[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR94.0]

[Page 488-492]
 
                  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, CLASSICAL SWINE FEVER, AND BOVINE 
SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS--Table of Contents
 
Sec. 94.0  Definitions.




Sec.
94.0 Definitions.
94.1 Regions where rinderpest or foot-and-mouth disease exists; 
          importations prohibited.

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94.1a Criteria for determining the separate status of a territory or 
          possession as to rinderpest and foot-and-mouth disease.
94.2 Fresh (chilled or frozen) products (other than meat), and milk and 
          milk products of ruminants and swine.
94.3 Organs, glands, extracts, or secretions of ruminants or swine.
94.4 Cured or cooked meat from regions where rinderpest or foot-and-
          mouth disease exists.
94.5 Regulation of certain garbage.
94.6 Carcasses, parts or products of carcasses, and eggs (other than 
          hatching eggs) of poultry, game birds, or other birds; 
          importations from regions where exotic Newcastle disease or 
          highly pathogenic avian influenza subtype H5N1 is considered 
          to exist.
94.7 Disposal of animals, meats, and other articles ineligible for 
          importation.
94.8 Pork and pork products from regions where African swine fever 
          exists or is reasonably believed to exist.
94.9 Pork and pork products from regions where classical swine fever 
          exists.
94.10 Swine from regions where classical swine fever exists.
94.11 Restrictions on importation of meat and other animal products from 
          specified regions.
94.12 Pork and pork products from regions where swine vesicular disease 
          exists.
94.13 Restrictions on importation of pork or pork products from 
          specified regions.
94.14 Swine from regions where swine vesicular disease exists; 
          importations prohibited.
94.15 Animal products and materials; movement and handling.
94.16 Milk and milk products.
94.17 Dry-cured pork products from regions where foot-and-mouth disease, 
          rinderpest, African swine fever, classical swine fever, or 
          swine vesicular disease exists.
94.18 Restrictions on importation of meat and edible products from 
          ruminants due to bovine spongiform encephalopathy.
94.19 Restrictions on importation from BSE minimal-risk regions of meat 
          and edible products from ruminants.
94.20 Gelatin derived from horses or swine, or from ruminants that have 
          not been in any region where bovine spongiform encephalopathy 
          exists.
94.21 [Reserved]
94.22 Restrictions on importation of beef from Uruguay.
94.23 Importation of poultry meat and other poultry products from 
          Sinaloa and Sonora, Mexico.
94.24 Restrictions on the importation of swine, pork, and pork products 
          from parts of the European Union.
94.25 Restrictions on the importation of live swine, pork, or pork 
          products from certain regions free of classical swine fever.
94.26 Restrictions on importation of live poultry, poultry meat, and 
          other poultry products from specified regions.
94.27 Importation of whole cuts of boneless beef from Japan.

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


    As used in this part, the following terms shall have the meanings 
set forth in this section.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service, of the United States Department of 
Agriculture (APHIS.)
    APHIS representative. An individual employed by Animal and Plant 
Health Inspection Service, United States Department of Agriculture, who 
is authorized to perform the function involved.
    Authorized inspector. Any individual authorized by the Administrator 
of APHIS or the Commissioner of Customs and Border Protection, 
Department of Homeland Security, to enforce the regulations in this 
part.
    Birds. All members of the class Aves (other than poultry or game 
birds).
    Bovine. Bos taurus, Bos indicus, and Bison bison.
    Bovine spongiform encephalopathy (BSE) minimal-risk region. A region 
that:
    (1) Maintains, and, in the case of regions where BSE was detected, 
had in place prior to the detection of BSE in an indigenous ruminant, 
risk mitigation measures adequate to prevent widespread exposure and/or 
establishment of the disease. Such measures include the following:
    (i) Restrictions on the importation of animals sufficient to 
minimize the possibility of infected ruminants being imported into the 
region, and on the importation of animal products and animal feed 
containing ruminant protein sufficient to minimize the possibility of 
ruminants in the region being exposed to BSE;
    (ii) Surveillance for BSE at levels that meet or exceed 
recommendations of the World Organization for Animal

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Health (Office International des Epizooties) for surveillance for BSE; 
and
    (iii) A ruminant-to-ruminant feed ban that is in place and is 
effectively enforced.
    (2) In regions where BSE was detected, conducted an epidemiological 
investigation following detection of BSE sufficient to confirm the 
adequacy of measures to prevent the further introduction or spread of 
BSE, and continues to take such measures.
    (3) In regions where BSE was detected, took additional risk 
mitigation measures, as necessary, following the BSE outbreak based on 
risk analysis of the outbreak, and continues to take such measures.
    Cervid. All members of the family Cervidae and hybrids, including 
deer, elk, moose, caribou, reindeer, and related species.
    Cold spot. The area in a flexible plastic cooking tube or other type 
of container loaded with meat product, or the areas at various points 
along the belt in an oven chamber, slowest to reach the required 
temperature during the cooking process. The cold spot(s) for each 
container is experimentally determined before the cooking process 
begins, and once identified, remains constant.
    Contact. Known or potential commingling of products during 
processing or storage, or while being transported from any point to any 
other point. Contact includes the simultaneous processing in the same 
room, locker, or container, but not necessarily the same storage 
facility or conveyance, as long as adequate security measures are taken 
to prevent commingling, as determined by an authorized APHIS 
representative.
    Container. For the purposes of Sec. 94.1(c) and Sec. 94.16(c), 
this term means a receptacle, sometimes refrigerated, which is designed 
to be filled with cargo, sealed, and then moved, without unsealing or 
unloading, aboard a variety of different transporting carriers.
    Department. The United States Department of Agriculture (USDA, 
Department).
    Direct transloading. The transfer of cargo directly from one means 
of conveyance to another.
    Exotic Newcastle disease (END). Any velogenic Newcastle disease. 
Exotic Newcastle disease is an acute, rapidly spreading, and usually 
fatal viral disease of birds and poultry.
    Farm equipment. Equipment used in the production of livestock or 
crops, including, but not limited to, mowers, harvesters, loaders, 
slaughter machinery, agricultural tractors, farm engines, farm trailers, 
farm carts, and farm wagons, but excluding automobiles and trucks.
    Flock of origin. The flock in which the eggs were produced.
    Food Safety and Inspection Service. The Food Safety and Inspection 
Service (FSIS) of the United States Department of Agriculture.
    FSIS inspector. An individual authorized by the Administrator, Food 
Safety and Inspection Service, United States Department of Agriculture, 
to perform the function involved.
    Game birds. Migratory birds, including certain ducks, geese, 
pigeons, and doves (``migratory'' refers to seasonal flight to and from 
the United States); free-flying quail, wild grouse, wild pheasants (as 
opposed to those that are commercial, domestic, or pen-raised).
    House. A structure, enclosed by walls and a roof, in which poultry 
are raised.
    Immediate export. The period of time determined by APHIS, based on 
shipping routes and timetables, to be the shortest practicable interval 
of time between the arrival in the United States of an incoming carrier 
and the departure from the United States of an outgoing carrier, to 
transport a consignment of products.
    Import (imported, importation) into the United States. To bring into 
the territorial limits of the United States.
    Indicator piece. A cube or slice of meat to be used for the pink 
juice test, required to meet minimum size specifications.
    Operator. The operator responsible for the day-to-day operations of 
a facility.
    Personal use. Only for personal consumption or display and not 
distributed further or sold.
    Pink juice test. Determination of whether meat has been thoroughly 
cooked by observation of whether the

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flesh and juices have lost all red and pink color.
    Port of arrival. Any place in the United States at which a product 
or article arrives, unless the product or article remains on the means 
of conveyance on which it arrived within the territorial limits of the 
United States.
    Positive for a transmissible spongiform encephalopathy. A sheep or 
goat for which a diagnosis of a transmissible spongiform encephalopathy 
has been made.
    Poultry. Chickens, turkeys, swans, partridges, guinea fowl, pea 
fowl; nonmigratory ducks, geese, pigeons, and doves; commercial, 
domestic, or pen-raised grouse, pheasants, and quail.
    Premises of origin. The premises where the flock of origin is kept.
    Region. Any defined geographic land area identifiable by geological, 
political, or surveyed boundaries. A region may consist of any of the 
following:
    (1) A national entity (country);
    (2) Part of a national entity (zone, county, department, 
municipality, parish, Province, State, etc.)
    (3) Parts of several national entities combined into an area; or
    (4) A group of national entities (countries) combined into a single 
area.
    Region of origin. For meat and meat products, the region in which 
the animal from which the meat or meat products were derived was born, 
raised and slaughtered; and for eggs, the region in which the eggs were 
laid.
    Ruminants. All animals that chew the cud, such as cattle, buffaloes, 
sheep, goats, deer, antelopes, camels, llamas and giraffes.
    Sentinel bird. A chicken that has been raised in an environment free 
of pathogens that cause communicable diseases of poultry and that has 
not been infected with, exposed to, or immunized with any strain of 
virus that causes Newcastle disease.
    Specified risk materials (SRMs). Those bovine parts considered to be 
at particular risk of containing the bovine spongiform encephalopathy 
(BSE) agent in infected animals, as listed in the FSIS regulations at 9 
CFR 310.22(a).
    Suspect for a transmissible spongiform encephalopathy. (1) A sheep 
or goat that has tested positive for a transmissible spongiform 
encephalopathy or for the proteinase resistant protein associated with a 
transmissible spongiform encephalopathy, unless the animal is designated 
as positive for a transmissible spongiform encephalopathy; or
    (2) A sheep or goat that exhibits any of the following signs and 
that has been determined to be suspicious for a transmissible spongiform 
encephalopathy by a veterinarian: Weight loss despite retention of 
appetite; behavior abnormalities; pruritus (itching); wool pulling; 
biting at legs or side; lip smacking; motor abnormalities such as 
incoordination, high stepping gait of forelimbs, bunny hop movement of 
rear legs, or swaying of back end; increased sensitivity to noise and 
sudden movement; tremor, ``star gazing,'' head pressing, recumbency, or 
other signs of neurological disease or chronic wasting.
    Temperature indicator device (TID). A precalibrated temperature-
measuring instrument containing a chemical compound activated at a 
specific temperature (the melting point of the chemical compound) 
identical to the processing temperature that must be reached by the meat 
being cooked. The Administrator will approve a TID for use after 
determining that the chemical compound in the device is activated at the 
specific temperature required.
    Thoroughly cooked. Heated sufficiently to inactivate any pathogen 
that may be present, as indicated by the required TID or pink juice 
test.
    United States. The several states, the District of Columbia, Puerto 
Rico, the Virgin Islands of the United States, Guam, the Northern 
Mariana Islands, or any other territory or possession of the United 
States, except as provided in Sec. 94.5 of this part.
    Veterinarian in Charge. The veterinary official of the Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture, who is assigned by the Administrator to supervise and 
perform the official animal health work of the Animal and Plant Health 
Inspection Service in the State or area concerned.

[[Page 492]]

    Wild swine. Any swine which are allowed to roam outside an 
enclosure.

[52 FR 33801, Sept. 8, 1987, as amended at 53 FR 48520, Dec. 1, 1988; 54 
FR 7393, Feb. 21, 1989; 54 FR 14794, Apr. 13, 1989; 54 FR 31504, July 
31, 1989; 55 FR 38982, Sept. 24, 1990; 57 FR 43886, Sept. 23, 1992; 59 
FR 13185, Mar. 21, 1994; 61 FR 56891, Nov. 5, 1996; 62 FR 56021, Oct. 
28, 1997; 67 FR 31937, May 13, 2002; 68 FR 36900, June 20, 2003; 70 FR 
549, Jan. 4, 2005; 70 FR 71218, Nov. 28, 2005]