[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: 9CFR94.5]

[Page 526-531]
 
                  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. 94.5  Regulation of certain garbage.

    (a) General restrictions--(1) Interstate movements of garbage from 
Hawaii and U.S. territories and possessions to the continental United 
States. Hawaii, Puerto Rico, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Federated States of Micronesia, Guam, the 
U.S. Virgin Islands, Republic of the Marshall Islands, and the Republic 
of Palau are hereby quarantined, and the movement of garbage therefrom 
to any other State is hereby prohibited except as provided in this 
section in order to prevent the introduction and spread of exotic plant 
pests and diseases.
    (2) Imports of garbage. In order to protect against the introduction 
of exotic animal and plant pests, the importation of garbage from all 
foreign countries except Canada is prohibited except as provided in 
paragraph (c)(2) of this section.
    (b) Definitions--Agricultural waste. Byproducts generated by the 
rearing of animals and the production and harvest of crops or trees. 
Animal waste, a large component of agricultural waste, includes waste 
(e.g., feed waste, bedding and litter, and feedlot and paddock runoff) 
from livestock, dairy, and other animal-related agricultural and farming 
practices.
    Approved facility. A facility approved by the Administrator, Animal 
and Plant Health Inspection Service, upon his determination that it has 
equipment and uses procedures that are adequate to prevent the 
dissemination of plant pests and livestock or poultry diseases, and that 
it is certified by an appropriate Government official as

[[Page 527]]

currently complying with the applicable laws for environmental 
protection.
    Approved sewage system. A sewage system approved by the 
Administrator, Animal and Plant Health Inspection Service, upon his 
determination that the system is designed and operated in such a way as 
to preclude the discharge of sewage effluents onto land surfaces or into 
lagoons or other stationary waters, and otherwise is adequate to prevent 
the dissemination of plant pests and livestock or poultry diseases, and 
that is certified by an appropriate Government official as currently 
complying with the applicable laws for environmental protection.
    Carrier. The principal operator of a means of conveyance.
    Continental United States. The 49 States located on the continent of 
North America and the District of Columbia.
    Garbage. All waste material that is derived in whole or in part from 
fruits, vegetables, meats, or other plant or animal (including poultry) 
material, and other refuse of any character whatsoever that has been 
associated with any such material.
    Incineration. To reduce garbage to ash by burning.
    Inspector. A properly identified employee of the U.S. Department of 
Agriculture or other person authorized by the Department to enforce the 
provisions of applicable statutes, quarantines, and regulations.
    Interstate. From one State into or through any other State.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company.
    Shelf-stable. The condition achieved in a product, by application of 
heat, alone or in combination with other ingredients and/or other 
treatments, of being rendered free of microorganisms capable of growing 
in the product under nonrefrigerated conditions (over 50 [deg]F or 10 
[deg]C).
    Sterilization. Cooking garbage at an internal temperature of 212 
[deg]F for 30 minutes.
    Stores. The food, supplies, and other provisions carried for the 
day-to-day operation of a conveyance and the care and feeding of its 
operators.
    Yard waste. Solid waste composed predominantly of grass clippings, 
leaves, twigs, branches, and other garden refuse.
    (c) Garbage generated onboard a conveyance--(1) Applicability. This 
section applies to garbage generated onboard any means of conveyance 
during international or interstate movements as provided in this section 
and includes food scraps, table refuse, galley refuse, food wrappers or 
packaging materials, and other waste material from stores, food 
preparation areas, passengers' or crews' quarters, dining rooms, or any 
other areas on the means of conveyance. This section also applies to 
meals and other food that were available for consumption by passengers 
and crew on an aircraft but were not consumed.
    (i) Not all garbage generated onboard a means of conveyance is 
regulated for the purposes of this section. Garbage regulated for the 
purposes of this section is defined as ``regulated garbage'' in 
paragraphs (c)(2) and (c)(3) of this section.
    (ii) Garbage that is commingled with regulated garbage is also 
regulated garbage.
    (2) Garbage regulated because of movements outside the United States 
or Canada. For purposes of this section, garbage on or removed from a 
means of conveyance is regulated garbage, if, when the garbage is on or 
removed from the means of conveyance, the means of conveyance has been 
in any port outside the United States and Canada within the previous 2-
year period. There are, however, two exceptions to this provision. These 
exceptions are as follows:
    (i) Exception 1: Aircraft. Garbage on or removed from an aircraft is 
exempt from requirements under paragraph (c)(4) of this section if the 
following conditions are met when the garbage is on or removed from the 
aircraft:
    (A) The aircraft had previously been cleared of all garbage and of 
all meats and meat products, whatever the country of origin, except 
meats that are shelf-stable; all fresh and condensed milk and cream from 
countries designated in Sec. 94.1 as those in which foot-and-mouth 
disease exists; all fresh fruits and vegetables; and all eggs; and the 
items previously cleared from the

[[Page 528]]

aircraft as prescribed by this paragraph have been disposed of according 
to the procedures for disposing of regulated garbage, as specified in 
paragraphs (c)(4)(ii) and (c)(4)(iii) of this section.
    (B) After the garbage and stores referred to in paragraph 
(c)(2)(i)(A) of this section were removed, the aircraft has not been in 
a non-Canadian foreign port.
    (ii) Exception 2: Other conveyances. Garbage on or removed in the 
United States from a means of conveyance other than an aircraft is 
exempt from requirements under paragraph (c)(4) of this section if the 
following conditions are met when the garbage is on or removed from the 
means of conveyance:
    (A) The means of conveyance is accompanied by a certificate from an 
inspector stating the following:
    (1) That the means of conveyance had previously been cleared of all 
garbage and of all meats and meat products, whatever the country of 
origin, except meats that are shelf-stable; all fresh and condensed milk 
and cream from countries designated in Sec. 94.1 as those in which 
foot-and-mouth disease exists; all fresh fruits and vegetables; and all 
eggs; and the items previously cleared from the means of conveyance as 
prescribed by this paragraph have been disposed of according to the 
procedures for disposing of regulated garbage, as specified in 
paragraphs (c)(4)(ii) and (c)(4)(iii) of this section.
    (2) That the means of conveyance had then been cleaned and 
disinfected in the presence of the inspector; and
    (B) Since being cleaned and disinfected, the means of conveyance has 
not been in a non-Canadian foreign port.
    (3) Garbage regulated because of certain movements to or from 
Hawaii, territories, or possessions. For purposes of this section, 
garbage on or removed from a means of conveyance is regulated garbage, 
if at the time the garbage is on or removed from the means of 
conveyance, the means of conveyance has moved during the previous 1-year 
period, either directly or indirectly, to the continental United States 
from any territory or possession or from Hawaii, to any territory or 
possession from any other territory or possession or from Hawaii, or to 
Hawaii from any territory or possession. There are, however, two 
exceptions to this provision. These exceptions are as follows:
    (i) Exception 1: Aircraft. Garbage on or removed from an aircraft is 
exempt from requirements under paragraph (c)(4) of this section if the 
following two conditions are met when the garbage is on or removed from 
the aircraft:
    (A) The aircraft had been previously cleared of all garbage and all 
fresh fruits and vegetables, and the items previously cleared from the 
aircraft as prescribed by this paragraph have been disposed of according 
to the procedures for disposing of regulated garbage, as specified in 
paragraphs (c)(4)(ii) and (c)(4)(iii) of this section.
    (B) After the garbage and stores referred to in paragraph 
(c)(3)(i)(A) of this section were removed, the aircraft has not moved to 
the continental United States from any territory or possession or from 
Hawaii, to any territory or possession from any other territory or 
possession or from Hawaii, or to Hawaii from any territory or 
possession.
    (ii) Exception 2: Other conveyances. Garbage on or removed from a 
means of conveyance other than an aircraft is exempt from requirements 
under paragraph (c)(4) of this section if the following two conditions 
are met when the garbage is on or removed from the means of conveyance:
    (A) The means of conveyance is accompanied by a certificate from an 
inspector stating that the means of conveyance had been cleared of all 
garbage and all fresh fruits and vegetables, and the items previously 
cleared from the means of conveyance as prescribed by this paragraph 
have been disposed of according to the procedures for disposing of 
regulated garbage, as specified in paragraphs (c)(4)(ii) and (c)(4)(iii) 
of this section.
    (B) After being cleared of the garbage and stores referred to in 
paragraph (c)(3)(ii)(A) of this section, the means of conveyance has not 
moved to the continental United States from any territory or possession 
or from Hawaii; to any territory or possession from any other territory 
or possession or from Hawaii; or to Hawaii from any territory or 
possession.

[[Page 529]]

    (4) Restrictions on regulated garbage. (i) Regulated garbage may not 
be disposed of, placed on, or removed from a means of conveyance except 
in accordance with this section.
    (ii) Regulated garbage is subject to general surveillance for 
compliance with this section by inspectors and to disposal measures 
authorized by the Plant Protection Act and the Animal Health Protection 
Act to prevent the introduction and dissemination of pests and diseases 
of plants and livestock.
    (iii) All regulated garbage must be contained in tight, covered, 
leak-proof receptacles during storage on board a means of conveyance 
while in the territorial waters, or while otherwise within the territory 
of the United States. All such receptacles shall be contained inside the 
guard rail if on a watercraft. Such regulated garbage shall not be 
unloaded from such means of conveyance in the United States unless such 
regulated garbage is removed in tight, covered, leak-proof receptacles 
under the direction of an inspector to an approved facility for 
incineration, sterilization, or grinding into an approved sewage system, 
under direct supervision by such an inspector, or such regulated garbage 
is removed for other handling in such manner and under such supervision 
as may, upon request in specific cases, be approved by the Administrator 
as adequate to prevent the introduction and dissemination of plant pests 
and animal diseases and sufficient to ensure compliance with applicable 
laws for environmental protection. Provided that, a cruise ship may 
dispose of regulated garbage in landfills at Alaskan ports only, if and 
only if the cruise ship does not have prohibited or restricted meat or 
animal products on board at the time it enters Alaskan waters for the 
cruise season, and only if the cruise ship, except for incidental travel 
through international waters necessary to navigate safely between ports, 
remains in Canadian and U.S. waters off the west coast of North America, 
and calls only at continental U.S. and Canadian ports during the entire 
cruise season.
    (A) Application for approval of a facility or sewage system may be 
made in writing by the authorized representative of any carrier or by 
the official having jurisdiction over the port or place of arrival of 
the means of conveyance to the Administrator, Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250. The application must be endorsed by the operator of the facility 
or sewage system.
    (B) Approval will be granted if the Administrator determines that 
the requirements set forth in this section are met. Approval may be 
denied or withdrawn at any time, if the Administrator determines that 
such requirements are not met, after notice of the proposed denial or 
withdrawal of the approval and the reasons therefor, and an opportunity 
to demonstrate or achieve compliance with such requirements, has been 
afforded to the operator of the facility or sewage system and to the 
applicant for approval. However, approval may also be withdrawn without 
such prior procedure in any case in which the public health, interest, 
or safety requires immediate action, and in such case, the operator of 
the facility or sewage system and the applicant for approval shall 
promptly thereafter be given notice of the withdrawal and the reasons 
therefore and an opportunity to show cause why the approval should be 
reinstated.
    (iv) The Plant Protection and Quarantine Programs and Veterinary 
Services, Animal, and Plant Health Inspection Service, will cooperate 
with other Federal, State, and local agencies responsible for enforcing 
other statutes and regulations governing disposal of the regulated 
garbage to the end that such disposal shall be adequate to prevent the 
dissemination of plant pests and livestock or poultry diseases and 
comply with applicable laws for environmental protection. The 
inspectors, in maintaining surveillance over regulated garbage movements 
and disposal, shall coordinate their activities with the activities of 
representatives of the U.S. Environmental Protection Agency and other 
Federal, State, and local agencies also having jurisdiction over such 
regulated garbage.
    (d) Garbage generated in Hawaii--(1) Applicability. This section 
applies to garbage generated in households, commercial establishments, 
institutions,

[[Page 530]]

and businesses prior to interstate movement from Hawaii, and includes 
used paper, discarded cans and bottles, and food scraps. Such garbage 
includes, and is commonly known as, municipal solid waste.
    (i) Industrial process wastes, mining wastes, sewage sludge, 
incinerator ash, or other wastes from Hawaii that the Administrator 
determines do not pose risks of introducing animal or plant pests or 
diseases into the continental United States are not regulated under this 
section.
    (ii) The interstate movement from Hawaii to the continental United 
States of agricultural wastes and yard waste (other than incidental 
amounts (less than 3 percent) that may be present in municipal solid 
waste despite reasonable efforts to maintain source separation) is 
prohibited.
    (iii) Garbage generated onboard any means of conveyance during 
interstate movement from Hawaii is regulated under paragraph (c) of this 
section.
    (2) Restrictions on interstate movement of garbage. The interstate 
movement of garbage generated in Hawaii to the continental United States 
is regulated as provided in this section.
    (i) The garbage must be processed, packaged, safeguarded, and 
disposed of using a methodology that the Administrator has determined is 
adequate to prevent the introduction and dissemination of plant pests 
into noninfested areas of the United States.
    (ii) The garbage must be moved under a compliance agreement in 
accordance with paragraph (e) of this section. APHIS will only enter 
into a compliance agreement when the Administrator is satisfied that the 
Agency has first satisfied all its obligations under the National 
Environmental Policy Act and all applicable Federal and State statutes 
to fully assess the impacts associated with the movement of garbage 
under the compliance agreement.
    (iii) All such garbage moved interstate from Hawaii to any of the 
continental United States must be moved in compliance with all 
applicable laws for environmental protection.
    (e) Compliance agreement and cancellation--(1) Any person engaged in 
the business of handling or disposing of garbage in accordance with this 
section must first enter into a compliance agreement with the Animal and 
Plant Health Inspection Service (APHIS). Compliance agreement forms (PPQ 
Form 519) are available without charge from local USDA/APHIS/Plant 
Protection and Quarantine offices, which are listed in telephone 
directories.
    (2) A person who enters into a compliance agreement, and employees 
or agents of that person, must comply with the following conditions and 
any supplemental conditions which are listed in the compliance 
agreement, as deemed by the Administrator to be necessary to prevent the 
introduction and dissemination into or within the United States of plant 
pests and livestock or poultry diseases:
    (i) Comply with all applicable provisions of this section;
    (ii) Allow inspectors access to all records maintained by the person 
regarding handling or disposal of garbage, and to all areas where 
handling or disposal of garbage occurs;
    (iii)(A) If the garbage is regulated under paragraph (c) of this 
section, remove garbage from a means of conveyance only in tight, 
covered, leak-proof receptacles;
    (B) If the garbage is regulated under paragraph (d) of this section, 
transport garbage interstate in sealed, leak-proof packaging approved by 
the Administrator;
    (iv) Move the garbage only to a facility approved by the 
Administrator; and
    (v) At the approved facility, dispose of the garbage in a manner 
approved by the Administrator and described in the compliance agreement.
    (3) Approval for a compliance agreement may be denied at any time if 
the Administrator determines that the applicant has not met or is unable 
to meet the requirements set forth in this section. Prior to denying any 
application for a compliance agreement, APHIS will provide notice to the 
applicant thereof, and will provide the applicant with an opportunity to 
demonstrate or achieve compliance with requirements.
    (4) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has

[[Page 531]]

failed to comply with this section. If the cancellation is oral, the 
cancellation and the reasons for the cancellation will be confirmed in 
writing as promptly as circumstances allow. Any person whose compliance 
agreement has been canceled may appeal the decision, in writing, within 
10 days after receiving written notification of the cancellation. The 
appeal must state all of the facts and reasons upon which the person 
relies to show that the compliance agreement was wrongfully canceled. As 
promptly as circumstances allow, the Administrator will grant or deny 
the appeal, in writing, stating the reasons for the decision. A hearing 
will be held to resolve any conflict as to any material fact. Rules of 
practice concerning a hearing will be adopted by the Administrator. This 
administrative remedy must be exhausted before a person can file suit in 
court challenging the cancellation of a compliance agreement.
    (5) Where a compliance agreement is denied or canceled, the person 
who entered into or applied for the compliance agreement may be 
prohibited, at the discretion of the Administrator, from handling or 
disposing of regulated garbage.

(Approved by the Office of Management and Budget under control numbers 
0579-0015, 0579-0054, and 0579-0292)

[71 FR 49317, Aug. 23, 2006]