[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: 9CFR94.1]

[Page 492-493]
 
                  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. 94.1  Regions where rinderpest or foot-and-mouth disease exists; 
importations prohibited.

    (a) Notice is hereby given that, in accordance with the Animal 
Health Protection Act (7 U.S.C. 8301 et seq.), it has been determined, 
and official notice has been given to the Secretary of the Treasury 
that:
    (1) Rinderpest or foot-and-mouth disease exists in all regions of 
the world, except those listed in paragraph (a)(2) or (a)(3) of this 
section;
    (2) The following regions are declared to be free of both rinderpest 
and foot-and-mouth disease: Australia, Austria, The Bahamas, Barbados, 
Belgium, Bermuda, British Honduras (Belize), Canada, Channel Islands, 
Chile, Costa Rica, Czech Republic, Denmark, Dominican Republic, El 
Salvador, Estonia, Fiji, Finland, France, Germany, Greece, Greenland, 
Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, 
Japan, Luxembourg, Mexico, The Netherlands, New Caledonia, New Zealand, 
Nicaragua, Norway, Panama, Papua New Guinea, Poland, Portugal, Spain, 
Territory of St. Pierre and Miquelon, Sweden, Switzerland, Trinidad and 
Tobago, Trust Territory of the Pacific Islands, and the United Kingdom.
    (3) The following regions are declared to be free of rinderpest: The 
Republic of South Africa.
    (b) The importation of any ruminant or swine or any fresh (chilled 
or frozen) meat of any ruminant or swine \1\ that originates in any 
region where rinderpest or foot-and-mouth disease exists, as designated 
in paragraph (a) of this section, or that enters a port in or otherwise 
transits a region in which rinderpest or foot-and-mouth disease exists, 
is prohibited:
    (1) Except as provided in part 93 of this chapter for wild ruminants 
and wild swine;
    (2) Except as provided in paragraph (d) of this section for fresh 
(chilled or frozen) meat of ruminants or swine that is otherwise 
eligible for importation under this part but that enters a port or 
otherwise transits a region where rinderpest or foot-and-mouth disease 
exists; and
    (3) Except as provided in Sec. 94.4 of this part for cooked or 
cured meat from regions where rinderpest or foot-and-mouth disease 
exists.
    (4) Except as provided in Sec. 94.22 for fresh (chilled or frozen) 
beef from Uruguay.
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    \1\ Importation of animals and meat includes bringing the animals or 
meat within the territorial limits of the United States on a means of 
conveyance for use as sea stores or for other purposes.
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    (c) The importation of any used farm equipment that originates in 
any region where rinderpest or foot-and-mouth disease exists, as 
designated in paragraph (a) of this section, is prohibited, unless the 
equipment is accompanied by an original certificate signed by an 
authorized official of the national animal health service of the 
exporting region that states that the equipment, after its last use and 
prior to export, was steam-cleaned free of all exposed dirt and other 
particulate matter. Such farm equipment is subject to APHIS inspection 
at the port of arrival. If it is found during such inspection to contain 
any exposed dirt or other particulate matter, it will be denied entry 
into the United States, unless, in the judgment of the APHIS inspector, 
the amount of exposed soil is minimal enough to allow cleaning at the 
port of arrival, and there are adequate facilities and personnel at the 
port to conduct such cleaning without risk of disease contamination.
    (d) Except as otherwise provided in this part, fresh (chilled or 
frozen) meat of ruminants or swine raised and slaughtered in a region 
free of foot-and-mouth disease and rinderpest, as designated in 
paragraph (a)(2) of this section, and fresh (chilled or frozen) beef 
exported from Uruguay in accordance with Sec. 94.22, which during 
shipment to the United States enters a port or otherwise transits a 
region

[[Page 493]]

where rinderpest or foot-and-mouth disease exists may be imported 
provided that all of the following conditions are met:
    (1) The meat is accompanied by the foreign meat inspection 
certificate required by Sec. 327.4 of this title and, upon arrival of 
the meat in the United States, the foreign meat inspection certificate 
is presented to an authorized inspector at the port of arrival;
    (2) The meat is placed in the transporting carrier in a hold, 
compartment, or, if the meat is containerized, in a container that which 
was sealed in the region of origin by an official of such region with 
serially numbered seals approved by APHIS, so as to prevent contact of 
the meat with any other cargo, handling of the meat after the hold, 
compartment, or container is sealed, and the loading of any cargo into 
and the removal of any cargo from the sealed hold, compartment, or 
container en route to the United States;
    (3) If any foreign official breaks a seal applied in the region of 
origin in order to inspect the meat, he or she then reseals the hold, 
compartment, or container with a new serially numbered seal; and, if any 
member of a ship's crew breaks a seal, the serial number of the seal, 
the location of the seal, and the reason for breaking the seal are 
recorded in the ship's log.
    (4) The serial numbers of the seals used to seal the hold, 
compartment, or container are recorded on the foreign meat inspection 
certificate which accompanies the meat;
    (5) Upon arrival of the carrier in the United States port of 
arrival, the seals are found by an APHIS representative to be intact, 
and the representative finds that there is no evidence indicating that 
any seal has been tampered with; Provided that, if the representative 
finds that any seal has been broken or has a different number than is 
recorded on the foreign meat inspection certificate, then the meat may 
remain eligible for entry into the United States only if APHIS personnel 
are available to inspect the hold, compartment, or container, the 
packages of meat, and all accompanying documentation; and the importer 
furnishes additional documentation (either copies of pages from the 
ship's log signed by the officer-in-charge, or certification from a 
foreign government that the original seal was removed and the new seal 
applied by officials of that government) that demonstrates to the 
satisfaction of the Administrator that the meat was not contaminated or 
exposed to contamination during movement from the region of origin to 
the United States; and
    (6) The meat is found by an authorized inspector to be as 
represented on the foreign meat inspection certificate.

(Approved by the Office of Management and Budget under control numbers 
0579-0015 and 0579-0195)

[30 FR 12118, Sept. 23, 1965]

    Editorial Note: For Federal Register citations affecting Sec. 94.1, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.