[Federal Register: March 15, 2002 (Volume 67, Number 51)]
[Rules and Regulations]
[Page 11561-11565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr02-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. 00-028-2]
Importation of Horses, Ruminants, Swine, and Dogs; Inspection and
Treatment for Screwworm
AGENCY: Animal and Plant Health Inspection Service, USDA.
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Subpart C--Horses 93.300
Definitions. 93.301 General prohibitions; exceptions. 93.302
Inspection of certain aircraft and other means of conveyance and shipping
containers thereon; unloading, cleaning, and disinfection requirements.
93.303 Ports designated for the importation of horses. 93.304
Import permits for horses from regions affected with CEM and for
horse specimens for diagnostic purposes; reservation fees for space at
quarantine facilities maintained by APHIS. 93.305 Declaration and
other documents for horses. 93.306 Inspection at the port of entry.
93.307 Articles accompanying horses. 93.308 Quarantine
requirements. 93.309 Horse quarantine facilities. 93.310
Quarantine stations, visiting restricted; sales prohibited. 93.311
Milk from quarantined horses. 93.312 Manure from quarantined
horses. 93.313 Appearance of disease among horses in quarantine.
93.314 Horses, certification, and accompanying equipment.
Subpart C--Horses Sec.
93.300 Definitions. Wherever in this subpart the following terms are
used, unless the context otherwise requires, they shall be construed,
respectively, to mean: Accredited veterinarian. A veterinarian approved by
the Administrator in accordance with the provisions of part 161 of this
title to perform functions specified in parts 1, 2, 3, and 11 of
subchapter A, and subchapters B, C, and D of this chapter, and to perform
functions required by cooperative State-Federal disease control and
eradication programs. Administrator. The Administrator of the Animal and
Plant Health Inspection Service or any other employee of the Animal and
Plant Health Inspection Service, United States Department of Agriculture,
to whom authority has been or may be delegated to act in the
Administrator's stead. Animals. Cattle, sheep, goats, other ruminants,
swine, horses, asses, mules, zebras, dogs, and poultry. Animal and Plant
Health Inspection Service. The Animal and Plant Health Inspection Service
of the United States Department of Agriculture (APHIS or Service). APHIS
representative. A veterinarian or other individual employed by the Animal
and Plant Health Inspection Service, United States Department of
Agriculture, who is authorized to perform the services required by this
part. Code of practice. A voluntary system of procedures designed to
reduce disease spread, that is established by the veterinarians and horse
industry in a region and that includes procedures for [[Page 404]] the
following: Testing for and treatment of the diseases, quarantine of horses
that are affected with or are suspected of being affected with the
disease, certification of whether horses have been affected with or
exposed to the disease, and hygiene for personnel conducting treatments
and specimen collections. Communicable disease. Any contagious,
infectious, or communicable disease of domestic livestock, poultry or
other animals. Department. The United States Department of Agriculture
(USDA). Fever tick. Boophilus annulatus, including, but not limited to,
the varieties Americana and Australia. Horses. Horses, asses, mules, and
zebras. Immediate slaughter. Consignment directly from the port of entry
to a recognized slaughtering establishment \1\ and slaughter thereat
within two weeks from the date of entry.
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\1\ The name of recognized slaughtering establishments approved under this
part may be obtained from the Area Veterinarian in Charge, Veterinary
Services, for the State of destination of the shipment.
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Inspector. An employee of the Animal and Plant Health Inspection Service
authorized to perform duties required under this subpart. Licensed
Veterinarian. Any person licensed by any country or political subdivision
thereof to practice veterinary medicine. Operator. For the purposes of
Sec. 93.308, any person operating an approved quarantine facility.
Persons. Any individual, corporation, company, association, firm,
partnership, society or joint stock company. Port Veterinarian. A
veterinarian employed by the Animal and Plant Health Inspection Service to
perform duties required under this part at a port of entry. Recognized
slaughtering establishment.\2\ An establishment where slaughtering
operations are regularly carried on under federal or state inspection and
which has been approved by the Animal and Plant Health Inspection Service
to receive animals for slaughter under this part.
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\2\ See footnote 1 to subpart C.
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Region. Any defined geographic land area identifiable by geological,
political, or surveyed boundaries. A region may consist of any of the
following: (1) A national entity (country); (2) Part of a national entity
(zone, county, department, municipality, parish, Province, State, etc.)
(3) Parts of several national entities combined into an area; or (4) A
group of national entities (countries) combined into a single area. State
animal health official. The State official responsible for livestock and
poultry disease control and eradication programs. United States. All of
the States of the United States, the District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and
all other Territories and Possessions of the United States. Veterinarian
in Charge. The veterinary official of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, who is
assigned by the Administrator to supervise and perform the official animal
health work of the Animal and Plant Health Inspection Service in the State
concerned. Veterinary Services. The Veterinary Services unit of the
Department. Weanling or yearling. Any horse, weaned from its dam, that was
foaled not more than 731 days prior to its being offered for entry into
the United States. A horse will not be considered to be a weanling or
yearling if its first permanent incisors have erupted. [55 FR 31495, Aug.
2, 1990, as amended at 56 FR 15489, Apr. 17, 1991; 61 FR 52239, Oct. 7,
1996. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997]
Sec. 93.301 General
prohibitions; exceptions. (a) No horse 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; \3\ nor shall any such horse or product be handled or moved
after physical entry [[Page 405]] 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 Administrator may
upon request in specific cases permit horses to be brought into or through
the United States under such conditions as he or she may prescribe, when
he or she determines in the specific case that such action will not
endanger the livestock or poultry of the United States.
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\3\ Importations of certain animals from various regions are absolutely
prohibited under part 94 because of specific diseases.
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(b) The provisions in this part 93 relating to horses shall not
apply to healthy horses in transit through the United States if they are
not known to be infected with or exposed, within 60 days preceding the
date of export from the region of origin, to communicable diseases of
horses if an import permit \4\ has been obtained under Sec. 93.304
of this chapter and all conditions therein are observed; and if such
horses are handled as follows:
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\4\ Such permit may be obtained from the Animal and Plant Health
Inspection Service, Veterinary Services, National Center for Import-
Export, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231.
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(1)(i) They are maintained under continuous confinement in transit through
the United States aboard an aircraft, ocean vessel, or other means of
conveyance; or (ii) They are unloaded, in the course of such transit, into
a horse holding facility which is provided by the carrier or its agent and
has been approved \5\ in advance by the Administrator in accordance with
paragraph (b)(3) of this section as adequate to prevent the spread within
the United States of any livestock or poultry disease, and they are
maintained there under continuous confinement until loaded aboard a means
of conveyance for transportation from the United States and are maintained
under continuous confinement aboard such means of conveyance until it
leaves the United States; the import permit will specify any
additional conditions necessary to assure that the transit of the horses
through the United States can be made without endangering the livestock or
poultry of the United States, and that Department inspectors may inspect
the horses on board such means of conveyance or in such holding facility
as provided in section 5 of the Act of July 2, 1962 (21 U.S.C. 134d) to
ascertain whether the requirements of this paragraph are met, and dispose
of them in accordance with section 2 of the Act of July 2, 1962 (21 U.S.C.
134a) if such conditions are not met; and
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\5\ See footnote 4 to subpart C.
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(2) The carrier or its agent executes and furnishes to the collector of
Customs at the first port of arrival a declaration stating that the horses
will be retained aboard such means of conveyance or in an approved holding
facility during transshipment as required by this paragraph. (3)
Provisions for the approval of facilities required in this paragraph are:
(i) They must be sufficiently isolated to prevent direct or indirect
contact with all other animals and birds while in the United States. (ii)
They must be so constructed that they provide adequate protection against
environmental conditions and can be adequately cleaned, washed and
disinfected. (iii) They must provide for disposal of horse carcasses,
manure, bedding, waste and any related shipping materials in a manner that
will prevent dissemination of disease. (iv) They must have provisions for
adequate sources of feed and water and for attendants for the care and
feeding of horses in the facility. (v) They must comply with additional
requirements as may be imposed by the Administrator if deemed applicable
for a particular shipment. (vi) They must also comply with all applicable
local, State and Federal requirements for environmental quality and with
the provisions of the Animal Welfare Regulations in chapter I of this
title, as applicable. (c) Specific prohibitions regarding contagious
equine metritis; exceptions--(1) Importation prohibited. Except as
provided in paragraph (c)(2) of this section, notwithstanding the other
provisions of this part concerning the importation of horses into the
United States, the importation of all horses from any of the following
listed regions and the importation of all horses that have been in any
listed region within the 12 months immediately preceding [[Page 406]]
their being offered for entry into the United States is prohibited, either
because contagious equine metritis (CEM) exists in the listed region or
because the listed region trades horses freely with a region in which CEM
exists without testing for CEM: Austria, Belgium, Bosnia and Herzegovina,
Croatia, Czech Republic, Denmark, Finland, France, Germany, Guinea-Bissau,
Ireland, Italy, Japan, the Member States of the European Union, The
Netherlands, Norway, Slovakia, Slovenia, Sweden, Switzerland, The Former
Yugoslav Republic of Macedonia, the United Kingdom (England, Northern
Ireland, Scotland, Wales, and the Isle of Man), and the nonrecognized
areas of the former Yugoslavia (Montenegro and Serbia). Note: Montenegro
and Serbia have asserted the formation of a joint independent State
entitled ``The Federal Republic of Yugoslavia,'' but this entity has not
been formally recognized by the United States. (2) Exceptions. The
provisions of paragraph (c)(1) of this section shall not apply to the
following: (i) Wild (non-domesticated) species of equidae if captured in
the wild or imported from a zoo or other facility where it would be
unlikely that the animal would come in contact with domesticated horses
used for breeding; (ii) Geldings; (iii) Weanlings or yearlings whose age
is certified on the import health certificate required under Sec.
93.314(a); (iv) Horses imported in accordance with conditions
prescribed by the Administrator as provided in Sec. 93.301(a);
(v) Spanish Pure Breed horses imported for permanent entry from Spain or
thoroughbred horses imported for permanent entry from France, Germany,
Ireland, or the United Kingdom if the horses meet the requirements of
paragraph (d) of this section; (vi) Stallions or mares over 731 days of
age imported for permanent entry if the horses meet the requirements of
paragraph (e) of this section; (vii) Horses over 731 days of age imported
into the United States for no more than 90 days to compete in specified
events if the horses meet the requirements of paragraph (f) of this
section; and (viii) Horses temporarily exported from the United States or
from another region not known to be affected with CEM to a region listed
in paragraph (c)(1) of this section within the 12 months immediately
preceding their being offered for entry into the United States if the
horses meet the requirements of paragraph (g) of this section. (d) Spanish
Pure Breed horses from Spain and thoroughbred horses from France, Germany,
Ireland, and the United Kingdom. (1) Spanish Pure Breed horses from Spain
and thoroughbred horses from France, Germany, Ireland, and the United
Kingdom may be imported for permanent entry if the horses meet the
following requirements: (i) Each horse is accompanied at the time of
importation by an import permit in accordance with Sec. 93.304;
(ii) Each horse is accompanied at the time of importation by an import
health certificate issued in accordance with Sec. 93.314(a). In
addition to the information required by Sec. 93.314(a), the
veterinarian signing and issuing the certificate must certify that: (A) He
or she has examined the daily records of the horse's activities maintained
by the trainer and certified to be current, true, and factual by the
veterinarian in charge of the training or racing stable; (B) He or she has
examined the records of the horse's activities maintained by a breed
association specifically approved by the Department \6\ and certified by
the breed association to be current, true, and factual for the following
information:
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\6\ The following breed associations and their record systems have been
approved by the Department: Jefatura de Cria Caballar Registro Matricula
for Spain; Weatherby's Ltd. for the United Kingdom and Ireland; Haras du
Pain for France; and Direktorium f[uuml]r Vollblutzucht und Rennen e.v.
for Germany.
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(1) Identification of the horse by name, sex, age, breed, and all
identifying marks; (2) Identification of all premises where the horse has
been since reaching 731 days of age and the dates that the horse was at
such premises; (3) For thoroughbred horses, that none of the premises
where the horse has been since reaching 731 days of age are breeding
premises; and [[Page 407]] (4) For Spanish Pure Breed horses from Spain,
that since reaching 731 days of age: (i) The horse has never been on a
premises that is exclusively a breeding premises; (ii) The horse has never
been bred; (iii) Breeding of the horse has never been attempted; and (iv)
The horse has never been commingled and left unattended with adult horses
of the opposite sex; (C) He or she has compared the records maintained by
the approved breed association with the records kept by the trainer and
has found the information in those two sets of records to be consistent
and current; (D) For Spanish Pure Breed horses and thoroughbred horses
over 731 days of age, cultures negative for CEM were obtained from sets of
specimens collected on 3 separate occasions within a 7-day period from the
mucosal surfaces of the clitoral fossa and the clitoral sinuses of any
female horses and from the surfaces of the prepuce, the urethral sinus,
and the fossa glandis, including the diverticulum of the fossa glandis, of
any male horses. For both female and male horses, the sets of specimens
must be collected on days 1, 4, and 7 of the 7-day period, and the last of
these sets of specimens must be collected within 30 days of exportation.
All specimens required by this paragraph must be collected by a licensed
veterinarian who either is, or is acting in the presence of, the
veterinarian signing the certificate; and (E) All specimens required by
paragraph (d)(1)(ii)(D) of this section were received within 48 hours of
collection by a laboratory approved to culture for CEM by the national
veterinary service of the region of export and were accompanied by a
statement indicating the date and time of their collection. (2) If any
specimen collected in accordance with paragraph (d)(1)(ii)(D) of this
section is found to be positive for CEM, the horse must be treated for CEM
in a manner approved by the national veterinary service of the region of
export. After the treatment is completed, at least 21 days must pass
before the horse will be eligible to be tested again in accordance with
paragraph (d)(1)(ii)(D) of this section. All treatments performed, and the
dates of the treatments, must be recorded on the health certificate. (3)
Spanish Pure Breed horses and thoroughbred horses imported under paragraph
(d)(1) of this section may be released upon completion of the Federal
quarantine required under Sec. 93.308. Spanish Pure Breed horses
and thoroughbred horses found positive for CEM that have been treated and
retested as provided in paragraph (d)(2) of this section shall, upon
completion of the Federal quarantine required under Sec. 93.308, be
consigned to an approved State listed in paragraph (h)(6) or (h)(7) of
this section, where they shall be quarantined under State or Federal
supervision until the stallions have met the testing and treatment
requirements of paragraph (e)(3) of this section and the mares have met
the testing and treatment requirements of paragraph (e)(5) of this
section. (e) Stallions and mares over 731 days of age from CEM-affected
regions. (1) Stallions or mares over 731 days of age may be imported for
permanent entry from a region listed in paragraph (c)(1) of this section
if the horses meet the following requirements: (i) Each horse is
accompanied at the time of importation by an import permit issued
in accordance with Sec. 93.304. The import permit must
indicate that, after completion of the Federal quarantine required in Sec.
93.308, the stallion or mare will be consigned to a State that the
Administrator has approved to receive such horses in accordance with
paragraph (h) of this section; (ii) The horses are accompanied at the time
of importation by an import health certificate issued in accordance
with Sec. 93.314(a); (iii) A set of specimens must be collected
from each horse within 30 days prior to the date of export by a licensed
veterinarian who either is, or is acting in the presence of, the
veterinarian signing the certificate. For stallions, the specimens must be
collected from the prepuce, urethral sinus, and fossa glandis, including
the diverticulum of the fossa glandis; for mares, the specimens must be
collected from the mucosal surfaces of the clitoral fossa and the clitoral
sinuses. All of the specimens collected must be cultured [[Page 408]] for
CEM with negative results in a laboratory approved to culture for CEM by
the national veterinary service of the region of origin; (iv) The horses
described on the certificate must not have been used for natural breeding,
for the collection of semen for artificial insemination in the case of
stallions, or for artificial insemination in the case of mares, from the
time the specimens were collected through the date of export; (v) All
specimens required by paragraph (e)(1)(iii) of this section must be
received within 48 hours of collection by a laboratory approved to culture
for CEM by the national veterinary service of the region of export and
must be accompanied by a statement indicating the date and time of their
collection; and (vi) If any specimen collected in accordance with
paragraph (e)(1)(iii) of this section is found to be positive for CEM, the
stallion or mare must be treated for CEM in a manner approved by the
national veterinary service of the region of export. After the treatment
is completed, at least 21 days must pass before the horse will be eligible
to be tested again in accordance with paragraph (e)(1)(ii) of this
section. All treatments performed, and the dates of the treatments, must
be recorded on the health certificate. (2) Post-entry. (i) Stallions and
mares imported under paragraph (e)(1) of this section must complete the
Federal quarantine required under Sec. 93.308. Upon completion of
the Federal quarantine, stallions must be sent to an approved State listed
in paragraph (h)(6) of this section, and mares must be sent to an approved
State listed in paragraph (h)(7) of this section. (ii) Once in the
approved State, the stallions or mares shall be quarantined under State or
Federal supervision until the stallions have met the testing and treatment
requirements of paragraph (e)(3) of this section and the mares have met
the testing and treatment requirements of paragraph (e)(5) of this
section. (iii) All tests and cultures required by paragraphs (e)(3)
through (e)(5) of this section shall be conducted at the National
Veterinary Services Laboratories, Ames, IA, or at a laboratory approved by
the Administrator in accordance with paragraph (i) of this section to
conduct CEM cultures and tests. (iv) To be eligible for CEM culture or
testing, all specimens collected in accordance with paragraphs (e)(3)
through (e)(5) of this section must be received by the National Veterinary
Services Laboratories or the approved laboratory within 48 hours of
collection and must be accompanied by a statement indicating the date and
time of their collection. (3) Testing and treatment requirements for
stallions. (i) Once the stallion is in the approved State, one specimen
each shall be taken from the prepuce, the urethral sinus, and the fossa
glandis, including the diverticulum of the fossa glandis, of the stallion
and be cultured for CEM. After negative results have been obtained, the
stallion must be test bred to two test mares that meet the requirements of
paragraph (e)(4) of this section. Upon completion of the test breeding:
(A) The stallion must be treated for 5 consecutive days by thoroughly
cleaning and washing (scrubbing) its prepuce, penis, including the fossa
glandis, and urethral sinus while the stallion is in full erection with a
solution of not less than 2 percent surgical scrub chlorhexidine and then
thoroughly coating (packing) the stallion's prepuce, penis, including the
fossa glandis, and urethral sinus with an ointment effective against the
CEM organism.\7\ The treatment shall be performed by an accredited
veterinarian and monitored by a State or Federal veterinarian.
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\7\ A list of ointments effective against the CEM organism may be obtained
from the National Center for Import and Export, Import/Export
Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231.
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(B) Each mare to which the stallion has been test bred shall be cultured
for CEM from sets of specimens that are collected from the mucosal
surfaces of the clitoral fossa and clitoral sinuses on the third, sixth,
and ninth days after the breeding, with negative results. A complement
fixation test for CEM must be done with negative results on the fifteenth
day after the breeding. [[Page 409]] (ii) If any culture or test required
by this paragraph is positive for CEM, the stallion shall be treated as
described in paragraph (e)(3)(i)(A) of this section and retested by being
test bred to two mares no less than 21 days after the last day of
treatment. (iii) A stallion may be released from State quarantine only if
all cultures and tests of specimens from the mares used for test breeding
are negative for CEM and all cultures performed on specimens taken from
the stallion are negative for CEM. (4) Requirements for test mares. (i)
Mares to be used to test stallions for CEM shall be permanently identified
before the mares are used for such testing with the letter ``T.'' The
marking shall be permanently applied by an inspector, a State inspector,
or an accredited veterinarian who shall use a hot iron, freezemarking, or
a lip tattoo. If a hot iron or freezemarking is used, the marking shall
not be less than 2 inches (5.08 cm) high and shall be applied to the left
shoulder or left side of the neck of the mare. If a lip tattoo is used,
the marking shall not be less than 1 inch (2.54 cm) high and 0.75 inch
(1.9 cm) wide and shall be applied to the inside surface of the upper lip
of the test mare. (ii) The test mares must be qualified prior to breeding
as apparently free from CEM and may not be used for breeding from the time
specimens are taken to qualify the mares as free from CEM. To qualify,
each mare shall be tested with negative results by a complement fixation
test for CEM, and specimens taken from each mare shall be cultured
negative for CEM. For culture, sets of specimens shall be collected on the
first, fourth, and seventh days of a 7-day period from the mucosal
surfaces of the clitoral fossa and clitoral sinuses. (iii) A test mare
that has been used to test stallions for CEM may be released from
quarantine only if: (A) The test mare is found negative for CEM on all
cultures and tests required under paragraph (e)(3)(ii) of this section; or
(B) The test mare is subjected to an ovariectomy by an accredited
veterinarian under the direct supervision of a State or Federal
veterinarian; or (C) The test mare is treated and handled in accordance
with paragraph (e)(5) of this section; or (D) The test mare is moved
directly to slaughter without unloading en route, is euthanized, or dies.
(5) Testing and treatment requirements for mares. (i) Once the mare is in
the approved State, sets of specimens shall be collected from the mare on
three separate occasions within a 7-day period. On days 1, 4, and 7, an
accredited veterinarian shall collect specimens from the mucosal surfaces
of the clitoral fossa and clitoral sinuses and shall submit each set of
specimens to the National Veterinary Services Laboratories, Ames, IA, or
to a laboratory approved by the Administrator in accordance with paragraph
(i) of this section to conduct CEM cultures and tests. (ii) After the
three sets of specimens required by paragraph (e)(5)(i) of this section
have been collected, an accredited veterinarian shall manually remove
organic debris from the sinuses of each mare and then flush the sinuses
with a cerumalytic agent.\8\
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\8\ Recommended protocols for the flushing of sinuses may be obtained from
the National Center for Import and Export, Import/Export
Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231.
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(iii) For 5 consecutive days after the sinuses have been cleaned, an
accredited veterinarian shall aseptically clean and wash (scrub) the
external genitalia and vaginal vestibule, including the clitoral fossa,
with a solution of not less than 2 percent chlorhexidine in a detergent
base and then fill the clitoral fossa and sinuses, and coat the external
genitalia and vaginal vestibule with an antibiotic ointment effective
against the CEM organism.\9\
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\9\ A list of ointments effective against the CEM organism may be obtained
from the National Center for Import and Export, Import/Export
Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231.
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(iv) A mare may be released from State quarantine only if all cultures
performed on specimens taken from the mare are negative for CEM. (v) If
any culture required by this paragraph is positive for CEM, the mare shall
be treated as described in paragraphs (e)(5)(ii) and (e)(5)(iii) of this
section. No less than 21 days after [[Page 410]] the last day of
treatment, the mare shall be tested again in accordance with paragraph
(e)(5)(i) of this section. If all specimens are negative for CEM, the mare
may be released from quarantine. (f) Special provisions for temporary
importation. Horses over 731 days of age may be imported into the United
States for no more than 90 days to compete in specified events if the
following conditions are met: (1) The horse may remain in the United
States for not more than 90 days following the horse's arrival in the
United States, except as provided in paragraph (f)(6) of this section and,
while in the United States, the horse must be moved according to the
itinerary and methods of transport specified in the import permit
provided for in Sec. 93.304 of this part; (2) While the horse is in
the United States, the following conditions must be met: (i) Except when
in transit, the horse must be kept on a premises that has been approved,
orally or in writing, by an APHIS representative. If the approval is oral,
it will be confirmed in writing by the Administrator as soon as
circumstances permit. To receive approval, the premises: (A) Must not be a
breeding premises; and (B) Must be or contain a building in which the
horse can be kept in a stall that is separated from other stalls
containing horses, either by an empty stall, by an open area across which
horses cannot touch each other, or by a solid wall that is at least 8 feet
(2.4 m) high. (ii) While at the premises at which the horse competes, the
horse must be monitored by an accredited veterinarian or APHIS
representative to ensure that the provisions of paragraphs (f)(2)(i),
(f)(2)(iv), and (f)(2)(v) of this section are met. If the monitoring is
performed by an accredited veterinarian, the Veterinarian in Charge will
ensure that the accredited veterinarian is familiar with the requirements
of this section and spot checks will be conducted by an APHIS
representative to ensure that the requirements of this section are being
met. If an APHIS representative finds that requirements are not being met,
the Administrator may require that all remaining monitoring for the event
be conducted by APHIS representatives to ensure compliance. (iii) While in
transit, the horse must be moved in either an aircraft or a sealed van or
trailer. If the horse is moved in a sealed van or trailer, the seal may be
broken only by an APHIS representative at the horse's destination, except
in situations where the horse's life is in danger. (iv) Except when
actually competing or being exercised, the horse must be kept in a stall
that is separated from other stalls containing horses, either by an empty
stall, by an open area across which horses cannot touch each other, or by
a solid wall that is at least 8 feet (2.4 m) high. (v) The horse may not
be used for breeding purposes (including artificial insemination), may not
have any other sexual contact with other horses, and may not undergo any
genital examinations. (vi) After the horse is transported anywhere in the
United States, any vehicle in which the horse was transported must be
cleaned and disinfected in the presence of an APHIS representative,
according to the procedures specified in Secs. 71.7 through 71.12 of this
chapter, before any other horse is transported in the vehicle. (vii) The
cleaning and disinfection specified in paragraph (f)(2)(vi) of this
section must be completed before the vehicle is moved from the place where
the horse is unloaded. In those cases where the facilities or equipment
for cleaning and disinfection are inadequate at the place where the horse
is unloaded, the Administrator may allow the vehicle to be moved to
another location for cleaning and disinfection when the move will not pose
a disease risk to other horses in the United States. (viii) The owner or
importer of the horse must comply with any other provisions of this part
applicable to him or her. (3) If the owner or importer wishes to change
the horse's itinerary or the methods by which the horse is transported
from that which he or she specified in the application for the import
permit, the owner or importer must [[Page 411]] make the request for
change in writing to the Administrator. Requests should be sent to the
Administrator, c/o Import-Export Animals Staff, VS, APHIS, 4700
River Road Unit 39, Riverdale, MD 20737-1231. The change in itinerary or
method of transport may not be made without the written approval of the
Administrator, who may grant the request for change when he or she
determines that granting the request will not endanger other horses in the
United States and that sufficient APHIS personnel are available to provide
the services required by the owner or importer. If more than one
application for an import permit is received, APHIS personnel will
be assigned in the order that the applications that otherwise meet the
requirements of this section are received. (4) The Administrator may
cancel, orally or in writing, the import permit provided for under
Sec. 93.304 of this part whenever the Administrator finds that the
owner or importer of the horse has not complied with the provisions of
paragraphs (f)(1) through (f)(3) of this section or any conditions imposed
under those provisions. If the cancellation is oral, the Administrator
will confirm the cancellation and the reasons for the cancellation in
writing as soon as circumstances permit. Any person whose import
permit is canceled may appeal the decision in writing to the Administrator
within 10 days after receiving oral or written notification of the
cancellation, whichever is earlier. If the appeal is sent by mail, it must
be postmarked within 10 days after the owner or importer receives oral or
written notification of the cancellation, whichever is earlier. The appeal
must include all of the facts and reasons upon which the person relies to
show that the import permit was wrongfully canceled. The
Administrator will grant or deny the appeal in writing as promptly as
circumstances permit, stating the reason for his or her decision. If there
is a conflict as to any material fact, a hearing will be held to resolve
the conflict. Rules of practice concerning the hearing will be adopted by
the Administrator. (5) Except in those cases where an appeal is in
process, any person whose import permit is canceled must move the
horse identified in the import permit out of the United States
within 10 days after receiving oral or written notification of
cancellation, whichever is earlier. The horse is not permitted to enter
competition from the date the owner or importer receives the notice of
cancellation until the horse is moved out of the United States or until
resolution of an appeal in favor of the owner or importer. Except when
being exercised, the horse must be kept, at the expense of the owner or
importer, in a stall on the premises where the horse is located when the
notice of cancellation is received, or, if the horse is in transit when
the notice of cancellation is received, on the premises where it is next
scheduled to compete according to the import permit. The stall in
which the horse is kept must be separated from other stalls containing
horses, either by an empty stall, by an open area across which horses
cannot touch each other, or a by solid wall that is at least 8 feet (2.4
m) high. In cases where the owners of the above specified premises do not
permit the horse to be kept on those premises, or when the Administrator
determines that keeping the horse on the above specified premises will
pose a disease risk to horses in the United States, the horse must be
kept, at the expense of the owner or importer, on an alternative premises
approved by the Administrator. (6) Stallions or mares over 731 days of age
that are imported for no more than 90 days in accordance with paragraphs
(f)(1) through (f)(3) of this section may be eligible to remain in the
United States if the following is completed: (i) Following completion of
the itinerary specified in the import permit provided for in Sec.
93.304 of this part, the horse's owner or importer applies for and
receives a new import permit that specifies that the stallion or
mare will be moved to an approved State listed in paragraph (h)(6) or
(h)(7) of this section; and (ii) The stallion or mare is transported in a
sealed vehicle that has been cleaned and disinfected to an approved
facility in an approved State where it is quarantined under State or
Federal supervision until the stallion or mare [[Page 412]] has met the
testing and treatment requirements of paragraph (e)(3) or (e)(5) of this
section. (7) All costs and charges associated with the supervision and
maintenance of a horse imported under paragraphs (f)(1) through (f)(3) of
this section will be borne by the horse's owner or importer. The costs
associated with the supervision and maintenance of the horse by an APHIS
representative at his or her usual places of duty will be reimbursed by
the horse's owner or importer through user fees payable under part 130 of
this chapter. (8) In the event that an APHIS representative must be
temporarily detailed from his or her usual place of duty in connection
with the supervision and maintenance of a horse imported under paragraphs
(f)(1) through (f)(3) of this section, the owner or importer of the horse
must execute a trust fund agreement with APHIS to reimburse all expenses
(including travel costs, salary, per diem or subsistence, administrative
expenses, and incidental expenses) incurred by the Department in
connection with the temporary detail. Under the trust fund agreement, the
horse's owner or importer must deposit with APHIS an amount equal to the
estimated cost, as determined by APHIS, for the APHIS representative to
inspect the premises at which the horse will compete, to conduct the
monitoring required by paragraph (f)(2)(ii) of this section, and to
supervise the cleaning and disinfection required by paragraph (f)(2)(vi)
of this section. The estimated costs will be based on the following
factors: (i) Number of hours needed for an APHIS representative to conduct
the required inspection and monitoring; (ii) For services provided during
regular business hours (8 a.m. to 4:30 p.m., Monday through Saturday,
except holidays), the average salary, per hour, for an APHIS
representative; (iii) For services provided outside regular business
hours, the applicable rate for overtime, night differential, or Sunday or
holiday pay, based on the average salary, per hour, for an APHIS
representative; (iv) Number of miles from the premises at which the horse
competes to the APHIS office or facility that is monitoring the
activities; (v) Government rate per mile for automobile travel or, if
appropriate, cost of other means of transportation between the premises at
which the horse competes and the APHIS office or facility; (vi) Number of
trips between the premises at which the horse competes and the APHIS
office or facility that APHIS representatives are required to make in
order to conduct the required inspection and monitoring; (vii) Number of
days the APHIS representative conducting the inspection and monitoring
must be in ``travel status;'' (viii) Applicable government per diem rate;
and (ix) Cost of related administrative support services. (9) If a trust
fund agreement with APHIS has been executed by the owner or importer of a
horse in accordance with paragraph (f)(8) of this section and APHIS
determines, during the horse's stay in the United States, that the amount
deposited will be insufficient to cover the services APHIS is scheduled to
provide during the remainder of the horse's stay, APHIS will issue to the
horse's owner or importer a bill to restore the deposited amount to a
level sufficient to cover the estimated cost to APHIS for the remainder of
the horse's stay in the United States. The horse's owner or importer must
pay the amount billed within 14 days after receiving the bill. If the bill
is not paid within 14 days after its receipt, APHIS will cease to perform
the services provided for in paragraph (f)(2) of this section until the
bill is paid. The Administrator will inform the owner or importer of the
cessation of services orally or in writing. If the notice of cessation is
oral, the Administrator will confirm, in writing, the notice of cessation
and the reason for the cessation of services as soon as circumstances
permit. In such a case, the horse must be kept, at the expense of the
owner or importer and until the bill is paid, in a stall either on the
premises at which the horse is located when the notice of cessation of
services is received, or, if the horse is in transit when the notice of
cessation of services is received, on [[Page 413]] the premises at which
it is next scheduled to compete according to the import permit. The
stall in which the horse is kept must be separated from other stalls
containing horses either by an empty stall, an open area across which
horses cannot touch each other, or a solid wall that is at least 8 feet
(2.4 m) high. In cases where the owners of the above specified premises do
not permit the horse to be kept on those premises, or when the
Administrator determines that keeping the horse on the above specified
premises will pose a disease risk to other horses in the United States,
the horse must be kept, at the expense of the owner or importer, on an
alternative premises approved by the Administrator. Until the bill is
paid, the horse is not permitted to enter competition. Any amount
deposited in excess of the costs to APHIS to provide the required services
will be refunded to the horse's owner or importer. (g) Special provisions
for the importation of horses that have been temporarily exported to a CEM-affected
region. If a horse has been temporarily exported for not more than 60 days
from the United States to a CEM-affected region listed in paragraph (c)(1)
of this section, or if a horse has been temporarily exported for not more
than 60 days from another region not known to be affected with CEM to a
CEM-affected region during the 12 months preceding its exportation to the
United States, the horse may be eligible for return or importation into
the United States without meeting the requirements of paragraphs (d)
through (f) of this section under the following conditions: (1) The horse
must be accompanied by a certificate that meets the requirements of Sec.
93.314(a) of this part issued by each CEM-affected region that the
horse has visited during the term of its temporary exportation, and each
certificate must contain the following additional declarations: (i) That
the horse was held separate and apart from all other horses except for the
time it was actually participating in an event or was being exercised by
its trainer; (ii) That the premises on which the horse was held were not
used for any equine breeding purpose; (iii) That the horse was not bred to
or bred by any animal, nor did it have any other sexual contact or genital
examination while in such region; and (iv) That all transport while in
such region was carried out in cleaned and disinfected vehicles in which
no other horses were transported since such cleaning and disinfection; (2)
The horse is accompanied by an import permit issued in accordance
with Sec. 93.304 of this part at the time of exportation; (3) If
the horse was temporarily exported from the United States and is being
returned to the United States, the horse must be accompanied by a copy of
the United States health certificate issued for its exportation from the
United States and endorsed in accordance with the export regulations in
part 91 of this chapter; (4) The horse must be examined by an inspector at
the U.S. port of entry and found by the inspector to be the identical
horse covered by the documents required by paragraphs (a) through (c) of
this section and found by the inspector to be free of communicable disease
and exposure thereto; and (5) The horse must be quarantined and tested at
the U.S. port of entry as provided in Sec. 93.308 of this part
prior to release. (h) Approval of States. In order for a State to be
approved to receive stallions or mares over 731 days of age from a CEM-affected
region listed in paragraph (c)(1) of this section that are imported under
paragraph (e) of this section, the State must meet the following
conditions: (1) The State must enter into a written agreement with the
Administrator, whereby the State agrees to enforce its laws and
regulations to control CEM and to abide by the conditions of approval
established by the regulations in this part. (2) The State must agree to
quarantine all stallions and mares over 731 days of age imported under the
provisions of paragraph (e) of this section until the stallions have been
treated in accordance with paragraph (e)(3) of this section and the mares
have been treated in accordance with paragraph (e)(5) of this section.
[[Page 414]] (3) The State must agree to quarantine all mares used to test
stallions for CEM until the mares have been released from quarantine in
accordance with paragraph (e)(4) of this section. (4) The State must have
laws or regulations requiring that stallions over 731 days of age imported
under paragraph (e) of this section be treated in the manner specified in
paragraph (e)(3) of this section, and that mares over 731 days of age
imported under paragraph (e) of this section be treated in the manner
specified in paragraph (e)(5) of this section. (5) Approval of any State
to receive stallions or mares imported from regions affected with CEM may
be suspended by the Administrator upon his or her determination that any
requirements of this section are not being met. After such action is
taken, the animal health authorities of the approved State will be
informed of the reasons for the action and afforded an opportunity to
present their views thereon before such suspension is finalized; however,
such suspension of approval shall continue in effect unless otherwise
ordered by the Administrator. In those instances where there is a conflict
as to the facts, a hearing shall be held to resolve such conflict. (6) The
following States have been approved to receive stallions over 731 days of
age imported under paragraph (e) of this section: The State of Alabama The
State of California The State of Colorado The State of Florida The State
of Georgia The State of Kentucky The State of Louisiana The State of
Maryland The State of Montana The State of New Hampshire The State of New
Jersey The State of New York The State of North Carolina The State of Ohio
The State of Oklahoma The State of Oregon The State of Rhode Island The
State of South Carolina The State of Tennessee The State of Texas The
State of Virginia The State of Wisconsin (7) The following States have
been approved to receive mares over 731 days of age imported under
paragraph (e) of this section: The State of Alabama The State of
California The State of Colorado The State of Florida The State of Georgia
The State of Kentucky The State of Louisiana The State of Maryland The
State of Montana The State of Hew Hampshire The State of New Jersey The
State of New York The State of North Carolina The State of Ohio The State
of Oklahoma The State of Oregon The State of Rhode Island The State of
South Carolina The State of Tennessee The State of Texas The State of
Virginia The State of Wisconsin (i) Approval of laboratories. (1) The
Administrator will approve a laboratory to conduct CEM cultures and tests
only after consulting with the State animal health official in the State
in which the laboratory is located and after determining that the
laboratory: (i) Has technical personnel assigned to conduct the CEM
culturing and testing who possess the following minimum qualifications:
(A) A bachelor's degree in microbiology; (B) A minimum of 2 years
experience working in a bacteriology laboratory; and (C) Experience
working with the CEM organism, including knowledge of the specific media
requirements, atmospheric requirements, and procedures for the isolation
and identification of the CEM organism.\10\
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\10\ When training regarding CEM culturing and testing is necessary, it
may be obtained at the National Veterinary Services Laboratories, Ames, IA
50010.
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(ii) Follows standard test protocols that will reliably and consistently
provide for the isolation and identification of the CEM organism; \11\ and
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\11\ Standard test protocols recommended by the National Veterinary
Services Laboratories and a list of approved laboratories can be obtained
from the National Veterinary Services Laboratories, Ames, IA 50010.
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[[Page 415]] (iii) Reports all official test results to the State animal
health official and the Veterinarian in Charge. (2) To retain approval,
the laboratory must meet the requirements prescribed in paragraph (i)(1)
of this section, and shall test with the CEM organism each lot of media it
prepares to ensure that the media will support growth of the laboratory's
reference culture. Media that will not support growth of the reference
culture must be discarded. (3) The Administrator may deny or withdraw
approval of any laboratory to conduct CEM culturing or testing upon a
determination that the laboratory does not meet the criteria for approval
or maintenance of approval under paragraphs (i)(1) and (i)(2) of this
section. (i) In the case of a denial of approval, the operator of the
laboratory will be informed of the reasons for denial and, upon request,
will be afforded an opportunity for a hearing with respect to the merits
or validity of the denial in accordance with rules of practice that will
be adopted for the hearing. (ii) In the case of a withdrawal of approval,
before such action is taken, the operator of the laboratory will be
informed of the reasons for the proposed withdrawal and, upon request,
will be afforded an opportunity for a hearing with respect to the merits
or validity of the proposed withdrawal in accordance with rules of
practice that will be adopted for the hearing. However, the withdrawal
will become effective pending a final determination in the hearing when
the Administrator determines that such action is necessary to protect the
public health, interest, or safety. The withdrawal will be effective upon
oral or written notification, whichever is earlier, to the operator of the
laboratory. In the event of oral notification, written confirmation will
be given as promptly as circumstances allow. The withdrawal will continue
in effect pending completion of the hearing and any judicial review of the
hearing, unless otherwise ordered by the Administrator. (iii) Approval for
a laboratory to conduct CEM culturing or testing will be automatically
withdrawn by the Administrator when the operator of the approved
laboratory notifies the National Veterinary Services Laboratories, Ames,
IA 50010, in writing, that the laboratory no longer conducts CEM culturing
and testing. (j) Examination and treatment for screwworm. Horses from
Angola, Argentina, Bahrain, Bangladesh, Benin, Bolivia, Botswana, Brazil,
Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Central African
Republic, China, Columbia, Congo, Dominican Republic, Ecuador, Equatorial
Guinea, French Guiana, Gabon, Gambia, Ghana, Guinea, Guinea- Bissau,
Guyana, Haiti, India, Indonesia, Iraq, Isla de Pascua (Easter Island, part
of Chile), Ivory Coast, Jamaica, Kenya, Kuwait, Laos, Lesotho, Liberia,
Macau, Malawi, Malaysia, Mali, Mauritania, Mozambique, Myanmar, Namibia,
Nigeria, Oman, Pacific Islands (Palau), Panama, Papua New Guinea, Paracel
Islands, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi Arabia,
Senegal, Sierra Leone, Singapore, South Africa, Spratly Islands, Sri
Lanka, Surinam, Swaziland, Taiwan, Tanzania, Thailand, Togo, Trinidad and
Tobago, Uganda, United Arab Emirates, Uruguay, Venezuela, Vietnam, Zaire,
Zambia, Zimbabwe, or any other region of the world where screwworm is
considered to exist may be imported into the United States only if they
meet the following requirements and all other applicable requirements of
this part: (1) A veterinarian must treat horses with ivermectin 3 to 5
days prior to the date of export to the United States according to the
recommended dose prescribed on the product's label. (2) Horses must be
examined for screwworm by a full-time salaried veterinary official of the
exporting country within 24 hours prior to shipment to the United States.
The official must fully examine the horses, including their external
genitalia. If horses are found to be infested with screwworm, they must be
treated until free from infestation. (3) At the time horses are loaded
onto a means of conveyance for export, a veterinarian must treat any
visible wounds on the animals with a solution of coumaphos dust at a
concentration of 5 percent active ingredient. (4) Horses must be
accompanied to the United States by a certificate [[Page 416]] signed by a
full-time salaried veterinary official of the exporting country. The
certificate must state that the horses, including their external
genitalia, have been thoroughly examined and found free of screwworm and
that the horses have been treated in accordance with paragraphs (j)(1) and
(j)(3) of this section. (5) Horses must be quarantined upon arrival in the
United States at an APHIS animal import center for at least 7 days.
(6) Horses must be examined for screwworm by a veterinarian within 24
hours after arrival at an APHIS animal import center in the United
States. The examining veterinarian must examine horses, including their
external genitalia, to determine whether the horse is infested with
screwworm. (7) Horses must be held at the animal import center for
a minimum of 7 days. On day 7, prior to the horses' release, the horses
must be examined by a veterinarian at the expense of the owner or broker.
For this examination, male horses must be tranquilized or sedated so that
the external genitalia of the horses can be thoroughly examined. If
screwworm is found during this examination, the horses must be held in
quarantine and treated until free of infestation. (Approved by the Office
of Management and Budget under control numbers 0579-0040 and 0579-0165)
[55 FR 31495, Aug. 2, 1990, as amended at 56 FR 15849-15852, Apr. 17,
1991; 56 FR 66781, Dec. 26, 1991; 57 FR 5931, Feb. 18, 1992; 57 FR 28080,
June 24, 1992; 59 FR 24888, May 13, 1994; 59 FR 67133, Dec. 29, 1994; 59
FR 67614, Dec. 30, 1994; 61 FR 52239, Oct. 7, 1996. Redesignated and
amended at 62 FR 56012, 56016, Oct. 28, 1997; 63 FR 6064, Feb. 6, 1998; 63
FR 40008, July 27, 1998; 65 FR 46860, Aug. 1, 2000; 65 FR 67622, Nov. 13,
2000; 65 FR 69238, Nov. 16, 2000; 65 FR 78899, Dec. 18, 2000; 65 FR 81727,
Dec. 27, 2000; 66 FR 55071, Nov. 1, 2001; 67 FR 11565, Mar. 15, 2002]
Sec. 93.302 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 region are subject to inspection without a warrant by properly
identified and designated inspectors 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 or she deems it necessary to enable him or her to
determine whether the means of conveyance or container is in fact so
contaminated. The principal operator of the means of conveyance and his or
her agent in charge of the means of conveyance shall comply with any such
requirement under 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 or she shall notify the principal operator of the means
of conveyance or his or her 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 [[Page 417]]
for use in transporting any article on the means of conveyance involved.
[55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012,
56016, Oct. 28, 1997]
Sec. 93.303
Ports designated for the importation of horses. (a) Air and ocean
ports. The following ports have APHIS inspection and quarantine facilities
necessary for quarantine stations and all horses shall be entered into the
United States through these stations, except as provided in paragraphs
(b), (c), (d), (e), and (f) of this section, Secs. 93.308(a), (b)
and (c) and 93.317: Los Angeles, California; Miami, Florida; and
Newburgh, New York. (b) Canadian border ports. (1) The following land
border ports are designated as having the necessary inspection facilities
for the entry of horses from Canada: Eastport, Idaho; Houlton and Jackman,
Maine; Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette,
Minnesota; Opheim, Raymond, and Sweetgrass, Montana; Alexandria Bay,
Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North
Dakota; Derby Line and Highgate Springs, Vermont; Blaine, Lynden,
Oroville, and Sumas, Washington. (2) International Falls, Minnesota, is
designated as a port of entry for horses from Canada. (c) Mexican border
ports. The following land border ports are designated for the entry of
horses from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio,
Presidio, and El Paso, Texas; Douglas, Naco, Nogales, Sasabe, and San
Luis, Arizona; Calexico and San Ysidro, California; and Antelope Wells,
Columbus, and Santa Teresa, New Mexico. (d) Limited ports. The following
ports are designated as having inspection facilities for the entry of
horses and horse products such as horse test specimens which do not appear
to require restraint and holding inspection facilities: Anchorage and
Fairbanks, Alaska; San Diego, California; Jacksonville, St.
Petersburg-Clearwater, and Tampa, Florida; Atlanta, Georgia; Honolulu,
Hawaii; Chicago, Illinois; New Orleans, Louisiana; Portland, Maine;
Baltimore, Maryland; Boston, Massachusetts; Minneapolis, Minnesota; Great
Falls, Montana; Dayton, Ohio; Portland, Oregon; San Juan, Puerto Rico;
Memphis, Tennessee (no live animals); Galveston and Houston, Texas; and
Seattle, Spokane, and Tacoma, Washington. (e) Ports and quarantine
facilities provided by the importer for horses. Horses, except horses from
or which have transited any region in which African horsesickness is
declared to exist,\12\ may be entered into the United States at any port
specified in paragraph (a) of this section, or at any other port
designated as an international port or airport by the U.S. Customs Service
and quarantined at quarantine facilities provided by the importer provided
that applicable provisions of Secs. 93.301(c), 93.304(a),
93.306, 93.308(a), (b) and (c), and 93.314 are met.
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\12\ Information as to the regions where African horsesickness is declared
to exist may be obtained from the Administrator.
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(f) 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 Administrator, with the concurrence of
the Secretary of the Treasury. [55 FR 31495, Aug. 2, 1990, as amended at
56 FR 15489, Apr. 17, 1991; 57 FR 37690, Aug. 20, 1992; 58 FR 45237, Aug.
27, 1993; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, May 11, 1995; 61 FR
52239, Oct. 7, 1996; 62 FR 27938, May 22, 1997. Redesignated and amended
at 62 FR 56012, Oct. 28, 1997; 64 FR 23179, Apr. 30, 1999; 65 FR 38178,
June 20, 2000] Effective Date Note: At 67 FR 68022, Nov. 8, 2002, Sec.
93.303(b)(1) was amended by removing the words ``Blaine, Lynden,'' and
by removing the comma immediately after the word ``Oroville'', effective
Jan. 7, 2003.
Sec. 93.304 Import
permits for horses from regions affected with CEM and for horse
specimens for diagnostic purposes; reservation fees for space at
quarantine facilities maintained by APHIS. (a) Application for permit;
reservation required. (1)(i) For horses from regions listed in Sec. 93.301(c)(1)
of the regulations, horses intended for quarantine at a quarantine
facility provided by the importer, and horse test specimens for diagnostic
screening purposes, intended [[Page 418]] for importation from any part of
the world, except as otherwise provided for in Secs. 93.315, 93.319,
and 93.321, the importer shall first apply for and obtain from
APHIS an import permit. The application shall specify the name and
address of the importer; the species, breed, number or quantity of horses
or horse test specimens to be imported; the purpose of the importation;
individual horse identification which includes a description of the horse,
name, age, markings, if any, registration number, if any, and tattoo or
eartag; the region of origin; the name and address of the exporter; the
port of embarkation in the foreign region; the mode of transportation,
route of travel, and the port of entry in the United States; the proposed
date of arrival of the horses or horse test specimens to be imported; and
the name of the person to whom the horses or horse test specimens 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 horses are susceptible, as well as vaccinations or other
precautionary treatments to which the horses or horse test specimens have
been subjected. Notice of any such requirements will be given to the
applicant in each case. (ii) Horses intended for importation under Sec.
93.301(f) of this part must meet the permit requirements of
paragraph (a)(1)(i) of this section. Additionally, for horses intended for
importation under Sec. 93.301(f) of this part, the horse's
owner or importer must include the following information with the
application for permit that is required by paragraph (a)(1)(i) of this
section: (A) That the application is being made for a horse that will
remain in the United States for no more than 90 days; (B) The names,
dates, and locations of the events in which the horse will compete while
in the United States; (C) The names and locations of the premises on which
the horse will be kept while in the United States, and the dates the horse
will be kept on each premises; and (D) The methods and routes by which the
horse will be transported while in the United States. (iii) Approval of an
application for a permit to import a horse under Sec. 93.301(f)
of this part is contingent upon a determination by the Administrator that
sufficient APHIS personnel are available to provide the services required.
If more than one application for an import permit is received,
APHIS personnel will be assigned in the order that applications that
otherwise meet the requirements of this section are received. (2) An
application for permit to import horses from regions listed in Sec.
93.301(c)(1) of the regulations, horses intended for
quarantine at a quarantine facility provided by the importer, may also be
denied because of: Communicable disease conditions in the area or region
of origin, or in a region 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 regions; the importer's failure to provide satisfactory evidence
concerning the origin, history, and health status of the horses; 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
Administrator believes require such denial to prevent the dissemination of
any communicable disease of livestock or poultry into the United States.
(3)(i) The importer or importer's agent shall pay or ensure payment of a
reservation fee for each lot of horses to be quarantined in a facility
maintained by USDA. For horses, the reservation fee shall be 100 percent
of the cost of providing care, feed, and handling during quarantine, as
estimated by the quarantine facility's veterinarian in charge. (ii) At the
time the importer or the importer's agent requests a reservation of
quarantine space, the importer or importer's agent shall pay the
reservation fee by check or U.S. money order [[Page 419]] or ensure
payment of the reservation fee by an irrevocable letter of credit from a
commercial bank (the effective date on such letter of credit shall run to
30 days after the date the horses are scheduled to be released from
quarantine); except that anyone who issues a check to the Department for a
reservation fee which is returned because of insufficient funds shall be
denied any further request for reservation of a quarantine space until the
outstanding amount is paid. (iii) Any reservation fee paid by check or
U.S. money order shall be applied against the expenses incurred for
services received by the importer or importer's agent in connection with
the quarantine for which the reservation was made. Any part of the
reservation fee which remains unused after being applied against the
expenses incurred for services received by the importer or the importer's
agent in connection with the quarantine for which the reservation was
made, shall be returned to the individual who paid the reservation fee. If
the reservation fee is ensured by a letter of credit, the Department will
draw against the letter of credit unless payment for services received by
the importer or importer's agent in connection with the quarantine is
otherwise made at least 3 days prior to the expiration date of the letter
of credit. (iv) Any reservation fee shall be forfeited if the importer or
the importer's agent fails to present for entry, within 24 hours following
the designated time of arrival, the horse for which the reservation was
made: Except that a reservation fee shall not be forfeited if the
Administrator determines that services, other than provided by carriers,
necessary for the importation of the horses within the required period are
unavailable because of unforeseen circumstances as determined by the
Administrator (such as the closing of an airport due to inclement weather
or the unavailability of the reserved space due to the extension of
another quarantine). (v) If the reservation fee was ensured by a letter of
credit and the fee is to be forfeited under paragraph (a)(3)(iv) of this
section, the Department will draw against the letter of credit unless the
reservation fee is otherwise paid at least 3 days prior to the expiration
date of the letter of credit. (vi) If a reservation is canceled, the
importer or the importer's agent will be charged a fee according to the
following schedule:
----------------------------------------------------------------------------------------------------------------
Cancellation date Fee
----------------------------------------------------------------------------------------------------------------
30 or more days before the scheduled 25 percent of the reservation fee.
reservation date. 15-29 days before the scheduled reservation 50 percent
of the reservation fee. date. Less than 15 days before the scheduled 100
percent of the reservation fee. reservation date.
----------------------------------------------------------------------------------------------------------------
(vii) If the reservation fee was ensured by a letter of credit, the
Department will draw the amount of the cancellation fee against the letter
of credit unless the cancellation fee is otherwise paid at least 3 days
prior to the expiration date of the letter of credit. (b) Permit. (1) 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 region of origin, and
it shall also be the responsibility of the importer to ensure that the
shipper presents the copy of the permit to the carrier and makes the
necessary arrangements for the original permit to accompany the shipment
to the specified U.S. port of entry for presentation to the collector of
customs. (2) Horses and horse test specimens for which a permit is
required under paragraph (a) of this section will be received at the port
of entry specified on the permit within the time prescribed in the permit,
which shall not exceed 14 days from the first day that the permit is
effective. (3) Horses and horse test specimens for which a permit is
required under paragraph (a) of this section will not be eligible for
entry if: (i) A permit has not been issued for the importation of the
horse or horse test specimen; [[Page 420]] (ii) If the horse or horse test
specimen is unaccompanied by the permit issued for its importation; (iii)
If the horse or horse test specimen is shipped from any port other than
the one designated in the permit; (iv) If the horse or horse test specimen
arrives in the United States at any port other than the one designated in
the permit; (v) If the horse or horse test specimen offered for entry
differs from that described in the permit; or (vi) If the horse or horse
test specimen is not handled as outlined in the application for the permit
and as specified in the permit issued. [55 FR 31495, Aug. 2, 1990, as
amended at 56 FR 15489, 15492, Apr. 2, 1991; 56 FR 15489, 15492, Apr. 17,
1991; 56 FR 63627, Dec. 5, 1991; 56 FR 66781, Dec. 26, 1991; 57 FR 27901,
June 23, 1992; 59 FR 31924, June 21, 1994; 59 FR 52237, Oct. 17, 1994; 60
FR 49752, Sept. 27, 1995; 61 FR 1699, Jan. 23, 1996; 61 FR 52239, 52245,
Oct. 7, 1996. Redesignated and amended at 62 FR 56012, 56016, Oct. 28,
1997; 67 FR 72830, Dec. 9, 2002]
Sec. 93.305 Declaration and
other documents for horses.
(a) The certificates, declarations, and affidavits required by the
regulations in this part shall be presented by the importer or his or her
agent to the collector of customs at the port of entry, upon arrival of
horses at such port, for the use of the veterinary inspector at the port
of entry. (b) For all horses offered for importation, the importer or his
or her 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 horses, the number, breed,
species, and purpose of the importation, the name of the person to whom
the horses will be delivered, and the location of the place to which such
delivery will be made.
Sec. 93.306 Inspection at the port of
entry. (a)
Inspection shall be made at the port of entry of all horses imported from
any part of the world except as provided in Secs. 93.318 and 93.323.
All horses 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
other horses shall be refused entry. Horses refused entry, unless exported
within a time fixed in each case by the Administrator of Veterinary
Service, and in accordance with other provisions he or she may require in
each case for their handling shall be disposed of as the 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 horses 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. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012,
56016, Oct. 28, 1997]
Sec. 93.307 Articles accompanying
horses. No
litter or manure, fodder or other aliment, nor any equipment such as
boxes, buckets, ropes, chains, blankets, or other things used for or about
horses governed by the regulations this part, shall be landed from any
conveyance except under such restrictions as the inspector in charge at
the port of entry shall direct.
Sec. 93.308 Quarantine requirements.
(a) Except as provided in this section and in Sec. 93.324, horses
intended for importation into the United States from any part of the world
shall be shipped directly to a port designated in Secs. 93.303 and
92.324 and be quarantined at said port until negative results to port of
entry tests are obtained and the horses are certified by the port
veterinarian to be free from clinical evidence of disease. (1) Except as
provided in Secs. 93.317 and 93.324, and except with respect
to horses from Argentina, Bermuda, and the British Virgin Islands, horses
intended for importation from the Western Hemisphere shall be quarantined
at a port designated in Sec. 93.303 for not less than 7 days to be
evaluated for signs of Venezuelan equine encephalomyelitis. [[Page 421]]
(2) Horses intended for importation from regions APHIS considers to be
affected with African horse sickness may enter the United States only at
the port of New York, and must be quarantined at the New York Animal
Import Center in Newburgh, New York, for at least 60 days. This
restriction also applies to horses that have stopped in or transited a
region considered affected with African horse sickness. APHIS considers
the following regions to be affected with African horse sickness: Oman,
Saudi Arabia, the Yemen Arab Republic, and all the regions on the
continent of Africa except Morocco. (3) To qualify for release from
quarantine, all horses, except horses from Iceland, must test negative to
official tests for dourine, glanders, equine piroplasmosis, and equine
infectious anemia.\14\ However, horses imported from Australia and New
Zealand are exempt from testing for dourine and glanders. In addition, all
horses must undergo any other tests, inspections, disinfections, and
precautionary treatments that may be required by the Administrator to
determine their freedom from communicable diseases.
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\14\ Because the official tests for dourine and glanders are performed
only at the National Veterinary Services Laboratories in Ames, IA, the
protocols for those tests have not been published and are, therefore, not
available; however, copies of ``Protocol for the Complement-Fixation Test
for Equine Piroplasmosis'' and ``Protocol for the Immunno-Diffusion
(Coggins) Test For Equine Infectious Anemia'' may be obtained from the
Animal and Plant Health Inspection Service, Veterinary Services, National
Center for Import-Export, 4700 River Road Unit 38, Riverdale, MD
20737-1231.
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(4) Any quarantine period required for a horse shall be counted using the
first day after arrival of the horse at the quarantine facility as the
first day of quarantine and may be extended for such additional period as
the Administrator may require to determine its freedom from disease. Any
horse which is positive to any of the port of entry tests named in this
paragraph or any other test required by the Administrator, or which is
found by the port veterinarian to exhibit evidence of communicable disease
during quarantine shall be refused entry into the United States and
removed by the importer to a country other than the United States within
10 days of the date that the importer is notified by APHIS that such horse
has been refused entry into the United States. Upon request, the
Administrator may grant additional time for the removal of a horse from
the United States in any case in which he or she determines that delay is
unavoidable due to unforseen circumstances and the additional time for
removal of the horse will not present a threat of the spread of
communicable disease to other animals in the United States. At the option
of the importer, such horse may be disposed of in accordance with such
conditions as the Administrator believes necessary to prevent the
dissemination of communicable disease into the United States. The importer
shall be responsible for all costs of such removal or disposal. (b)
Special provisions. Horses presented for entry into the United States as
provided in Sec. 93.303(e) of this part shall be quarantined in
facilities provided by the importer and approved by the Administrator.
Requests for approval and plans for proposed facilities shall be submitted
no less than 15 days before the proposed date of entry of horses into the
quarantine facility to the Animal and Plant Health Inspection Service,
Veterinary Services, National Center for Import-Export, 4700 River
Road, Unit 38, Riverdale, Maryland 20737-1231. Before the facility is
approved, an inspection of the facility shall be made by a Veterinary
Medical Officer of APHIS, to determine whether it complies with the
standards set forth in paragraph (c) of this section: Provided, however,
That approval of any quarantine facility and use of such facility shall be
contingent upon a determination made by the Administrator that adequate
personnel are available to provide services required by the facility.
Approval of any facility may be refused and approval of any approved
quarantine facility may be withdrawn at any time by the Administrator,
upon his or her determination that any requirement of this section is not
being met. Before such action is taken, the operator of the facility shall
be informed of the reasons for the proposed [[Page 422]] action by the
Administrator and afforded an opportunity to present his or her views
thereon. If there is a conflict as to any material fact, a hearing shall
be held to resolve such conflict. The cost of the facility and all
maintenance and operation costs of such facility shall be borne by the
importer. (c) Standards and handling procedures for approval of quarantine
facilities provided by the importer. To qualify for designation as an
approved quarantine facility provided by the importer for horses, the
facility shall be maintained and operated in accordance with the following
standards: (1) Supervision of the facility. The facility shall be under
the general supervision of an APHIS veterinarian. Inspection and
quarantine services shall be arranged by the importer of his or her agent
with the Veterinarian in Charge, Veterinary Services, APHIS, USDA, for the
State in which the approved facility is located,\15\ no less than 7 days
before the proposed date of entry of the horses into the quarantine
facility.
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\15\ The name and address of the Veterinarian in Charge of any State are
available from the Animal and Plant Health Inspection Service, Veterinary
Services, National Center for Import-Export, 4700 River Road Unit
38, Riverdale, Maryland 20737-1231.
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(2) Physical requirements for facilities--(i) Location. The facility shall
be located and constructed to prevent horses from having physical contact
with animals outside the facility. (ii) Construction. (A) The facility
shall be constructed only with materials that can withstand repeated
cleaning and disinfection in accordance with Secs. 71.7 and 71.10 of
subchapter C of this title. (All walls, floors and ceilings shall be
constructed of solid impervious material.) (B) Doors, windows, and other
openings of the facility shall be provided with double screens which will
prevent insects from entering the facility. (3) Sanitation and security. (i)
The importer shall arrange for a supply of water adequate to clean and
disinfect the facility in accordance with Secs. 71.7 and 71.10 of
subchapter C of this title. (ii) All feed and bedding used for horses in
approved quarantine facilities shall originate from an area not under
quarantine because of cattle fever ticks (see Secs. 72.3 and 72.5 of
subchapter C of this title) and shall be stored within the facility. (iii)
Upon the death or destruction of any horse, the importer shall arrange for
the disposal of the horse's carcass by incineration. Disposal of all other
waste removed from the facility during the time the horses are in
quarantine or from horses which are refused entry into the United States
shall be either by incineration or in a public sewer system which meets
all applicable environmental quality control standards. Following
completion of the quarantine period and the release of the horses into the
United States all waste may be removed from the quarantine facility
without further restriction. (iv) The facility shall be maintained and
operated in accordance with any additional requirements the Administrator
deems appropriate to prevent the dissemination of any communicable
disease. (v) The facility shall comply with all applicable local, State
and Federal requirements for environmental quality. (4) Operational
procedures. (i) Personnel. (A) Access to the facility shall be granted
only to persons working at the facility or to persons specifically granted
such access by the supervising APHIS veterinarian. (B) The importer shall
provide attendants for the care and feeding of horses while in the
quarantine facility. (C) Persons working in the quarantine facility shall
not come in contact with any horses outside the quarantine facility during
the quarantine period for any horses in such quarantine facility. (ii)
Handling of horses in quarantine. Horses offered for importation into the
United States which are quarantined in an approved quarantine facility
provided by the importer shall be handled in accordance with Sec. 93.308(a)
while in quarantine. [55 FR 31495, Aug. 2, 1990] Editorial Note: For
Federal Register citations affecting Sec. 93.308, see the List of
CFR Sections Affected, which appears in the Finding Aids section of the
printed volume and on GPO Access. [[Page 423]]
Sec. 93.309 Horse quarantine
facilities.
(a) Privately operated quarantine facilities. The importer, or his or her
agent, of horses subject to quarantine under the regulations in this part
shall arrange for acceptable transportation to the privately operated
quarantine facility and for the care, feed, and handling of the horses
from the time of unloading at the quarantine port to the time of release
from quarantine. Such arrangements shall be agreed to in advance by the
Administrator. All expenses resulting therefrom or incident thereto shall
be the responsibility of the importer; APHIS assumes no responsibility
with respect thereto. The quarantine facility must be suitable for the
quarantine of such horses and must be approved by the Administrator prior
to the issuance of any import permit. The facilities occupied by
horses should be kept clean and sanitary to the satisfaction of the
inspector assigned to supervise the quarantine. If for any cause the care,
feed, or handling of horses, or the sanitation of the facilities, is
neglected, in the opinion of the inspector assigned to supervise the
quarantine, such services may be furnished by APHIS in the same manner as
though arrangements had been made for such services as provided by
paragraph (b) of this section, and/or the horses may be disposed of as the
Administrator, may direct, including sale in accordance with the procedure
described in paragraph (b) of this section. The importer, or his or her
agent, shall request in writing such inspection and other services as may
be required, and shall waive all claim against the United States and APHIS
or any employee of APHIS for damages which may arise from such services.
The Administrator, may prescribe reasonable rates for the services
provided under this paragraph. When it is found necessary to extend the
usual minimum quarantine period, the importer, or his or her agent, shall
be so advised in writing and shall pay for such additional quarantine and
other services required. Payment for all services received by the
importer, or his or her agent, in connection with each separate lot of
horses shall be made by certified check or U.S. money order prior to
release of the horses. If such payment is not made, the horses may be sold
in accordance with the procedure described in paragraph (b) of this
section, or otherwise disposed of as directed by the Administrator. (b)
Quarantine facilities maintained by APHIS. The importer, or his or her
agent, of horses subject to quarantine under the regulations in this part
shall arrange for acceptable transportation to the quarantine facility,
and for the care, feed, and handling of the horses from the time they
arrive at the quarantine port to the time of release from quarantine. Such
arrangements shall be agreed to in advance by the Administrator. The
importer or his or her agent shall request in writing such inspection and
other services as may be required, and shall waive all claim against the
United States and APHIS or any employee of APHIS, for damages which may
arise from such services. All expenses resulting therefrom or incident
thereto shall be the responsibility of the importer; APHIS assumes no
responsibility with respect thereto. The Administrator may prescribe
reasonable rates for the services provided under this paragraph. When it
is found necessary to extend the usual minimum quarantine period, the
importer, or his or her agent, shall be so advised in writing and shall
pay for such additional quarantine and other services required. Payment
for services received by the importer, or his or her agent, in connection
with each separate lot of horses shall be made by certified check or U.S.
money order prior to release of the horses. If such payment is not made,
the horses may be sold in accordance with the procedure described in this
paragraph or otherwise disposed of as directed by the Administrator. When
payment is not made and the horses are to be sold to recover payment for
services received, the importer, or his or her agent, will be notified by
the inspector that if said charges are not immediately paid or
satisfactory arrangements made for payment, the horses will be sold at
public sale to pay the expense of care, feed, and handling during that
period. The sale will be held after the expiration of the quarantine
period, at such time and place as may be designated by the General
Services Administration or [[Page 424]] other designated selling agent.
The proceeds of the sale, after deducting the charges for care, feed, and
handling of the horses and other expenses, including the expense of the
sale, shall be held in a Special Deposit Account in the United States
Treasury for 6 months from the date of sale. If not claimed by the
importer, or his or her agent, within 6 months from the date of sale, the
amount so held shall be transferred from the Special Deposit Account to
the General Fund Account in the United States Treasury. (c) Amounts
collected from the importer, or his or her agent, for service rendered
shall be deposited so as to be available for defraying the expenses
involved in this service.
Sec. 93.310 Quarantine stations,
visiting restricted; sales prohibited. Visitors shall not be admitted to
the quarantine enclosure during any time that horses are in quarantine
except that an importer (or his or her accredited agent or veterinarian)
may be admitted to the yards and buildings containing his or her
quarantined horses at such intervals as may be deemed necessary, and under
such conditions and restrictions as may be imposed, by the inspector in
charge of the quarantine station. On the last day of the quarantine
period, owners, officers or registry societies, and others having official
business or whose services may be necessary in the removal of the horses
may be admitted upon written permission from the said inspector. No
exhibition or sale shall be allowed within the quarantine grounds.
Sec. 93.311 Milk from quarantined
horses. Milk
or cream from horses quarantined under the provisions of this part shall
not be used by any person other than those in charge of such horses, nor
be fed to any animals other than those within the same enclosure, without
permission of the inspector in charge of the quarantine station and
subject to such restrictions as he or she may consider necessary to each
instance. No milk or cream shall be removed from the quarantine premises
except in compliance with all State and local regulations.
Sec. 93.312 Manure from quarantined
horses. No
manure shall be removed from the quarantine premises until the release of
the horses producing same.
Sec. 93.313 Appearance of disease
among horses in quarantine.
If any contagious disease appears among horses during the quarantine
period special precautions shall be taken to prevent spread of the
infection to other animals in the quarantine station or to those outside
the grounds. The affected horses shall be disposed of as the Administrator
may direct, depending upon the nature of the disease.
Sec. 93.314 Horses, certification, and
accompanying equipment.
(a) Horses 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 region of origin, or if exported from Mexico,
shall be accompanied either by such a certificate or by a certificate
issued by a veterinarian accredited by the National Government of Mexico
and endorsed by a full-time salaried veterinary officer of the National
Government of Mexico, thereby representing that the veterinarian issuing
the certificate was authorized to do so, showing that: (1) The horses
described in the certificate have been in said region during the 60 days
preceding exportation; (2) That each horse has been inspected on the
premises of origin and found free of evidence of communicable disease and,
insofar as can be determined, exposure thereto during the 60 days
preceding exportation; (3) That each horse has not been vaccinated with a
live or attenuated or inactivated vaccine during the 14 days preceding
exportation: Provided, however, that in specific cases the Administrator
may authorize horses that have been vaccinated with an inactivated vaccine
to enter the United States when he or she determines that in such cases
and under such conditions as he or she may prescribe such importation will
not endanger the livestock in the United States, and such horses comply
with all other applicable requirements of this part; [[Page 425]] (4)
That, insofar as can be determined, no case of African horse sickness,
dourine, glanders, surra, epizootic lymphangitis, ulcerative lymphangitis,
equine piroplasmosis, Venezuelan equine encephalomyelitis, vesicular
stomatitis, or equine infectious anemia has occurred on the premises of
origin or on adjoining premises during the 60 days preceding exportation;
and (5) That, except as provided in Sec. 93.301(g): (i) The
horses have not been in any region listed in Sec. 93.301(c)(1)
as affected with CEM during the 12 months immediately prior to their
importation into the United States; (ii) The horses have not been on any
premises at any time during which time such premises were found by an
official of the veterinary services of the national government of the
region where such premises are located, to be affected with CEM; (iii) The
horses have not been bred by or bred to any horses from an affected
premises; and (iv) The horses have had no other contact with horses that
have been found to be affected with CEM or with horses that were imported
from regions affected with CEM. (b) If a horse is presented for
importation from a region where it has been for less than 60 days, the
horse must be accompanied by a certificate that meets the requirements of
paragraph (a) of this section that has been issued by a salaried
veterinary officer of the national government of each region in which the
horse has been during the 60 days immediately preceding its shipment to
the United States. The dates during which the horse was in each region
during the 60 days immediately preceding its exportation to the United
States shall be included as a part of the certification. (c) Following the
port-of-entry inspection required by Sec. 93.306 of this part, and
before a horse offered for importation from any part of the world is
released from the port of entry, an inspector may require the horse and
its accompanying equipment to be disinfected as a precautionary measure
against the introduction of foot-and-mouth disease or any other disease
dangerous to the livestock of the United States. [61 FR 52245, Oct. 7,
1996. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997; 63 FR
53783, Oct. 7, 1998] Canada \16\
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\16\ Importations from Canada shall be subject to Secs. 93.315,
93.316, 93.317 and 93.318, in addition to other sections
in this part which are in terms applicable to such importations.
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