[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: 9CFR94.9]

[Page 508-509]
 
                  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. 94.9  Pork and pork products from regions where classical swine 
fever exists.

    (a) Classical swine fever is known to exist in all regions of the 
world except Australia; Canada; Chile; Denmark; England; Fiji; Finland; 
Iceland; Isle of Man; the Mexican States of Baja California, Baja 
California Sur, Campeche, Chihuahua, Quintana Roo, Sinaloa, Sonora, and 
Yucatan; New Zealand; Northern Ireland; Norway; the Republic of Ireland; 
Scotland; Sweden; Trust Territory of the Pacific Islands; Wales; and a 
single region in the European Union consisting of Austria, Belgium, 
France, Germany (except for the Kreis Uckermark in the Land of 
Brandenburg; the Kreis Oldenberg, the Kreis Soltau-Fallingbostel, and 
the Kreis Vechta in the Land of Lower Saxony; the Kreis Heinsberg and 
the Kreis Warendorf in the Land of Northrhine-Westphalia; the Kreis 
Bernkastel-Wittlich, the Kreis Bitburg-Pr[uuml]m, the Kreis 
Donnersbergkreis, the Kreis Rhein-Hunsr[uuml]che, the Kreis 
S[uuml]dliche Weinstrasse, and the Kreis Trier-Saarburg in the Land of 
Rhineland Palatinate; and the Kreis Altmarkkreis in the Land of Saxony-
Anhalt), Greece, Italy (except for the Regions of Emilia-Romagna, 
Piemonte, and Sardegna), the Netherlands, Portugal, and Spain.\10\
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    \10\See also other provisions of this part and parts 93, 95, and 96 
of this chapter and part 327 of this title for other prohibitions and 
restrictions upon importation of swine and swine products.
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    (b) No pork or pork product may be imported into the United States 
from any region where classical swine fever is known to exist unless it 
complies with the following requirements:
    (1) Such pork or pork product has been treated in accordance with 
one of the following procedures:
    (i) Such pork and 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 was heated by other than a flash-
heating method to an internal temperature of 69 [deg]C. (156 [deg]F.) 
throughout; or
    (iii) Such pork or pork product is in compliance with the following 
requirements:
    (A) All bones have been completely removed in the region of origin, 
and
    (B) The meat has been held in an unfrozen, fresh condition for at 
least 3 days immediately following the slaughter of the animals from 
which it was derived, and
    (C) The meat has been thoroughly cured and fully dried for a period 
of not less than 90 days so that the product is shelf stable without 
refrigeration: Provided, That the period of curing and

[[Page 509]]

drying shall be 45 days if the pork or pork product is accompanied to 
the processing establishment by a certificate of an official of the 
national government of a classical swine fever free region which 
specifies that:
    (1) The pork 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 classical 
swine fever), in a closed container sealed by the national veterinary 
authorities of the classical swine fever free region by seals of a 
serially numbered type; and
    (2) The numbers of the seals used were entered on the meat 
inspection certificate of the classical swine fever free region which 
accompanied the shipment from such free region: And, provided further, 
That the certificate required by paragraph (b)(3) of this section also 
states that: The container seals specified in paragraph 
(b)(1)(iii)(C)(1) of this section were found intact and free of any 
evidence of tampering on arrival at the processing establishment by a 
national veterinary inspector; and the processing establishment from 
which the pork or pork product is shipped to the United States does not 
receive or process any live swine, and uses only pork or pork product 
which originates in regions listed in paragraph (a) of this section as 
free of classical swine fever and processes all such pork or pork 
products in accordance with paragraph (b)(1)(i), (ii), or (iii) of this 
section.
    (2) Articles under paragraph (b)(1)(ii) or (iii) 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 Sec. 327.2 of this title; and,
    (3) In addition to the foreign meat inspection certificate required 
by Sec. 327.4 of this title, pork and pork products prepared under 
paragraph (b)(1)(ii) or (iii) of this section shall be accompanied by a 
certificate that states that the provisions of paragraph (b)(1)(ii) or 
(iii) of this section have been met. This certificate 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.\11\ 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.
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    \11\ The certification required may be placed on the foreign meat 
inspection certificate prescribed by Sec. 327.4 of this title or may be 
contained in a separate document.
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    (4) Small amounts of pork or pork product, subject to the 
restrictions in 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. 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.
    (c) Thoroughly cured and fully dried pork and pork products from 
regions where both classical swine fever and swine vesicular disease are 
known or considered to exist need not comply with paragraph (b)(1)(iii) 
of this section if they are in compliance with the provisions of Sec. 
94.12(b)(1)((iii) of this part.

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

[37 FR 21149, Oct. 6, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 94.9, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.