[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR2.79]

[Page 37-38]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 2_REGULATIONS--Table of Contents
 
                            Subpart G_Records
 
Sec. 2.79  C.O.D. shipments.

    (a) No carrier or intermediate handler shall accept any animal for 
transportation, in commerce, upon any C.O.D. or other basis where any 
money is to be paid and collected upon delivery of the animal to the 
consignee, unless the consignor guarantees in writing the payment of all 
transportation, including any return transportation, if the shipment is 
unclaimed or the consignee cannot be notified in accordance with 
paragraphs (b) and (c) of this section, including reimbursing the 
carrier or intermediate handler for all out-of-pocket expenses incurred 
for the care, feeding, and storage or housing of the animal.
    (b) Any carrier or intermediate handler receiving an animal at a 
destination on a C.O.D. or other basis any

[[Page 38]]

money is to be paid and collected upon delivery of the animal to the 
consignee shall attempt to notify the consignee at least once every 6 
hours for a period of 24 hours after arrival of the animal at the animal 
holding area of the terminal cargo facility. The carrier or intermediate 
handler shall record the time, date, and method of each attempted 
notification and the final notification to the consignee, and the name 
of the person notifying the consignee, on the shipping document and on 
the copy of the shipping document accompanying the C.O.D. shipment. If 
the consignee cannot be notified of the C.O.D. shipment within 24 hours 
after its arrival, the carrier or intermediate handler shall return the 
animal to the consignor, or to whomever the consignor has designated, on 
the next practical available transportation, in accordance with the 
written agreement required in paragraph (a) of this section and shall 
notify the consignor. Any carrier or intermediate handler which has 
notified a consignee of the arrival of a C.O.D. or other shipment of an 
animal, where any money is to be paid and collected upon delivery of the 
animal to the consignee, which is not claimed by the consignee within 48 
hours from the time of notification, shall return the animal to the 
consignor, or to whomever the consignor has designated, on the next 
practical available transportation, in accordance with the written 
agreement required in paragraph (a) of this section and shall notify the 
consignor.
    (c) It is the responsibility of any carrier or intermediate handler 
to hold, feed, and care for any animal accepted for transportation, in 
commerce, under a C.O.D. or other arrangement where any money is to be 
paid and collected upon delivery of the animal until the consignee 
accepts shipment at destination or until returned to the consignor or 
his or her designee should the consignee fail to accept delivery of the 
animal or if the consignee could not be notified as prescribed in 
paragraph (b) of this section.
    (d) Nothing in this section shall be construed as prohibiting any 
carrier or intermediate handler from requiring any guarantee in addition 
to that required in paragraph (a) of this section for the payment of the 
cost of any transportation or out-of-pocket or other incidental expenses 
incurred in the transportation of any animal.