enclosure. When wooden troughs are used an adequate supply of buckets shall be provided for the proper watering of the animals.

(b) Sheep, goats, and swine. Pens for these animals shall have feed troughs not less than 8 inches wide and proper receptacles for watering. Pens for sheep and goats should also have ample hay racks suitable for these animals.

§ 91.30 Defective fittings.

If previously used fittings are employed, any portion thereof found by the inspector to be worn, decayed, unsound, or otherwise defective shall be replaced.

§ 91.31 Cleaning and disinfecting vessels, fittings, utensils, and equip

92.26 Poultry from Canada.

COUNTRIES OF CENTRAL AMERICA AND WEST

INDIES

92.27 Import permit and declaration for animals and animal semen.

92.28 Ruminants from Central America and the West Indies.

92.29 92.30

[Reserved]

Horses from Central America and the West Indies.

MEXICO

92.31 Import permits and applications for inspection for animals and animal semen.

92.32 Declaration for animals and animal semen.

92.33 Inspection at port of entry. 92.34 Detention at port of entry and periods of quarantine.

92.35 Cattle from Mexico.

92.36 Sheep and goats and wild ruminants from Mexico.

92.37

[Reserved]

92.38 Poultry from Mexico.

92.39 Horses from Mexico.

92.40 Animals for immediate slaughter.

AUTHORITY: The provisions of this Part 92 issued under secs. 6, 7, 8, 10, 26 Stat. 416, as amended, 417, sec. 2, 32 Stat. 792, as amended, sec. 306, 46 Stat. 689, as amended, secs. 2, 3, 4, 11, 76 Stat. 129, 130, 132; 19 U.S.C. 1306, 21 U.S.C. 102–105, 111, 134a, 134b, 134c, 1341.

SOURCE: The provisions of this Part 92 appear at 28 F.R. 5971, June 13, 1963; 36 F.R. 24928, Dec. 24, 1971, unless otherwise noted.

Whenever in this part of the following terms are used unless the context otherwise requires, they shall be construed, respectively, to mean:

(a) Department. The United States Department of Agriculture.

(b) Veterinary Services. The Veterinary Services unit of the Department.

(c) Deputy Administrator, Veterinary Services. The Deputy Administrator, Veterinary Services, or any official in the Veterinary Services unit of the Animal and Plant Health Inspection Service of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

(d) Inspector. An inspector of the Veterinary Services.

(e) Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry.

(f) Cattle. Animals of the bovine species.

(g) Ruminants. All animals which chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.

(h) Swine. The domestic hog and all varieties of wild hogs.

(i) Horses. Horses, asses, mules, and zebras.

(j) (1) Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves, pheasants, grouse, partridges, quail, guinea fowl, and pea fowl, of all ages, including eggs for hatching.

(2) Birds. All members of the class aves (including eggs for hatching) other than poultry.

(k) Accredited areas. Areas in Canada in which the percentage of cattle infected with tuberculosis is officially declared by the Canadian Government to be less than one-half of 1 percent.

(1) Restricted areas. Areas in Canada that are in process of becoming accredited as defined in paragraph (k) of this section.

(m) Recognized slaughtering center. Any point where slaughtering operations are regularly carried on and where Federal, State, or local inspection approved by Veterinary Services, is maintained.

(n) Immediate slaughter. Consignment from the port of entry to some recognized slaughtering center and slaughter thereat within 2 weeks from the date of entry.

(0) Communicable disease. Any contagious, infectious, or communicable disease of domestic livestock, poultry or other animals.

(p) Fever tick. Boophilus annulatus, including, but not limited to, the varieties Americana and Australia.

(q) Permitted dip. A dip permitted by the Division to be used in the official dipping of cattle and horses for fever ticks and for dipping cattle and sheep for scabies.

(r) Brucellosis-certified areas. Areas in Canada in which the percentage of cattle affected with brucellosis has been officially determined by the Canadian Government not to exceed one percent and the percentage of herds in which brucellosis is present has been similarly determined not to exceed five percent.

(s) Western provinces of Canada. Manitoba, Saskatchewan, Alberta and British Columbia.

[28 F.R. 5971, June 13, 1963, as amended at 37 F.R. 9019, May 4, 1972; 37 F.R. 17465, Aug. 29, 1972]

§ 92.2 General prohibitions; exceptions.

(a) No animal or product subject to the provisions of this part shall be brought into the United States except in accordance with the regulations in this part and Part 94 of this subchapter; 1 nor shall any such animal or product be handled or moved after physical entry into the United States before final release from quarantine or any other form of governmental detention except in compliance with such regulations: Provided, That the Deputy Administrator may upon request in specific cases permit animals or products to be brought into or through the United States, under such conditions as he may prescribe, when he determines in the specific case that such action will not endanger the livestock or poultry of the United States.

(b) In order to protect the poultry industry of the United States from exotic Newcastle disease and other communicable diseases of poultry, the importation of birds into the United States is prohibited, except as provided in paragraph (c) or (d) of this section.

(c) A lot consisting of no more than two pet birds, which are not known to be affected with or exposed to any communicable disease of poultry, which are

1 Importations of certain animals from various countries are absolutely prohibited under Part 94 because of specified diseases.

caged (prior to release from port of entry) and which are personal pets, may be imported by the owner thereof at any port of entry designated in § 92.3 or at a military base designated in specific cases by the Deputy Administrator, Veterinary Services: Provided, That such birds are found upon port of entry veterinary inspection under § 92.3 to be free of poultry diseases; the owner importing such birds signs and furnishes to the Deputy Administrator, Veterinary Services, (1) a notarized declaration under oath or affirmation stating that the bird or birds have been in his possession for a minimum of 90 days preceding importation and that during such time such birds have not been in contact with poultry or other birds (for example, association with other avian species at exhibitions or in aviaries), and (2) an agreement on a form obtainable from a Federal inspector at the port of entry stating (i) that the birds will be maintained in confinement in his personal possession separate and apart from all poultry and other birds for a minimum period of 30 days following importation, at a place approved by the Deputy Administrator and will be made available for health inspection and testing by Department inspectors upon request until released at the end of such period by such an inspector, and (ii) that appropriate Federal officials in the State of destination 2 will be immediately notified if any signs of disease are noted in any of the birds or any of the birds die during that period; and such person complies with the terms of such agreement: And provided further, That the Deputy Administrator, Veterinary Services, may upon request in specific cases permit the importation in accordance with the conditions prescribed in this paragraph of more than two such birds that are personal pets when he determines in the specific case that such importation will not involve a risk of introduction or spread of any communicable disease of poultry.

(d) The provisions in this Part 92 shall not apply to healthy birds not known to be infected with or exposed within the 90 days preceding their arrival in the United States to communicable diseases of poultry and which are maintained under continuous confine

2 Owners will be provided a copy of the agreement containing the name and address of the appropriate Federal officials in the State of destination.

ment aboard an ocean vessel or aircraft while in U.S. territory: Provided, That the captain of the vessel or aircraft, if it enters any port of the United States, executes and furnishes to the collector of customs at the port a declaration stating that the birds will be retained aboard such means of conveyance under the conditions required by this paragraph: And provided further, That Department inspectors may inspect birds on board such means of conveyance as provided in section 5 of the Act of July 2, 1962 (21 U.S.C. 134d), to ascertain whether such conditions are met, and dispose of such birds in accordance with section 2 of the Act of July 2, 1962 (21 U.S.C. 134a), if the conditions are not met.

[37 F.R. 17465-17466, Aug. 29, 1972, as amended at 37 F.R. 21149, Oct. 6, 1972]

§ 92.2a Inspection of certain aircraft and other means of conveyance and shipping containers thereon; unloading, cleaning, and disinfection requirements.

(a) Inspection: All aircraft and other means of conveyance (including shipping containers thereon) moving into the United States from any foreign country are subject to inspection without a warrant by properly identified and designated inspectors of the Division to determine whether they are carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Secretary of Agriculture for prevention of the introduction or dissemination of any communicable animal disease. (21 U.S.C. 134d)

(b) Unloading requirements: Whenever in the course of any such inspection at any port in the United States the inspector has reason to believe that the means of conveyance or container is contaminated with material of animal (including poultry) origin, such as, but not limited to, meat, organs, glands, extracts, secretions, fat, bones, blood, lymph, urine,. or manure, so as to present a danger of the spread of any communicable animal disease, the inspector may require the unloading of the means of conveyance and the emptying of the container if he deems it necessary to enable him to determine whether the means of conveyance or container is in fact so contaminated. The principal operator of the means of conveyance and his agent in charge of the means of conveyance shall comply with any such requirement un

der the immediate supervision of, and in the time and manner prescribed by, the inspector.

(c) Cleaning and disinfection: Whenever, upon inspection under this section, an inspector determines that a means of conveyance or shipping container is contaminated with material of animal origin so as to present a danger of the spread of any communicable animal disease, he shall notify the principal operator of the means of conveyance or his agent in charge, of such determination and the requirements under this section. The person so notified shall cause the cleaning and disinfection of such means of conveyance and container under the immediate supervision of, and in the time and manner prescribed by, the inspector.

(d) For purposes of this section, the term "shipping container" means any container of a type specially adapted for use in transporting any article on the means of conveyance involved. [32 F.R. 15707, Nov. 15, 1967]

§ 92.3

Ports designated for the importation of animals.

(a) Ocean ports. The following ports are hereby designated as quarantine stations and all animals shall be entered through said stations, except as provided in paragraphs (b), (c), and (d) of this section and paragraph (d) of § 92.11, viz: Portland, Maine; Boston, Mass.; New York, N.Y.; Baltimore, Md.; Jacksonville, Miami, and Tampa, Fla.; San Juan, P.R.; New Orleans, La.; Galveston, Tex.; San Diego, Los Angeles, and San Francisco, Calif.; Portland, Oreg.; Tacoma and Seattle, Wash.; and Honolulu, Hawaii.

(b) Canadian border ports. The following ports in addition to those specified in paragraph (a) of this section are designated as quarantine stations for the entry of animals from Canada: Eastport, Calais, Vanceboro, Houlton, Monticello, Bridgewater, Fort Fairfield, Limestone, Van Buren, Madawaska, Fort Kent, Jackman and Holeb, Maine; Beecher Falls (Canaan), Island Pond, Derby Line, North Troy, Newport, Richford, St. Albans, Highgate Springs, and Alburg, Vermont; Rouses Point, Mooers Junction, Chateaugay, Malone, Fort Covington, Hogansburg, Rooseveltown, Waddington, Ogdensburg, Morristown, Alexandria Bay, Charlotte, Niagara Falls, and Buffalo, New York; Detroit, Port

Huron, and Sault Ste. Marie, Michigan; Noyes, Minnesota; Pembina and Portal, North Dakota; Sweetgrass, Montana; Eastport and Porthill, Idaho; Spokane, Laurier, Oroville, Nighthawk, Sumas, Blaine, and Lynden, Washington; and Juneau and Skagway, Alaska.

(c) Mexican border ports. The following ports in addition to those specified in paragraph (a) of this section are designated as quarantine stations for the entry of animals from Mexico: Brownsville, Hidalgo, Rio Grande City, Roma, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso, Tex.; Douglas, Naco, Nogales, and San Luis, Arizona; and Calexico and San Ysidro, Calif.

(d) Special ports. Charlotte Amalie, St. Thomas, and Christiansted, St. Croix, in the United States Virgin Islands, are hereby designated as quarantine stations for the entry of ruminants and swine from the British Virgin Islands into the United States Virgin Islands for immediate slaughter.

(e) Designation of other ports. The Secretary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be designated as quarantine stations under this section by the Deputy Administrator, Veterinary Services with the concurrence of the Secretary of the Treasury. [28 F.R. 5971, June 13, 1963, as amended at 34 F.R. 5903, Mar. 29, 1969; 36 F.R. 20287, Oct. 20, 1971; 37 F.R. 5484, Mar. 16, 1972; 37 F.R. 17465, Aug. 29, 1972]

§ 92.4 Import permits for ruminants, swine, and poultry and for animal

semen.

(a) Application for permit. (1) For ruminants, swine, poultry, and animal semen intended for importation from any part of the world, except as otherwise provided in §§ 92.19, 92.27, and 92.31, the importer shall first apply for and obtain from Veterinary Services an import permit. The application shall specify the name and address of the importer, the species, breed, number or quantity, purpose of importation, the country of origin, the port of embarkation in the foreign country, the mode of transportation, route of travel, the port of entry in the United States, and the proposed date of arrival of the animals or animal semen to be imported, and the name of the person to whom the animals or animal semen will be delivered and

the location of the place in the United States to which delivery will be made from the port of entry. Additional information may be required in the form of certificates concerning specific diseases to which the animals are susceptible, as well as vaccinations or other precautionary treatments to which the animals or animal semen have been subjected. Notice of any such requirement will be given to the applicant in each case.

(2) An application for permit to import will be denied for domestic ruminants or swine, or semen from ruminants or swine, from any country where it has been declared, under section 306 of the Act of June 17, 1930, that footand-mouth disease or rinderpest has been determined to exist, except as provided in paragraph (d) of this section.

(3) An application for permit to import ruminants, swine, poultry, or animal semen may also be denied because of: Communicable disease conditions in the area or country of origin, or in a country where the shipment has been or will be held or through which the shipment has been or will be transported; deficiencies in the regulatory programs for the control or eradication of animal diseases and the unavailability of veterinary services in the above mentioned countries; the importer's failure to provide satisfactory evidence concerning the origin, history, and health status of the animals or animal semen; the lack of satisfactory information necessary to determine that the importation will not be likely to transmit any communicable disease to livestock or poultry of the United States; or any other circumstances which the Deputy Administrator believes require such denial to prevent the dissemination of any communicable disease of livestock or poultry into the United States.

(b) Permit. When a permit is issued, the original and two copies will be sent to the importer. It shall be the responsibility of the importer to forward the original permit and one copy to the shipper in the country of origin, and it shall also be the responsibility of the importer to insure that the shipper presents the copy of the permit to the carrier and makes proper arrangements for the original permit to accompany the shipment to the specified U.S. port of entry for presentation to the collector of customs. Animals and animal semen for which a permit has been issued will

be received at the specified port of entry within the 14-day period prescribed in the permit, after which time the permit shall be void. Ruminants, swine, poultry, and animal semen for which a permit is required by these regulations will not be eligible for entry if a permit has not been issued; if unaccompanied by such a permit; if shipment is from any port other than the one designated in the permit; if arrival in the United States is at any port other than the one designated in the permit; if the animals (including poultry) or semen offered for entry differ from those described in the permit; if the animals or semen are not handled as outlined in the application for the permit and as specified in the permit issued; or in the case of ruminants and swine, if ruminants or swine other than those covered by import permits are aboard the transporting carrier.

(c) Wild ruminants and wild swine from countries where foot-and-mouth disease or rinderpest exists. (1) Wild ruminants and wild swine originating in the countries designated in Part 94 of this subchapter as countries in which foot-and-mouth disease or rinderpest exists may be carriers of such diseases even though the animals do not show clinical evidence of the diseases. In view of these circumstances and in order to prevent the introduction and dissemination of foot-and-mouth disease or rinderpest and protect the livestock of the United States, permits for the importation of wild ruminants, such as, but not limited to, giraffes, deer and antelopes, and of wild swine, will be issued only if such animals are intended for exhibition purposes in a zoological park previously approved by the Deputy Administrator, Veterinary Services in accordance with the standards specified in subparagraph (2) of this paragraph and if the operator of such approved zoological park and the importer, if such operator and importer are different parties, have entered into the agreement set forth in subparagraph (3) of this paragraph with Veterinary Services for the maintenance and handling of such wild ruminants and wild swine in the manner specified in the agreement to prevent the introduction and dissemination of communicable disease. For purposes of this paragraph "zoological park" means a zoo, park or other place maintained for the exhibition of live animals for recreational or educational purposes.