[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: 9CFR71.1]

[Page 208-212]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 71_GENERAL PROVISIONS--Table of Contents
 
Sec. 71.1  Definitions.




Sec.
71.1 Definitions.
71.2 Secretary to issue rule governing quarantine and interstate 
          movement of diseased animals, including poultry.
71.3 Interstate movement of diseased animals and poultry generally 
          prohibited.
71.4 Maintenance of certain facilities and premises in a sanitary 
          condition required; cleaning and disinfection, when required; 
          animals classed as ``exposed.''
71.5 Unsanitary railroad cars, trucks, boats, aircraft or other means of 
          conveyance; interstate movement restricted.
71.6 Carrier responsible for cleaning and disinfecting of railroad cars, 
          trucks, boats, aircraft or other means of conveyance.
71.7 Means of conveyance, facilities, premises, and cages and other 
          equipment; methods of cleaning and disinfecting.
71.10 Permitted disinfectants.
71.11 Cresylic disinfectant as permitted disinfectant; specifications.

[[Page 209]]

71.12 Sodium orthophenylphenate as permitted disinfectant for premises 
          infected with tuberculosis.
71.13 Inspection of shipments in transit by APHIS representative.
71.14 Slaughter of poultry or other animals to prevent spread of 
          disease; ascertainment of value and compensation.
71.15 Movement from quarantined to free area and shipment therefrom; 
          conditions under which permitted.
71.16 Inspection and certification of poultry or other animals for 
          interstate movement.
71.17 Interstate movement of dead poultry or other animals prohibited in 
          same car with live poultry or other animals.
71.18 Individual identification of certain cattle 2 years of age or over 
          for movement in interstate commerce.
71.19 Identification of swine in interstate commerce.
71.20 Approval of livestock facilities.
71.21 Tissue and blood testing at slaughter.
71.22 Removal and loss of official identification devices.

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

    Source: 28 FR 5937, June 13, 1963, unless otherwise noted.


    As used in this part, the following terms shall have the meanings 
set forth in this section.
    Accredited veterinarian. A veterinarian who is approved by the 
Administrator, in accordance with part 161 of this chapter, to perform 
official animal health work of the Animal and Plant Health Inspection 
Service specified in subchapters A, B, C, and D of this chapter; and to 
perform work required by cooperative state-federal disease control and 
eradication programs.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States. The 
AIN contains 15 digits, with the first 3 being the country code (840 for 
the United States), the alpha characters USA, or the numeric code 
assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Approved livestock facility. A stockyard, livestock market, buying 
station, concentration point, or any other premises under State or 
Federal veterinary supervision where livestock are assembled and that 
has been approved under Sec. 71.20.
    Area Veterinarian in Charge. The veterinary official of APHIS, who 
is assigned by the Administrator to supervise and perform the official 
animal health work of the Animal and Plant Health Inspection Service in 
the state concerned.
    Breeder swine. Sexually intact swine over 6 months of age.
    Commingling. The mixing or assembling of swine from one premises 
with swine from any other premises, including, but not limited to, 
loading swine from more than one premises on the same truck, trailer, 
vessel, or railroad car, unless swine from different premises are kept 
separate on the means of conveyance by dividers.
    Department. The United States Department of Agriculture.
    Feeder swine. Swine under 6 months of age that are not slaughter 
swine.
    Food Safety and Inspection Service (FSIS). The Food Safety and 
Inspection Service, United States Department of Agriculture.
    Free area. The States, Territories, or the District of Columbia or 
portions thereof not quarantined by the Secretary of Agriculture for the 
specific contagious, infectious, or communicable animal disease 
mentioned in each part.
    Group/lot identification number (GIN). The identification number 
used to uniquely identify a ``unit of animals'' of the same species that 
is managed together as one group throughout the preharvest production 
chain. The GIN consists of a seven-character premises identification 
number (PIN), as defined in this section, and a six-digit representation 
of the date on which the group or lot of animals was assembled (MM/DD/
YY).
    Horses. Horses, asses, mules, ponies, and zebras.

[[Page 210]]

    Interstate. From one State into or through any other State.
    Interstate commerce. Trade, traffic, transportation, or other 
commerce between a place in a state and any place outside of that state, 
or between points within a state but through any place outside of that 
state.
    Interstate swine movement report. A paper or electronic document 
signed by a producer moving swine giving notice that a group of animals 
is being moved across State lines in a swine production system. This 
document must contain the name of the swine production system; the name, 
location, and premises identification number of the premises from which 
the swine are to be moved; the name, location, and premises 
identification number of the premises to which the swine are to be 
moved; the date of movement; and the number, age, and type of swine to 
be moved. This document must also contain a description of any 
individual or group identification associated with the swine, the name 
of the swine production system accredited veterinarian(s), the health 
status of the herd from which the swine are to be moved, including any 
disease of regulatory concern to APHIS or to the States involved, and an 
accurate statement that swine on the premises from which the swine are 
to be moved have been inspected by the swine production system 
accredited veterinarian(s) within 30 days prior to the interstate 
movement and consistent with the dates specified by the premises' swine 
production health plan and found free from signs of communicable 
disease.
    Livestock. Horses, cattle, bison, captive cervids, sheep and goats, 
swine, and other farm-raised animals.
    Livestock market. A stockyard, buying station, concentration point, 
or any other premises where livestock are assembled for sale or sale 
purposes.
    Moved (movement) in interstate commerce. Shipped, transported, 
delivered, or otherwise aided, induced, or caused to be moved from the 
point of origin of the interstate movement to the animals' final 
destination, such as a slaughtering establishment or a farm for breeding 
or raising, and including any temporary stops along the way, such as at 
a stockyard or dealer premises for feed, water, rest, or sale.
    Official Brand Inspection Agency. The duly constituted body elected, 
appointed, or delegated or granted authority by a State or governmental 
subdivision thereof, to administer laws, regulations, ordinances or 
rules pertaining to the brand identification of livestock.
    Official brand inspection certificate. A certificate issued by an 
official brand inspection agency in any State in which such certificates 
are required for movement of livestock.
    Official eartag. An identification tag providing unique 
identification for individual animals. An official eartag must bear the 
U.S. shield. The design, size, shape, color, and other characteristics 
of the official eartag will depend on the needs of the users. The 
official eartag must be tamper-resistant and have a high retention rate 
in the animal. Official eartags must adhere to one of the following 
numbering systems:
    (1) National Uniform Eartagging System.
    (2) Animal identification number (AIN).
    (3) Premises-based number system. The premises-based number system 
combines an official premises identification number (PIN), as defined in 
this section, with a producer's livestock production numbering system to 
provide a unique identification number. The PIN and the production 
number must both appear on the official tag.
    (4) Any other numbering system approved by the Administrator for the 
identification of animals in commerce.
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods 
approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority.
    Official swine tattoo. A tattoo, conforming to the six-character 
alpha-numeric National Tattoo System, that provides a unique 
identification for each herd or lot of swine.

[[Page 211]]

    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or other legal entity.
    Premises identification number (PIN). A unique number assigned by a 
State or Federal animal health authority to a premises that is, in the 
judgment of the State or Federal animal health authority, a 
geographically distinct location from other livestock production units. 
The premises identification number is associated with an address or 
legal land description and may be used in conjunction with a producer's 
own livestock production numbering system to provide a unique 
identification number for an animal. It may also be used as a component 
of a group/lot identification number (GIN). The premises identification 
number may consist of:
    (1) The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    (2) A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.
    Purebred registry association. A swine breed association formed and 
perpetuated for the maintenance of records of purebreeding of swine 
species for a specific breed whose characteristics are set forth in 
constitutions, by-laws, and other rules of the association.
    Quarantined area. The States, Territories, or the District of 
Columbia or portions thereof quarantined by the Secretary of Agriculture 
for the specific contagious, infectious, or communicable animal disease 
mentioned in each part.
    Slaughter swine. Swine being sold or moved for slaughter purposes 
only.
    State. Any of the 50 states, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, the District of Columbia, 
and any territories and possessions of the United States.
    State animal health official. The state official responsible for 
livestock and poultry disease control and eradication programs.
    State representative. An individual employed in animal health work 
by a state or a political subdivision thereof and authorized by such 
state or political subdivision to perform the function involved.
    Swine production health plan. A written agreement developed for a 
swine production system designed to maintain the health of the swine and 
detect signs of communicable disease.
    The plan must identify all premises that are part of the swine 
production system and that receive or send swine in interstate commerce 
and must provide for health monitoring of all swine within the system. 
Such health monitoring must include inspections by the swine production 
system accredited veterinarian(s). Inspections of all identified 
premises that contain swine that are or will be in the process of moving 
interstate within the swine production system and of all swine on those 
premises must be conducted by the accredited veterinarian(s) at 
intervals of no greater than 30 days. Inspections of all identified 
receiving premises that contain only swine that have completed their 
interstate movement within a single swine production system and of all 
swine on those premises must be conducted in accordance with State 
regulations. The plan must also describe the recordkeeping system of the 
swine production system. The plan will not be valid unless it is signed 
by an official of each swine production system identified in the plan, 
the swine production system accredited veterinarian(s), an APHIS 
representative, and the State animal health official from each State in 
which the swine production system has premises. In the plan, the swine 
production system must acknowledge that it has been informed of and has 
notified the managers of all its premises listed in the plan that any 
failure of the participants in the swine production system to abide by 
the provisions of the plan and the applicable provisions of this part 
and part 85 of this chapter constitutes a basis for the cancellation of 
the swine production health plan, as well as other administrative or 
criminal sanctions, as appropriate.
    Swine production system. A swine production enterprise that consists 
of multiple sites of production; i.e., sow herds, nursery herds, and 
growing or finishing herds, but not including

[[Page 212]]

slaughter plants or livestock markets, that are connected by ownership 
or contractual relationships, between which swine move while remaining 
under the control of a single owner or a group of contractually 
connected owners.
    Swine production system accredited veterinarian. An accredited 
veterinarian who is named in a swine production health plan for a 
premises within a swine production system and who performs inspection of 
such premises and animals and other duties related to the movement of 
swine in a swine production system.
    Tick infested. Infested with the ticks Boophilus annulatus 
(Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi 
evertsi.
    United States Department of Agriculture backtag. A backtag issued by 
APHIS that provides unique identification for each animal.

[28 FR 5937, June 13, 1963, as amended at 29 FR 14489, Oct. 22, 1964; 35 
FR 14197, Sept. 9, 1970; 38 FR 18011, July 6, 1973; 50 FR 45987, Nov. 6, 
1985; 51 FR 32599, Sept. 12, 1986, 53 FR 40385, Oct. 14, 1988; 55 FR 
11155, 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27933, 
May 22, 1997; 62 FR 54758, Oct. 22, 1997; 66 FR 65602, Dec. 20, 2001; 68 
FR 62226, Nov. 3, 2003; 69 FR 10150, Mar. 4, 2004; 69 FR 64648, Nov. 8, 
2004]