[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: 9CFR94.0] [Page 516-519] TITLE 9--ANIMALS AND ANIMAL PRODUCTS CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE PART 94_RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, Sec. 94.0 Definitions. AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS--Table of Contents Sec. 94.0 Definitions. 94.1 Regions where rinderpest or foot-and-mouth disease exists; importations prohibited. 94.1a Criteria for determining the separate status of a territory or possession as to rinderpest and foot-and-mouth disease. 94.2 Fresh (chilled or frozen) products (other than meat), and milk and milk products of ruminants and swine. 94.3 Organs, glands, extracts, or secretions of ruminants or swine. 94.4 Cured or cooked meat from regions where rinderpest or foot-and- mouth disease exists. 94.5 Regulation of certain garbage. 94.6 Carcasses, parts or products of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds; importations from regions where exotic Newcastle disease or highly pathogenic avian influenza subtype H5N1 is considered to exist. 94.7 Disposal of animals, meats, and other articles ineligible for importation. 94.8 Pork and pork products from regions where African swine fever exists or is reasonably believed to exist. 94.9 Pork and pork products from regions where classical swine fever exists. 94.10 Swine from regions where classical swine fever exists. 94.11 Restrictions on importation of meat and other animal products from specified regions. 94.12 Pork and pork products from regions where swine vesicular disease exists. 94.13 Restrictions on importation of pork or pork products from specified regions. 94.14 Swine from regions where swine vesicular disease exists; importations prohibited. 94.15 Animal products and materials; movement and handling. 94.16 Milk and milk products. 94.17 Dry-cured pork products from regions where foot-and-mouth disease, rinderpest, African swine fever, classical swine fever, or swine vesicular disease exists. 94.18 Restrictions on importation of meat and edible products from ruminants due to bovine spongiform encephalopathy. 94.19 Restrictions on importation from BSE minimal-risk regions of meat and edible products from ruminants. [[Page 517]] 94.20 Gelatin derived from horses or swine, or from ruminants that have not been in any region where bovine spongiform encephalopathy exists. 94.21 [Reserved] 94.22 Restrictions on importation of beef from Uruguay. 94.23 Importation of poultry meat and other poultry products from Sinaloa and Sonora, Mexico. 94.24 Restrictions on the importation of pork, pork products, and swine from the EU-15. 94.25 Restrictions on the importation of live swine, pork, or pork products from certain regions free of classical swine fever. 94.26 Restrictions on importation of live poultry, poultry meat, and other poultry products from specified regions. 94.27 Importation of whole cuts of boneless beef from Japan. Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. As used in this part, the following terms shall have the meanings set forth in this section. 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.) APHIS representative. An individual employed by Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to perform the function involved. Authorized inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this part. Birds. All members of the class Aves (other than poultry or game birds). Bovine. Bos taurus, Bos indicus, and Bison bison. Bovine spongiform encephalopathy (BSE) minimal-risk region. A region that: (1) Maintains, and, in the case of regions where BSE was detected, had in place prior to the detection of BSE in an indigenous ruminant, risk mitigation measures adequate to prevent widespread exposure and/or establishment of the disease. Such measures include the following: (i) Restrictions on the importation of animals sufficient to minimize the possibility of infected ruminants being imported into the region, and on the importation of animal products and animal feed containing ruminant protein sufficient to minimize the possibility of ruminants in the region being exposed to BSE; (ii) Surveillance for BSE at levels that meet or exceed recommendations of the World Organization for Animal Health (Office International des Epizooties) for surveillance for BSE; and (iii) A ruminant-to-ruminant feed ban that is in place and is effectively enforced. (2) In regions where BSE was detected, conducted an epidemiological investigation following detection of BSE sufficient to confirm the adequacy of measures to prevent the further introduction or spread of BSE, and continues to take such measures. (3) In regions where BSE was detected, took additional risk mitigation measures, as necessary, following the BSE outbreak based on risk analysis of the outbreak, and continues to take such measures. Cervid. All members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species. Cold spot. The area in a flexible plastic cooking tube or other type of container loaded with meat product, or the areas at various points along the belt in an oven chamber, slowest to reach the required temperature during the cooking process. The cold spot(s) for each container is experimentally determined before the cooking process begins, and once identified, remains constant. Contact. Known or potential commingling of products during processing or storage, or while being transported from any point to any other point. Contact includes the simultaneous processing in the same room, locker, or container, but not necessarily the same storage facility or conveyance, as long as adequate security measures are [[Page 518]] taken to prevent commingling, as determined by an authorized APHIS representative. Container. For the purposes of Sec. 94.1(c) and Sec. 94.16(c), this term means a receptacle, sometimes refrigerated, which is designed to be filled with cargo, sealed, and then moved, without unsealing or unloading, aboard a variety of different transporting carriers. Department. The United States Department of Agriculture (USDA, Department). Direct transloading. The transfer of cargo directly from one means of conveyance to another. European Union-15 (EU-15). The organization of Member States consisting of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, the Netherlands, Portugal, Republic of Ireland, Spain, Sweden, and the United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern Ireland). Exotic Newcastle disease (END). Any velogenic Newcastle disease. Exotic Newcastle disease is an acute, rapidly spreading, and usually fatal viral disease of birds and poultry. Farm equipment. Equipment used in the production of livestock or crops, including, but not limited to, mowers, harvesters, loaders, slaughter machinery, agricultural tractors, farm engines, farm trailers, farm carts, and farm wagons, but excluding automobiles and trucks. Flock of origin. The flock in which the eggs were produced. Food Safety and Inspection Service. The Food Safety and Inspection Service (FSIS) of the United States Department of Agriculture. FSIS inspector. An individual authorized by the Administrator, Food Safety and Inspection Service, United States Department of Agriculture, to perform the function involved. Game birds. Migratory birds, including certain ducks, geese, pigeons, and doves (``migratory'' refers to seasonal flight to and from the United States); free-flying quail, wild grouse, wild pheasants (as opposed to those that are commercial, domestic, or pen-raised). House. A structure, enclosed by walls and a roof, in which poultry are raised. Immediate export. The period of time determined by APHIS, based on shipping routes and timetables, to be the shortest practicable interval of time between the arrival in the United States of an incoming carrier and the departure from the United States of an outgoing carrier, to transport a consignment of products. Import (imported, importation) into the United States. To bring into the territorial limits of the United States. Indicator piece. A cube or slice of meat to be used for the pink juice test, required to meet minimum size specifications. Operator. The operator responsible for the day-to-day operations of a facility. Personal use. Only for personal consumption or display and not distributed further or sold. Pink juice test. Determination of whether meat has been thoroughly cooked by observation of whether the flesh and juices have lost all red and pink color. Port of arrival. Any place in the United States at which a product or article arrives, unless the product or article remains on the means of conveyance on which it arrived within the territorial limits of the United States. Positive for a transmissible spongiform encephalopathy. A sheep or goat for which a diagnosis of a transmissible spongiform encephalopathy has been made. Poultry. Chickens, turkeys, swans, partridges, guinea fowl, pea fowl; nonmigratory ducks, geese, pigeons, and doves; commercial, domestic, or pen-raised grouse, pheasants, and quail. Premises of origin. The premises where the flock of origin is kept. Region. Any defined geographic land area identifiable by geological, political, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, parish, Province, State, etc.) (3) Parts of several national entities combined into an area; or (4) A group of national entities (countries) combined into a single area. [[Page 519]] Region of origin. For meat and meat products, the region in which the animal from which the meat or meat products were derived was born, raised and slaughtered; and for eggs, the region in which the eggs were laid. Restricted zone for classical swine fever. An area, delineated by the relevant competent veterinary authorities of the region in which the area is located, that surrounds and includes the location of an outbreak of classical swine fever in domestic swine or detection of the disease in wild boar, and from which the movement of domestic swine is prohibited. Ruminants. All animals that chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes. Sentinel bird. A chicken that has been raised in an environment free of pathogens that cause communicable diseases of poultry and that has not been infected with, exposed to, or immunized with any strain of virus that causes Newcastle disease. Specified risk materials (SRMs). Those bovine parts considered to be at particular risk of containing the bovine spongiform encephalopathy (BSE) agent in infected animals, as listed in the FSIS regulations at 9 CFR 310.22(a). State. Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Suspect for a transmissible spongiform encephalopathy. (1) A sheep or goat that has tested positive for a transmissible spongiform encephalopathy or for the proteinase resistant protein associated with a transmissible spongiform encephalopathy, unless the animal is designated as positive for a transmissible spongiform encephalopathy; or (2) A sheep or goat that exhibits any of the following signs and that has been determined to be suspicious for a transmissible spongiform encephalopathy by a veterinarian: Weight loss despite retention of appetite; behavior abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden movement; tremor, ``star gazing,'' head pressing, recumbency, or other signs of neurological disease or chronic wasting. Temperature indicator device (TID). A precalibrated temperature- measuring instrument containing a chemical compound activated at a specific temperature (the melting point of the chemical compound) identical to the processing temperature that must be reached by the meat being cooked. The Administrator will approve a TID for use after determining that the chemical compound in the device is activated at the specific temperature required. Thoroughly cooked. Heated sufficiently to inactivate any pathogen that may be present, as indicated by the required TID or pink juice test. United States. All of the States. Veterinarian in Charge. The veterinary official of the Animal and Plant Health Inspection Service, United States Department of Agriculture, 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 or area concerned. Wild swine. Any swine which are allowed to roam outside an enclosure. [52 FR 33801, Sept. 8, 1987, as amended at 53 FR 48520, Dec. 1, 1988; 54 FR 7393, Feb. 21, 1989; 54 FR 14794, Apr. 13, 1989; 54 FR 31504, July 31, 1989; 55 FR 38982, Sept. 24, 1990; 57 FR 43886, Sept. 23, 1992; 59 FR 13185, Mar. 21, 1994; 61 FR 56891, Nov. 5, 1996; 62 FR 56021, Oct. 28, 1997; 67 FR 31937, May 13, 2002; 68 FR 36900, June 20, 2003; 70 FR 549, Jan. 4, 2005; 70 FR 71218, Nov. 28, 2005; 71 FR 29070, May 19, 2006; 71 FR 49317, Aug. 23, 2006]