[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: 9CFR98.15]

[Page 600-601]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 98_IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN
--Table of Contents
 
 Subpart B_Ruminant and Swine Embryos From Regions Where Rinderpest or 
                      Foot-and-Mouth Disease Exists
 
Sec. 98.15  Health requirements.

    Ruminant and swine embryos may be imported from a region where 
rinderpest or foot-and-mouth disease exists only if all of the following 
conditions are met:
    (a) The donor dam is determined to be free of communicable diseases 
based on tests, and examinations, and other requirements, as follows:
    (1) During the year before embryo collection, no case of the 
following diseases occurred in the embryo collection unit or in any herd 
in which the donor dam was present:
    (i) Ruminant: Bovine spongiform encephalopathy, contagious bovine 
pleuropneumonia, foot-and-mouth disease, Rift Valley fever, rinderpest, 
or vesicular stomatitis; or
    (ii) Swine: African swine fever, foot-and-mouth disease, classical 
swine fever, pseudorabies, rinderpest, swine vesicular disease, or 
vesicular stomatitis.
    (2) During the year before embryo collection, no case of the 
following diseases occurred within 5 kilometers of the embryo collection 
unit or in any herd in which the donor dam was present:
    (i) Ruminant: Bovine spongiform encephalopathy, contagious bovine 
pleuropneumonia, foot-and-mouth disease, Rift Valley fever, rinderpest, 
or vesicular stomatitis; or
    (ii) Swine: African swine fever, foot-and-mouth disease, classical 
swine fever, pseudorabies, rinderpest, swine vesicular disease, or 
vesicular stomatitis.
    (3) During the 60 days before embryo collection, the donor dam did 
not receive a vaccination for either rinderpest or foot-and-mouth 
disease.
    (4) During the 60 days before the donor dam was required to be in 
the embryo collection unit, in accordance with Sec. 98.17(a) of this 
subpart, the donor dam remained in the same herd, and no ruminants or 
swine were added to that herd.
    (5)(i) On the day of embryo collection, and again not less than 30 
days nor more than 120 days afterward, one sample of at least 10 ml of 
serum was collected from the donor dam, frozen, and sent to the Foreign 
Animal Disease Diagnostic Laboratory for testing.
    (ii) The donor dam was determined to be free of foot-and-mouth 
disease based upon tests of the pair of serum samples. In addition, if 
any of the following diseases exist in the region of origin, the donor 
dam was determined to be free of these diseases based upon additional 
tests of the serum samples:
    (A) Ruminant: Contagious bovine pleuropneumonia, Rift Valley fever, 
rinderpest, or vesicular stomatitis; or
    (B) Swine: African swine fever, classical swine fever, pseudorabies, 
rinderpest, swine vesicular disease, or vesicular stomatitis.
    (iii) If the donor dam was in any herd during the year before embryo 
collection that was not certified free of brucellosis by the national 
government of the region of origin, the donor dam was determined to be 
free of brucellosis based on tests of the serum samples.
    (iv) The only official test results will be those provided by the 
Foreign Animal Disease Diagnostic Laboratory.
    (6) If the donor dam was in any herd during the year before embryo 
collection that was not certified free of tuberculosis by the national 
government of the region of origin, the donor dam was determined to be 
free of tuberculosis by an official veterinarian based on an intradermal 
tuberculin test. The test must have been administered to the donor dam 
by an official veterinarian not less than 30 days nor more than 120 days 
after embryo collection, and not less than 60 days after any previously 
administered intradermal test for tuberculosis.
    (7)(i) Not less than 30 days nor more than 120 days after embryo 
collection, the donor dam was examined by an official veterinarian and 
found free of clinical evidence of the following diseases:
    (A) Ruminant: Bovine spongiform encephalopathy, brucellosis, 
contagious bovine pleuropneumonia, foot-and-mouth disease, Rift Valley 
fever, rinderpest, tuberculosis, and vesicular stomatitis; or
    (B) Swine: African swine fever, brucellosis, foot-and-mouth disease, 
classical swine fever, pseudorabies, rinderpest, swine vesicular 
disease, tuberculosis, and vesicular stomatitis.
    (ii) All signs of any other communicable disease must be listed on 
the

[[Page 601]]

health certificate that accompanies the embryos to the United States.
    (8)(i) Between the time the embryos were collected and all 
examinations and tests required by this subpart were completed, no 
animals in the embryo collection unit with the donor dam, or in the 
donor dam's herd of origin, exhibited any clinical evidence of:
    (A) Ruminant: Bovine spongiform encephalopathy, brucellosis, 
contagious bovine pleuropneumonia, foot-and-mouth disease, Rift Valley 
fever, rinderpest, tuberculosis, and vesicular stomatitis; or
    (B) Swine: African swine fever, brucellosis, foot-and-mouth disease, 
classical swine fever, pseudorabies, rinderpest, swine vesicular 
disease, tuberculosis, and vesicular stomatitis.
    (ii) All signs of any other communicable disease must be listed on 
the health certificate that accompanies the embryos to the United 
States.
    (b) The donor dam or donor sire is determined to be free of 
communicable diseases based on other testing or certifications if 
required by the Administrator. The Administrator may require additional 
testing or certifications if he or she determines that they are 
necessary to determine either the donor dam's or the donor sire's 
freedom from communicable diseases. Circumstances that may result in 
additional testing or certifications include, but are not limited to:
    (1) The existence of communicable diseases of livestock, other than 
those diseases specifically listed, in the region of origin;
    (2) A high prevalence or an increase in the incidence of a 
communicable disease in the region of origin;
    (3) The use of natural breeding, rather than artificial insemination 
to conceive the embryos;
    (4) The use of fresh, rather than frozen semen, for artificial 
insemination; and
    (5) The use of semen collected at a site other than an artificial 
insemination center approved by the national government of the region of 
origin.
    (c) Embryos produced by any donor dam or sire that dies before being 
examined and tested as required under this subpart will not be eligible 
for importation into the United States.

[56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15183, Apr. 5, 1996; 62 
FR 56025, Oct. 28, 1997; 68 FR 16940, Apr. 7, 2003]