[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: 9CFR96.2]

[Page 551-552]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 96_RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS OFFERED 
FOR ENTRY INTO THE UNITED STATES--Table of Contents
 
Sec. 96.2  Prohibition of casings due to African swine fever and bovine 
spongiform encephalopathy.

    (a) Swine casings. The importation of swine casings that originated 
in or were processed in a region where African swine fever exists, as 
listed in Sec. 94.8 of this subchapter, is prohibited, with the 
following exception: Swine casings that are processed in a region where 
African swine fever exists may be imported into the United States under 
the following conditions:
    (1) Origin of casings. The swine casings were derived from swine 
raised and slaughtered in a region not listed in Sec. 94.8(a) of this 
subchapter.
    (2) Shipping requirements. The casings were shipped from the region 
of origin to a processing establishment in a region listed in Sec. 94.8 
of this subchapter in a closed container sealed with serially numbered 
seals applied by an official of the national government of the region of 
origin.
    (3) Origin certificate. The casings were accompanied from the region 
of origin to the processing establishment by a certificate written in 
English and signed by an official of the national government of the 
region of origin specifying the region of origin, the processing 
establishment to which the swine casings were consigned, and the numbers 
of the seals applied.
    (4) Integrity of seals. The casings were taken out of the container 
at the processing establishment only after an official of the national 
government of the region where the processing establishment is located 
determined that the seals were intact and free of any evidence of 
tampering and had so stated on the certificate referred to in paragraph 
(a)(3) of this section.
    (5) The processing establishment. The casings were processed at a 
single processing establishment \1\ in a region listed in Sec. 94.8 of 
this subchapter. The processing establishment does not receive or 
process any live swine and uses only pork and pork products that 
originate in a region not listed in Sec. 94.8 of this subchapter and 
that are shipped to the processing establishment in accordance with 
paragraphs (a)(2) through (a)(4) of this section.
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    \1\ As a condition of entry into the United States, pork or pork 
products must also meet all of the requirements of the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) and regulations under the Act (9 
CFR, chapter III, part 327), including requirements that the pork or 
pork products be prepared only in approved establishments.
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    (6) Compliance agreement. The processing establishment is operated 
by persons who have entered into a valid written compliance agreement 
with APHIS to maintain on file at the processing establishment for at 
least 2 years copies of the certificates referred to in paragraph (a)(4) 
of this section, to allow APHIS personnel to make unannounced 
inspections as necessary to monitor compliance with the provisions of 
this section, and to otherwise comply with the provisions of this 
section.
    (7) Cooperative service agreement. The processing establishment is 
operated by persons who have entered into a cooperative service 
agreement with APHIS. The establishment is current in paying for APHIS 
personnel to inspect the establishment (it is anticipated that such 
inspections will occur once per year). In addition, the processing 
establishment has on deposit with APHIS an unobligated amount equal to 
the cost for APHIS personnel to conduct one inspection, including 
travel, salary, subsistence, administrative overhead, and other 
incidental expenses (including excess baggage provisions up to 150 
pounds).
    (8) Compliance agreement cancellation. Any compliance agreement may 
be canceled orally or in writing by the inspector who is supervising its 
enforcement whenever the authorized inspector finds that such person has 
failed to comply with the provisions of this section or any conditions 
imposed by this section. If the cancellation is oral, the

[[Page 552]]

decision and the reasons will be confirmed in writing, as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled may appeal the decision to the Administrator, in writing, 
within 10 days after receiving written notification of the cancellation. 
The appeal should state all of the facts and reasons upon which the 
person relies to show that the compliance agreement was wrongfully 
canceled. The Administrator will grant or deny the appeal, in writing, 
stating the reasons for such decision, as promptly as circumstances 
allow. If there is a conflict as to any material fact, a hearing will be 
held to resolve such conflict. Rules of Practice governing such a 
hearing will be adopted by the Administrator.
    (9) Export certification. The casings are accompanied to the United 
States by an original certificate stating that all of the requirements 
of this section have been met. The certificate must be written in 
English. The certificate must be issued by an official of the national 
government of the region in which the processing establishment is 
located. The official must be authorized to issue the foreign meat 
inspection certificate required by part 327 in chapter III of this 
title. Upon arrival of the swine casings in the United States, the 
certificate must be presented to an authorized inspector at the port of 
arrival.
    (b) Bovine or other ruminant casings. The importation of casings, 
except stomachs, from bovines and other ruminants that originated in or 
were processed in any region listed in Sec. 94.18(a) this subchapter is 
prohibited, except that casings derived from sheep that were slaughtered 
in a region listed in Sec. 94.18(a)(3) of this subchapter at less than 
12 months of age and that were from a flock subject to a ruminant feed 
ban equivalent to the requirements established by the U.S. Food and Drug 
Administration at 21 CFR 589.2000 may be imported, provided the casings 
are accompanied by a certificate that states that the casings were 
derived from sheep that met the conditions of this paragraph and that 
meets the following conditions:
    (1) The certificate is written in English;
    (2) The certificate is signed by an individual eligible to issue the 
certificate required under Sec. 96.3; and
    (3) The certificate is presented to an authorized inspector at the 
port of arrival.

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

[65 FR 1307, Jan. 10, 2000, as amended at 70 FR 553, Jan. 4, 2005]