[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: 9CFR98.37]

[Page 585-586]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 98_IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN--Table 
of Contents
 
                     Subpart C_Certain Animal Semen
 
Sec. 98.37  Semen from sheep in regions other than Australia, Canada, 
and New Zealand.

    (a) Except for semen from sheep in Australia, Canada, or New 
Zealand, semen from sheep may only be imported into the United States if 
it complies with all applicable provisions of this subpart and one of 
the following conditions:
    (1) The semen is transferred to females in a flock in the United 
States that participates in the Voluntary Scrapie Flock Certification 
Program (see 9 CFR part 54, subpart B) and qualifies as a ``Certified'' 
flock; or
    (2) The semen is transferred to females in a flock in the United 
States that participates in the Voluntary Scrapie Flock Certification 
Program (see 9 CFR part 54, subpart B), and the flock owner has agreed, 
in writing, to maintain the flock, and all first generation progeny 
resulting from semen imported in accordance with this section, in 
compliance with all requirements of the Voluntary Scrapie Flock 
Certification Program until the flock, including all first generation 
progeny resulting from semen imported in accordance with this section, 
qualifies as a ``Certified'' flock.
    (b) Sheep semen may be imported under paragraph (a) of this section 
only if the importer provides the Voluntary Scrapie Flock Certification 
Program identification number of the receiving flock as part of the 
application for an import permit.
    (c) Sheep semen may be imported under paragraph (a)(1) of this 
section only if it comes from a donor animal in a flock in the region of 
origin that participates in a program determined by the Administrator to 
be equivalent to the Voluntary Scrapie Flock Certification Program, and 
the flock has been determined by the Administrator to be

[[Page 586]]

at a level equivalent to ``Certified'' in the Voluntary Scrapie Flock 
Certification Program.
    (d) Sheep semen may be imported under paragraph (a)(2) of this 
section only if it is transferred to animals in a Certifiable Class C 
flock participating in the Voluntary Scrapie Flock Certification 
Program; except, that if the semen comes from a donor animal whose flock 
in the region of origin participates in a program determined by the 
Administrator to be equivalent to the Voluntary Scrapie Flock 
Certification Program, then the semen may be used in a flock in the 
United States which would be classified at a level equivalent to or 
lower (i.e., at greater risk) than the certification level, as 
determined by the Administrator, of the flock of the donor animal.
    (e) The flock to which the sheep semen is transferred pursuant to 
paragraph (a)(2) of this section must be monitored for scrapie disease 
until the flock, and all first generation progeny resulting from the 
semen imported in accordance with this section, qualifies as a 
``Certified'' flock.
    (f) Except for sheep semen being placed in Certifiable Class C 
flocks, the certificate accompanying the sheep semen imported under 
paragraph (a) of this section must contain the following statement: 
``The semen identified on this certificate has been collected from a 
sire that has been monitored by a salaried veterinary officer of [name 
of region of origin], for [number of months], in the same source flock 
which had been determined by the Administrator, APHIS, prior to the 
exportation of the semen to the United States, to be equivalent to 
[certification level] of the Voluntary Scrapie Flock Certification 
Program authorized under 9 CFR part 54, subpart B.''
    (1) The Administrator will determine, based upon information 
supplied by the importer, whether the donor animal's flock participates 
in a program in the region of origin that is equivalent to the Voluntary 
Scrapie Flock Certification Program, and if so, at what level the source 
flock would be classified.
    (2) In order for the Administrator to make a determination, the 
importer must supply the following information with the application for 
an import permit, no less than 1 month prior to the anticipated date of 
importation:
    (i) The name, title, and address of a knowledgeable official in the 
veterinary services of the region of origin;
    (ii) The details of scrapie control programs in the region of 
origin, including information on disease surveillance and border control 
activities and the length of time these activities have been in effect;
    (iii) Any available information concerning additions, within the 5 
years immediately preceding collection of the semen, to the flock of the 
semen donor;
    (iv) Any available data concerning disease incidence, within the 5 
years immediately preceding collection of the semen in the donor 
animal's flock, including, but not limited to, the results of diagnostic 
tests, especially histopathology tests, conducted on any animals in the 
flock;
    (v) Information concerning the health, within the 5 years 
immediately preceding collection of the semen, of other ruminants, 
flocks, and herds with which the donor animal and the donor animal's 
flock might have had physical contact, and a description of the type and 
frequency of the physical contact; and
    (vi) Any other information requested by the Administrator in 
specific cases as needed to make a determination.
    (g) All first generation progeny resulting from semen imported under 
this section are subject to the requirements of 9 CFR part 54 and all 
other applicable regulations.

(Approved by the Office of Management and Budget under control numbers 
0579-0040 and 0579-0101)

[61 FR 17242, Apr. 19, 1996, as amended at 62 FR 56026, Oct. 28, 1997; 
64 FR 23179, April 30, 1999]