[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: 9CFR93.309]

[Page 445-447]
 
                  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 C_Horses
 
Sec. 93.309  Horse quarantine facilities.

    (a) Privately operated quarantine facilities. The importer, or his 
or her agent, of horses 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 
horses 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

[[Page 446]]

the importer; APHIS assumes no responsibility with respect thereto. The 
quarantine facility must be suitable for the quarantine of such horses 
and must be approved by the Administrator prior to the issuance of any 
import permit. The facilities occupied by horses 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 horses, 
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 horses 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 
horses shall be made by certified check or U.S. money order prior to 
release of the horses. If such payment is not made, the horses 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 horses 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 horses 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 horses 
shall be made by certified check or U.S. money order prior to release of 
the horses. If such payment is not made, the horses 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 horses 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 horses 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 horses 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.

[[Page 447]]

    (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.