The New York port of entry is the only port at which facilities are available which are adequate for the quarantining of wild ruminants and wild swine. Accordingly, permits issued for the importation of such wild animals will require that the animals be imported through the port of New York and quarantined at that port. The Deputy Administrator, Veterinary Services may cancel such a permit when he finds that any provision of this section or any other provision of the regulations has not been or is not being complied with.

(2) Approval of a zoological park for the receipt and maintenance of imported animals as described in this paragraph, shall be on the basis of an inspection, by an authorized representative of the Department, of the physical facilities of the establishment and its methods of operation. Standards for acceptable physical facilities shall include satisfactory pens, cages, or enclosures in which the animals can be maintained so as not to be in contact with the general public and free from contact with domestic livestock; natural or established drainage from the zoological park which will avoid contamination of land areas where domestic livestock are kept or with which domestic livestock may otherwise come in contact; provision for the disposition of manure, other wastes, and dead ruminants and swine within the zoological park: and other reasonable facilities considered necessary to prevent the dissemination of diseases from the zoological park. The operator of the zoological park shall have available the services of a full-time or part-time veterinarian, or a veterinarian on a retainer basis, who shall make periodic examinations of all animals maintained at the zoological park for evidence of disease; who shall make a post-mortem examination of each animal that dies; and who shall make a prompt report of suspected cases of contagious or communicable diseases to appropriate state or federal livestock sanitary officials.

(3) Prior to the issuance of an import permit under this section, the operator of the approved zoological park to which the animals are to be consigned, and the importer of the animals, if such operator and importer are different parties, shall execute an agreement covering each animal or group of animals for which the import permit is requested. The agreement shall be in the following form:

and

hereby

(Name) (City and state) (Importer) request a permit for the importation of for exhibition

(Number and kinds of animals) purposes at the said zoological park, said animals originating in a country where footand-mouth disease or rinderpest exists and being subject to restrictions under regulations contained in Part 92, Title 9, Code of Federal Regulations.

In making this request, it is understood and agreed that:

1. The animals for which an import permit is requested will be held in isolation at a port of embarkation in the country of origin, approved by the Deputy Administrator, Veterinary Services as a port having facilities which are adequate for maintaining wild animals in isolation from all other animals and having veterinary supervision by officials of the country of origin of the animals. Such animals will be held in such isolation for not less than 60 days under the supervision of the veterinary service of that country to determine whether the animals show any clinical evidence of foot-and-mouth disease, rinderpest, or other communicable disease and to assure that the animals will not have been exposed to such a disease within the 60 days next before their exportation from that country.

2. Shipment will be made direct from such port of embarkation to the port of New York as the port of entry in this country. If shipment is made by ocean vessel the animals will not be unloaded in any foreign port en route. If shipment is made by air, the animals will not be unloaded at any port or other place of landing except at a port approved by the Deputy Administrator, Veterinary Services as a port not located in a country where rinderpest or foot-and-mouth disease exists or as a port in such a country having facilities and inspection adequate for maintaining wild animals in isolation from all other animals.

3. No ruminants or swine will be aboard the transporting vehicle, vessel or aircraft except those for which an import permit has been issued.

4. The animals will be quarantined for not less than 30 days in the Department's Animal Quarantine Station in Clifton, New Jersey.

5. Upon release from quarantine the animals will be delivered to the zoological park named in this agreement to become the property of the park and they will not be sold, exchanged or removed from the premises without the prior consent of Veterinary Services.

(Signature of importer)

(d) Animal semen from countries where rinderpest or foot-and-mouth disease exists. Importation of semen of ruminants or swine, originating in any country designated in paragraph (a) of section 94.1 of this subchapter as a country where rinderpest or foot-and-mouth disease is determined to exist, is prohibited, except that semen from ruminants or swine originating in such a country may be offered for entry into the United States at the port of New York and later released from such port provided the following conditions have been fulfilled:

(1) The importer has applied for and obtained an import permit for the semen in accordance with the provisions of this section and related requirements concerning application therefor, which permit is in effect at the time of importation, and has deposited with the Department prior to the issuance of the permit sufficient funds so as to be available for defraying estimated expenses to be incurred in connection with the proposed semen importation and following the issuance of the permit has deposited such other amounts as may be required from time to time to defray unanticipated costs or increased expenses. Such an import permit may be denied for the reasons specified in subparagraph (a) (3) of this section. Furthermore, an import permit will be revoked unless the following conditions have been complied with:

(1) The donor animal shall have been inspected on the farm of origin by a veterinarian of the United States Department of Agriculture who, in cooperation with the veterinary service of the country of origin of the donor animal, shall have determined, insofar as possible, that the donor animal was never infected with rinderpest or foot-andmouth disease; that the donor animal was never on a farm or other premise where rinderpest or foot-and-mouth dis

ease then existed; that no animal on the farm of origin which was susceptible to the virus of rinderpest or foot-andmouth disease was exposed to either disease during the 12 months immediately prior to the date of inspection of the donor animal; that the donor animal has never been vaccinated against rinderpest or foot-and-mouth disease; and that the donor animal was free from evidence of other communicable disease;

(ii) The donor animal shall have been permanently identified in a manner satisfactory to a veterinarian of this Department; blood samples from such donor animal for virus neutralization and fluorescent antibody tests or other tests shall have been collected by a veterinarian of the United States Department of Agriculture and transported by air to the New York Port Veterinarian for delivery to the Plum Island Animal Disease Laboratory of the United States Department of Agriculture in containers approved by a veterinarian of this Department, sealed in the country of origin by a veterinarian of this Department; and pending the results of the tests, the donor animal shall have been kept in isolation on the farm of origin or other acceptable location under the supervision of a veterinarian of this Department, and during such isolation period no animal susceptible to rinderpest or footand-mouth disease shall have been permitted to enter such farm or location and no other source of exposure to rinderpest or foot-and-mouth disease shall have been present;

(iii) The blood samples from the donor animal shall have been negative to the virus neutralization and fluorescent antibody tests made at the Plum Island Animal Disease Laboratory of the United States Department of Agriculture and to any other test for rinderpest, foot-and-mouth disease or other communicable disease prescribed by the Deputy Administrator, Veterinary Services.

(iv) Following isolation, preliminary veterinary inspection, and testing while the donor animal was on the farm of origin or other acceptable location, the donor animal shall have been transported, under such conditions as the Department veterinarian prescribed to prevent exposure of the animal to the virus of rinderpest or foot-and-mouth disease, to an isolation facility properly equipped for the necessary care and maintenance of the donor animal and for the proper

collection and handling of semen, approved by a veterinarian of this Department and under the direct supervision of such veterinarian;

(v) The semen of the donor animal shall have been collected at the approved isolation facility under the direct supervision of a veterinarian of this Department; and all handling procedures, such as examination, dilution, refrigeration, and preparation of the semen for shipment, shall have been under the direct supervision of a veterinarian of this Department.

(2) The semen collected at the approved isolation facility shall have been at all times, except during air transportation to New York, in the custody of a veterinarian of this Department.

(3) The semen for which an import permit has been issued shall have been transported by air to the port of New York in liquid nitrogen containers approved by a veterinarian of this Department; sealed in the country of origin by a veterinarian of this Department; and accompanied by a statement by such veterinarian showing the identification of the donor animal and the dates the semen was collected, along with a certificate regarding the health status of the donor animal as of the date of shipment of the semen to the port of New York. All semen received at the port of New York shall be held under quarantine in liquid nitrogen storage at such port in the custody of Veterinary Services until released or otherwise disposed of as provided in this section. Quarantine of the semen at the port of New York shall be for a minimum period of 60 days in facilities and under conditions prescribed by the Deputy Administrator, Veterinary Services, during which time additional tests shall be conducted as provided in subparagraphs (4), (5), and (6) of this paragraph.

(4) The donor animal shall have been retained at the approved isolation facility in the country where the semen was collected for at least 60 days after such collection; and after such 60-day retention period, blood samples shall have been collected from the donor animal by a veterinarian of this Department for virus neutralization and fluorescent antibody tests at the Plum Island Animal Disease Laboratory of the United States Department of Agriculture, and any other tests as required by the Deputy Administrator, Veterinary Services.

(5) While the imported semen is in storage under quarantine at the port of New York, a sample of each lot of semen collected from the donor animal shall have been tested at the Plum Island Laboratory. Such test shall consist of injecting not less than 10 percent of the volume of each lot of semen into test animals which are susceptible to rinderpest or foot-and-mouth disease. The Deputy Administrator, Veterinary Services may also require such other tests as he deems necessary to determine whether the semen harbors the virus of rinderpest or foot-and-mouth disease, or any other communicable disease.

(6) If it is determined that the requirements set forth in this paragraph have been complied with and there are no indications that the donor animal or the semen from the donor animal harbors the virus of rinderpest or foot-andmouth disease or any other communicable disease and if the donor animal, blood samples from the donor animal, and semen samples from the donor animal are negative to all other tests required, the semen shall be released for shipment to the consignee listed by the importer; otherwise the semen shall be destroyed or disposed of as the Deputy Administrator, Veterinary Services may direct.

(Sec. 203, 60 Stat. 1087; 7 U.S.C. 1622) [28 FR. 5971, June 18, 1963, as amended at 29 F.R. 18274, Dec. 24, 1964; 37 F.R. 9019, May 4, 1972; 37 F.R. 17465, Aug. 29, 1972]

§ 92.5 Certificate for ruminants, swine, and poultry.

(a) Ruminants and swine. (1) All ruminants and swine offered for importation from any part of the world except as provided in §§ 92.20, 92.21, 92.22, 92.28, 92.35, 92.36, and 92.40 shall be accompanied by a certificate of a salaried veterinary officer of the national government of the country of origin stating that such animals have been kept in said country at least 60 days immediately preceding the date of movement therefrom and that said country during such period has been entirely free from foot-and-mouth disease, rinderpest, contagious pleuropneumonia, and surra: Provided, however, That certificates for wild ruminants or wild swine for exhibition purposes need specify freedom from the said diseases of the district of origin only: And provided further, That in the case of sheep, goats, and swine the certificate, as far as it relates to contagious

pleuropneumonia, may specify freedom from such disease of the district of origin only. For domestic swine the certificate shall also show that for 60 days immediately preceding the date of movement from the premises of origin no hog cholera, swine plague, or erysipelas has existed on such premises or on adjoining premises.

accompanying

(2) The certificate sheep and goats offered for importation from any part of the world, except as provided in §§ 92.21, 92.28, and 92.36, shall, in addition to the statements required by subparagraph (1) of this paragraph, state: (i) That the said salaried veterinary officer has inspected such sheep and goats on the premises of origin and found them free of evidence of the disease known as scrapie, and of any other communicable disease; (ii) that, as far as it has been possible to determine, such animals have not been exposed to any such disease during the preceding 60 days; (iii) that, as far as can be determined, the disease known as scrapie has not existed in any district in which such sheep or goats were located during the three years immediately prior to shipment to the United States; and (iv) that each of such animals is not the progeny of a sire or dam that has been affected with scrapie.

(3) If ruminants or swine are unaccompanied by the certificate as required by subparagraphs (1) and (2) of this paragraph, or if such animals are found upon inspection at the port of entry to be affected with a communicable disease or to have been exposed thereto, they shall be refused entry and shall be handled thereafter in accordance with the provisions of section 8 of the act of August 30, 1890 (26 Stat. 416; 21 U. S. C. 103), or quarantined, or otherwise disposed of as the Deputy Administrator, Veterinary Services may direct.

(b) Poultry. (1) All poultry, except eggs for hatching, offered for importation from any country of the world shall be accompanied by a certificate of a salaried veterinary officer of the national government of the country of origin stating that such poultry and their flock or flocks of origin were inspected on the permises of origin immediately before the date of movement from such country and that they were then found to be free of evidence of communicable diseases of poultry, and that, as far as it has been possible to determine, they were not exposed to any such

disease common to poultry during the 90 days immediately preceding the date of such movement and that these premises are not located in any area under quarantine during the preceeding 90 days. Certificates for such poultry shall also state that the poultry have been kept in the country from which they are offered for importation for at least 90 days immediately preceding the date of movement therefrom or since hatched and that, as far as it has been possible to determine, no case of European fowl pest (fowl plague) or Newcastle disease occurred on the premises where such poultry were kept, or on adjoining premises, during that 90-day period. All eggs for hatching offered for importation from any part of the world, shall be accompanied by a certificate of a salaried veterinary officer of the national government of the country of origin stating that the flock or flocks of origin were found upon inspection to be free from evidence of communicable diseases of poultry, that no Newcastle disease has occurred on the premises of origin or on adjoining premises during the 90 days immediately preceding the date of movement of the eggs from such country, and that as far as it has been possible to determine such flock or flocks were not exposed to such disease during the preceding 90 days.

[28 F.R. 5971, June 13, 1963, as amended at 37 F.R. 5485, Mar. 16, 1972; 37 F.R. 9019, May 4, 1972; 37 F.R. 17465, Aug. 29, 1972; 37 F.R. 21149, Oct. 6, 1972]

(a) Tuberculosis and brucellosis tests of cattle. Except as provided in §§ 92.20 and 92.35 (b) and (c) all cattle offered for importation from any part of the world, except for immediate slaughter, shall be accompanied by a satisfactory certificate of a salaried veterinary officer of the national government of the country of origin showing that the animals have been tested for tuberculosis and brucellosis with negative results within 30 days of the date of their exportation: Provided, That the brucellosis test will not be required for steers, spayed heifers, or any cattle less than 6 months old. The said certificate shall give the dates and places of testing, names of the consignor and consignee, and a description of the cattle, with breed, ages, and markings.

(b) Tuberculosis and brucellosis tests of goats. Except as provided in §§ 92.21

and 92.36(b), all goats offered for importation, except for immediate slaughter, shall be accompanied by a satisfactory certificate of a salaried veterinary officer of the national government of the country of origin showing that the animals have been tested for tuberculosis and brucellosis with negative results within 30 days of the date of their exportation. The said certificate shall give the dates and places of testing, method of testing, names of consignor and consignee, and a description of the animals, including breed, ages, markings, and tattoo and eartag numbers.

(c) Further tests during quarantine. Animals that have been tested as prescribed in the paragraphs (a) and (b) of this section and that are subject to quarantine at the port of entry as provided in § 92.11, shall be retested during the last 10 days of the quarantine period under the supervision of a veterinary inspector, by one or more of the methods approved by the Deputy Administrator, Veterinary Services.

§ 92.7

Declaration and other documents for animals and animal semen. (a) The certificates, declarations, and affidavits required by the regulations in this part shall be presented by the importer or his agent to the collector of customs at the port of entry, upon arrival of animals or animal semen at such port, for the use of the veterinary inspector at the port of entry.

(b) For all animals and animal semen offered for importation, the importer or his agent shall first present two copies of a declaration which shall list the port of entry, the name and address of the importer, the name and address of the broker, the origin of the animals or animal semen, the number, breed, species, and purpose of the importation, the name of the person to whom the animals or animal semen will be delivered, and the location of the place to which such delivery will be made.

§ 92.8 Inspection at the port of entry.

(a) Inspection shall be made at the port of entry of all horses, ruminants, swine, and poultry imported from any part of the world except as provided in §§ 92.25 and 92.33. All horses, ruminants, and swine found to be free from communicable disease and not to have been exposed thereto within 60 days prior to their exportation to the United States shall be admitted subject to the other

provisions in this part; all poultry found to be free from communicable disease and not to have been exposed thereto within 90 days prior to their exportation to the United States shall be admitted subject to the other provisions in this part; all other animals and poultry except as provided in §§ 92.28(c) and 92.35(a) shall be refused entry. Animals refused entry, unless exported within a time fixed in each case by the Deputy Administrator of Veterinary Services, and in accordance with other provisions he may require in each case for their handling shall be disposed of as the Deputy Administrator may direct in accordance with provisions of section 2 of the Act of July 2, 1962 (21 U.S.C. 134a), or the provisions of section 8 of the Act of August 30, 1890 (21 U.S.C. 103). Such portions of the transporting vessel, and of its cargo, which have been exposed to any such animals or their emanations shall be disinfected in such manner as may be considered necessary by the inspector in charge at the port of entry, to prevent the introduction or spread of livestock or poultry disease, before the cargo is allowed to land. [37 F.R. 9021, May 4, 1972, as amended at 37 F.R. 17465, Aug. 29, 1972]

Platforms and chutes used for handling imported ruminants or swine shall be cleaned and disinfected under Veterinary Services supervision after being so used. The said animals shall not be unnecessarily moved over any highways nor allowed to come in contact with other Animals, but shall be transferred from the conveyance to the quarantine grounds in boats, cars, or vehicles approved by the inspector in charge at the port of entry. Such cars, boats, or vehicles shall be cleaned and disinfected under Veterinary Services supervision immediately after such use, by the carrier moving the same. The railway cars so used shall be either cars reserved for this