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Pending exportation, it shall be detained at the owner's expense in the custody of the U.S. Customs Service at the U.S. port. (Approved by the Office of Management and Budget under control number 0920_0134)

the turtles following their importation, the precautions to be undertaken to prevent infection of members of the public with Salmonella and Arizona bacteria, and any other information and assurances the Director may require.

(e) Criteria for issuance of permits. A permit may be issued upon a determination that the holder of the permit will isolate or otherwise confine the turtles and will take such other precautions as may be determined by the Director to be necessary to prevent infection of members of the public with Salmonella and Arizona bacteria and on condition that the holder of the permit will provide such reports as the Director may require.

(f) Interstate Regulations. Upon admission at a U.S. Port, turtles and viable turtle eggs become subject to Food and Drug Administration Regulations (21 CFR 1240.62) regarding general prohibition.

(g) Other permits. Permits to import certain species of turtles may be required under other Federal regulations (50 CFR parts 17 and 23) protecting such species. (Approved by the Office of Management and Budget under control number 0920-0134)

871.52 Turtles, tortoises, and terra

pins. (a) Definitions. As used in this section the term:

Turtles includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (Families Dermochelidae and Cheloniidae).

(b) Importation; general prohibition. Except as otherwise provided in this section, live turtles with a carapace length of less than 4 inches and viable turtle eggs may not be imported into the United States.

(c) Exceptions. (1) Live turtles with a carapace length of less than 4 inches and viable turtle eggs may be imported into the United States, provided that such importation is not in connection with a business, and the importation is limited to lots of fewer than seven live turtles or fewer than seven viable turtle eggs, or any combinations of such turtles and turtle eggs totaling fewer than seven, for any entry.

(2) Seven or more live turtles with a carapace length of less than 4 inches, or seven or more viable turtle eggs or any combination of turtles and turtle eggs totaling seven or more, may be imported into the United States for bona fide scientific or educational purposes or for exhibition when accompanied by a permit issued by the Director.

(3) The requirements in paragraphs (c)(1) and (c)(2) of this section shall not apply to the eggs of marine turtles excluded from these regulations under $71.52(a).

(d) Application for permits. Applications for permits to import turtles, as set forth in paragraph (C)(2) of this section, shall be made by letter to the Director, and shall contain, identify, or describe, the name and address of the applicant, the number of specimens, and the common and scientific names of each species to be imported, the holding facilities, the intended use of

$71.53 Nonhuman primates.

(a) Definitions.
As used in this section the term:

Importer means any person or corporation, partnership, or other organization, receiving live nonhuman primates from a foreign country within a period of 31 days, beginning with the importation date, whether or not the primates were held for part of the period at another location. The term importer includes the original importer and any other person or organization receiving imported primates within the 31-day period.

Nonhuman primates means all nonhuman members of the Order Primates, including, but not limited to, animals commonly known as monkeys, chimpanzees, orangutans, gorillas, gibbons, apes, baboons, marmosets, tamarin, lemurs, and lorises.

(b) General prohibition. No person or organization may import live nonhuman primates into the United States unless registered as an importer

a

in accordance with applicable provisions of this section.

(c) Uses for which nonhuman primates may be imported and distributed. Live nonhuman primates may be imported into the United States and sold, resold, or otherwise distributed only for bona fide scientific, educational, or exhibition purposes. The importation of nonhuman primates for use in breeding colonies is also permitted provided that all offspring will be used only for scientific, educational, or exhibition purposes.

The maintenance of nonhuman primates as pets, hobby, or an avocation with occasional display to the general public is not a permissible use.

(d) Registration of importers. (1) Importers of nonhuman primates shall register with the Director in a manner prescribed by the Director.

(2) Documentary evidence that an importer will use all nonhuman primates solely for the permitted purposes is required.

(3) Registration shall inlcude certification that the nonhuman primates will not be shipped, sold, or otherwise transferred to other persons or organizations without adequate proof that the primates will be used only for the permitted purposes.

(4) Registration shall be for 2 years, effective the date the application for registration is approved by the Director.

(5) Registration may be renewed by filing a registration application form with the Director not less than 30 days nor more than 60 days before expiration of the current registration.

(e) Recordkeeping and reporting requirement for registered importers. (1) Importers shall maintain records on each shipment of imported nonhuman primates received. The record on each shipment shall include the number of primates received, species, country of origin, date of importation, the number of primates in the shipment that die within 90 days after receipt, and cause(s) of deaths. If any primates in the shipment are sold or otherwise distributed within 90 days after receipt, the record shall include the number of primates in each shipment or sale, the dates of each shipment or sale, and the identity of the recipients. In addition,

the record shall contain copies of documents that were presented to the importer to establish that the recipient would use the primates solely for the permitted purposes. The records shall be maintained in an organized manner in a central location at or in close proximity to the importer's primate holding facility. The records shall be maintained for a period of 3 years and shall be available for inspection by the Director at any time.

(2) Importers shall report to the Director by telephone within 24 hours the occurrence of any illness in nonhuman primates that is suspected of being yellow fever, monkeypox, or Marburg/ Ebola disease.

(3) Importers also shall report to the Director by telephone within 24 hours the occurrence of illness in any member of their staff suspected of having an infectious disease acquired from nonhuman primates.

(f) Disease control measures. Upon receipt of evidence of exposure of nonhuman primates to

communicable disease that may constitute a threat to public health, the Director may provide for or require examination, treatment, detention, isolation, seizure, or destruction of exposed animals. Any measures required shall be at the owner's expense.

(g) Disposal of excluded nonhuman primates. Nonhuman primate(s) excluded from the United States by provisions of this section shall, at the owner's option and expense, be exported, destroyed, or given to a scientific, educational, or exhibition facility under arrangements approved by the Director. If the owner fails to dispose of the nonhuman primate by one of the approved options or fails to select a method of disposal within 7 days, the Director will select the method of disposal. Pending disposal, the nonhuman primate(s) shall be detained at the owner's expense in custody of the U.S. Customs Service at the U.S. port.

(h) Revocation of an importer's registration. (1) An importer's registration may be revoked by the Director, upon notice to the importer holding such registration, if the Director determines that the importer has failed to comply with any applicable provisions of this section. The notice shall contain a

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statement of the grounds upon which the revocation is based.

(2) The importer may file an answer within 20 days after receipt of the notice. Answers shall admit or deny specifically, and in detail, each allegation in the notice. Allegations in the notice not denied by answer shall be deemed admitted. Matters alleged as affirmative defenses shall be separately stated and numbered. Failure of the importer to file an answer within 20 days after receipt of the notice may be deemed an admission of all allegations of fact recited in the notice.

(3) The importer shall be entitled to a hearing with respect to the revocation upon filing a written request, either in the answer or in a separate document, with the Director within 20 days after the effective date of revocation. Failure to request a hearing shall be deemed a waiver of hearing and as consent to the submission of the case to the Director for decision based on the written record. The failure both to file an answer and to request a hearing shall be deemed to constitute consent to the making of a decision on the basis of available information.

(4) As soon as practicable after the completion of any hearing conducted pursuant to the provisions of this section, the Director shall render a final decision. A copy of such decision shall be served on the importer.

(5) An importer's registration which has been revoked may be reinstated by the Director upon inspection, examination of records, conference with the importer, and receipt of information and assurances of compliance with the requirements of this section.

(i) Other permits. In addition to the requirements under this section, permits to import certain species of nonhuman primates may also be required under other Federal regulations (50 CFR parts 17 and 23) protecting such species. (Approved by the Office of Management and Budget under control number 0920-0134)

Sec. 72.1 Definitions. 72.2 Transportation of diagnostic speci

mens, biological products, and other materials; minimum packaging require

ments. 72.3 Transportation of materials containing

certain etiologic agents; minimum pack

aging requirements. 72.4 Notice of delivery; failure to receive. 72.5 Requirements; variations. 72.6 Additional requirements for facilities

transferring or receiving select agents. 72.7 Penalties. APPENDIX A TO PART 72-SELECT AGENTS

AUTHORITY: 42 U.S.C. 264, 271; 31 U.S.C. 9701; 18 U.S.C. 3559, 3571; 42 U.S.C. 262 note.

SOURCE: 45 FR 48627, July 21, 1980, unless otherwise noted.

$72.1 Definitions.

As used in this part:

Biological product means a biological product prepared and manufactured in accordance with the provisions of 9 CFR parts 102-104 and 21 CFR parts 312 and 600-680 and which, in accordance

$71.54 Etiological agents, hosts, and

vectors. (a) A person may not import into the United States, nor distribute after importation, any etiological agent or any arthropod or other animal host or vec

1 The requirements of this part are in addition to and not in lieu of any other packaging or other requirements for the transportation of etiologic agents in interstate traffic prescribed by the Department of Transportation and other agencies of the Federal Government.

BACTERIAL AGENTS

with such provisions, may be shipped in interstate traffic.

Diagnostic specimen means any human or animal material including, but not limited to, excreta, secreta, blood and its components, tissue, and tissue fluids being shipped for purposes of diagnosis.

Etiologic agent means a viable microorganism or its toxin which causes, or may cause, human disease.

Interstate traffic means the movement of any conveyance or the transportation of persons or property, including any portion of such movement or transportation which is entirely within a State or possession, (a) from a point of origin in any State or possession to a point of destination in any other State or possession, or (b) between a point of origin and a point of destination in the same State or possession but through any other State, possession, or contiguous foreign country. $72.2 Transportation of diagnostic

specimens, biological products, and other materials; minimum pack

aging requirements. No person may knowingly transport or cause to be transported in interstate traffic, directly or indirectly, any material including, but not limited to, diagnostic specimens and biological products which such person reasonably believes may contain etiologic agent unless such material is packaged to

withstand leakage of contents, shocks, pressure changes, and other conditions incident to ordinary handling in transportation.

Acinetobacter calcoaceticus.
Actinobacillus- all species.
Actinomycetaceae- all members.
Aeromonas hydrophila.
Arachnia propionica.
Arizona hinshawii- all serotypes.
Bacillus anthracis.
Bacteroides spp.
Bartonella- all species.
Bordetella- all species.
Borrelia recurrentis, B. vincenti.
Brucella- all species.
Campylobacter (Vibrio) foetus, C. (Vibrio)

jejuni.
Chlamydia psittaci, C. trachomatis.
Clostridium botulinum,

CI.

chauvoei, Ci. haemolyticum, Ci. histolyticum,ci. novyi, Cl.

septicum, Cl. tetani. Corynebacterium diphtheriae, C. equi, C.

haemolyticum, C. pseudotuberculosis, C.

pyogenes, C. renale. Edwarsiella tarda. Erysipelothrix insidiosa. Escherichia coli, all enteropathogenic

serotypes. Francisella (Pasteurella) Tularensis. Haemophilus ducreyi, H. infuenzae. Klebsiella- all species and all serotypes. Legionella- all species and all Legionella

like organisms. Leptospira interrogans- all serovars. Listeria- all species. Mimae polymorpha. Morarella- all species. Mycobacterium- all species. Mycoplasma- all species. Neisseria gonorrhoeae, N. meningitidis. Nocardia asteroides. Pasteurella- all species. Plesiomonas shigelloides. Proteus- all species. Pseudomonas mallei. Pseudomonas pseudomallei. Salmonella- all species and all serotypes. Shigella- all species and all serotypes. Sphaerophorus necrophorus. Staphylococcus aureus. Streptobacillus moniliformis. Streptococcus pneumoniae. Streptococcus pyogenes. Treponema careteum, T. pallidum, and T.

pertenue. Vibrio cholerae, V. parahemolyticus. Yersinia (Pasteurella) pestis, Y. enterocolitica.

an

$72.3 Transportation of materials con

taining certain etiologic agents;

minimum packaging requirements. Notwithstanding the provisions of $ 72.2, no person may knowingly transport or cause to be transported in interstate traffic, directly or indirectly, any material (other than biological products) known to contain, or reasonably believed by such person to contain, one or more of the following etiologic agents unless such material is packaged, labeled, and shipped in accordance with the requirements specified in paragraphs (a) through (f) of this section:

FUNGAL AGENTS Blastomyces dermatitidis. Coccidioides immitis. Cryptococcus neoformans. Histoplasma capsulatum. Paracoccidioides brasiliensis.

VIRAL AND RICKETTSIAL AGENTS Adenoviruses-human-all types.

or

Arboviruses-all types.
Coziella burnetii.
Coxsackie A and B viruses—all types.
Creutzfeldt-Jacob agent
Cytomegaloviruses.
Dengue viruses all types.
Ebola virus.
Echoviruses-all types.
Encephalomyocarditis virus.
Hemorrhagic fever agents including, but not

limited to, Crimean hemorrhagic fever (Congo), Junin, Machupo viruses, and Ko

rean hemorrhagic fever viruses. Hepatitis associated materials (hepatitis A,

hepatitis B, hepatitis nonA-nonB). Herpesvirus—all members. Infectious bronchitis-like virus. Influenza viruses—all types. Kuru agent. Lassa virus. Lymphocytic choriomeningitis virus. Marburg virus. Measles virus. Mumps virus. Parainfluenza viruses-all types. Polioviruses—all types. Poxviruses-all members. Rabies virus--all strains. Reoviruses—all types. Respiratory syncytial virus. Rhinoviruses-all types. Rickettsia- all species. Rochalimaea quintana. Rotaviruses—all types. Rubella virus. Simian virus 40. Tick-borne encephalitis virus complex, in

cluding Russian spring-summer encephalitis, Kyasanur forest disease, Omsk hemorrhagic fever, and Central European en

cephalitis viruses.
Vaccinia virus.
Varicella virus.
Variola major and Variola minor viruses.
Vesicular stomatis viruses—all types.
White pox viruses.
Yellow fever virus. 2

(a) Volume not exceeding 50 ml. Material shall be placed in a securely closed, watertight container (primary container (test tube, vial, etc.)) which shall be enclosed in a second, durable watertight container (secondary container). Several primary containers may be enclosed in a single secondary container, if the total volume of all the

primary containers so enclosed does not exceed 50 ml. The space at the top, bottom, and sides between the primary and secondary containers shall contain sufficient nonparticulate absorbent material (e.g., paper towel) to absorb the entire contents of the primary container(s) in case of breakage or leakage. Each set of primary and secondary containers shall then be enclosed in an outer shipping container constructed of corrugated fiberboard, cardboard, wood, or other material of equivalent strength.

(b) Volume greater than 50 ml. Packaging of material in volumes of 50 ml.

more shall comply with requirements specified in paragraph (a) of this section. In addition, a shock absorbent material, in volume at least equal to that of the absorbent material between the primary and secondary containers, shall be placed at the top, bottom, and sides between the secondary container and the outer shipping container. Single primary containers shall not contain more than 1,000 ml of material. However, two or more primary containers whose combined volumes do not exceed 1,000 ml may be placed in a single, secondary container. The maximum amount of etiologic agent which may be enclosed within a single outer shipping container shall not exceed 4,000 ml.

(c) Dry ice. If dry ice is used as a refrigerant, it must be placed outside the secondary container(s). If dry ice is used between the secondary container and the outer shipping container, the shock absorbent material shall be placed so that the secondary container does not become loose inside the outer shipping container as the dry ice sublimates.

(d)(1) The outer shipping container of all materials containing etiologic agents transported in interstate traffic must bear a label as illustrated and described below:

2 This list may be revised from time to time by Notice published in the FEDERAL REGISTER to identify additional agents which

must be packaged in accordance with the requirements contained in this part.

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