[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: 9CFR93.210]

[Page 423-424]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
   PART 93_IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY,
   AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR
 
                            Subpart B_Poultry
 
Sec. 93.210  Poultry quarantine facilities.

    (a) Privately operated quarantine facilities. The importer, or his 
or her agent, of poultry subject to quarantine under the regulations in 
this part shall arrange for acceptable transportation to the privately 
operated quarantine facility and for the care, feed, and handling of the 
poultry from the time of unloading at the quarantine port to the time of 
release from quarantine. Such arrangements shall be agreed to in advance 
by the Administrator. All expenses resulting therefrom or incident 
thereto shall be the responsibility of the importer; APHIS assumes no 
responsibility with respect thereto. The quarantine facility must be 
suitable for the quarantine of such poultry and must be approved by the 
Administrator prior to the issuance of any import permit. The facilities 
occupied by poultry should be kept clean and sanitary to the 
satisfaction of the inspector assigned to supervise the quarantine. If 
for any cause the care, feed, or handling of poultry, or the sanitation 
of the facilities, is neglected, in the opinion of the inspector 
assigned to supervise the quarantine, such services may be furnished by 
APHIS in the same manner as though arrangements had been made for such 
services as provided by paragraph (b) of this section, and/or the 
poultry may be disposed of as the Administrator, may direct, including 
sale in accordance with the procedure described in paragraph (b) of this 
section. The importer, or his or her agent, shall request in writing 
such inspection and other services as may be required, and shall waive 
all claim against the United States and APHIS or any employee of APHIS 
for damages which may arise from such services. The Administrator may 
prescribe reasonable rates for the services provided under this 
paragraph. When it is found necessary to extend the usual minimum 
quarantine period, the importer, or his or her agent, shall be so 
advised in writing and shall pay for such additional quarantine and 
other services required. Payment for all services received by the 
importer, or his or her agent, in connection with each separate lot of 
poultry shall be made by certified check or U.S. money order prior to 
release of the poultry. If such payment is not made, the poultry may be 
sold in accordance with the procedure described in paragraph (b) of this 
section, or otherwise disposed of as directed by the Administrator.
    (b) Quarantine facilities maintained by APHIS. The importer, or his 
or her agent, of poultry subject to quarantine under the regulations in 
this part shall arrange for acceptable transportation to the quarantine 
facility, and for the care, feed, and handling of the poultry from the 
time they arrive at the quarantine port to the time of release from 
quarantine. Such arrangements shall be agreed to in advance by the 
Administrator. The importer or his or her agent shall request in writing 
such inspection and other services as may be required, and shall waive 
all claim against the United States and APHIS or any employee of APHIS, 
for damages which may arise from such services. All expenses resulting 
therefrom or incident thereto shall be the responsibility of the 
importer; APHIS assumes no responsibility with respect thereto. The 
Administrator may prescribe reasonable rates for the services provided 
under this paragraph. When it is found necessary to extend the usual 
minimum quarantine period, the importer, or his or her agent, shall be 
so advised in writing and shall pay for such additional quarantine and 
other services required. Payment for services received by the importer, 
or his or her agent, in connection with each separate lot of poultry 
shall be made by

[[Page 424]]

certified check or U.S. money order prior to release of the poultry. If 
such payment is not made, the poultry may be sold in accordance with the 
procedure described in this paragraph or otherwise disposed of as 
directed by the Administrator. When payment is not made and the poultry 
are to be sold to recover payment for services received, the importer, 
or his or her agent, will be notified by the inspector that if said 
charges are not immediately paid or satisfactory arrangements made for 
payment, the poultry will be sold at public sale to pay the expense of 
care, feed, and handling during that period. The sale will be held after 
the expiration of the quarantine period, at such time and place as may 
be designated by the General Services Administration or other designated 
selling agent. The proceeds of the sale, after deducting the charges for 
care, feed, and handling of the poultry and other expenses, including 
the expense of the sale, shall be held in a Special Deposit Account in 
the United States Treasury for 6 months from the date of sale. If not 
claimed by the importer, or his or her agent, within 6 months from the 
date of sale, the amount so held shall be transferred from the Special 
Deposit Account to the General Fund Account in the United States 
Treasury.
    (c) Amounts collected from the importer, or his or her agent, for 
service rendered shall be deposited so as to be available for defraying 
the expenses involved in this service.