[Title 9 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 1998 Edition]
[From the U.S. Government Printing Office]


[[Page i]]

          9



          Animals and Animal Products



          PARTS 1 to 199

                         Revised as of January 1, 1998

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT
          AS OF JANUARY 1, 1998

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration
          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1998



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 9:
    Chapter I--Animal and Plant Health Inspection Service, 
        Department of Agriculture.............................       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     803
    Table of CFR Titles and Chapters..........................     805
    Alphabetical List of Agencies Appearing in the CFR........     821
    List of CFR Sections Affected.............................     831



[[Page iv]]


      


----------------------------------------------------------------

   Cite this Code:  CFR

   To cite the regulations in this volume use title, part and
   section number. Thus,  9 CFR 1.1 refers to title 9, part 1,
   section 1.

----------------------------------------------------------------


[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 1998), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg,nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The texts of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the 1995 Privacy Act Compilation are 
available in electronic format at www.access.gpo.gov/nara/index.html. 
For more information, contact Electronic Information Dissemination 
Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-
293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.
    The Office of the Federal Register maintains a free electronic 
bulletin board service, FREND (Federal Register Electronic News 
Delivery), for public law numbers, Federal Register finding aids, and 
related information. To access by modem: phone, 202-275-0920.
    In addition, the Federal Register's public inspection list and table 
of contents are also available on the National Archives and Records 
Administration's Fax-on-Demand system. Phone, 301-713-6905.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 1998.



[[Page ix]]



                               THIS TITLE

    Title 9--Animals and Animal Products is composed of two volumes. The 
first volume contains chapter I--Animal and Plant Health Inspection 
Service, Department of Agriculture (parts 1-199). The second volume 
contains chapter II--Packers and Stockyards Administration, Department 
of Agriculture and chapter III--Food Safety and Inspection Service, Meat 
and Poultry Inspection, Department of Agriculture (part 200-End). The 
contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 1998.

    For this volume, Ruth Reedy Green was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]




[[Page 1]]



                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS




                   (This book contains parts 1 to 199)

  --------------------------------------------------------------------



   Editorial Note: Other regulations issued by the Department of 
Agriculture appear in title 7, title 36, chapter II, and title 41, 
chapter 4.
                                                                    Part

Chapter i--Animal and Plant Health Inspection Service, 
  Department of Agriculture.................................           1


[[Page 3]]



CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------

                      SUBCHAPTER A--ANIMAL WELFARE
Part                                                                Page
1               Definition of terms.........................           7
2               Regulations.................................          12
3               Standards...................................          42
4               Rules of practice governing proceedings 
                    under the Animal Welfare Act............         115
11              Horse protection regulations................         115
12              Rules of practice governing proceedings 
                    under the Horse Protection Act..........         132
   SUBCHAPTER B--COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR 
                            POULTRY DISEASES

49              Rules of practice governing proceedings 
                    under certain acts......................         134
50              Animals destroyed because of tuberculosis...         134
51              Animals destroyed because of brucellosis....         142
52

[Reserved]

53              Foot-and-mouth disease, pleuropneumonia, 
                    rinderpest, and certain other 
                    communicable diseases of livestock or 
                    poultry.................................         150
54              Control of scrapie..........................         153
55-56

[Reserved]

 SUBCHAPTER C--INTERSTATE TRANSPORTATION OF ANIMALS (INCLUDING POULTRY) 
                           AND ANIMAL PRODUCTS

70              Rules of practice governing proceedings 
                    under certain acts......................         157
71              General provisions..........................         157
72              Texas (splenetic) fever in cattle...........         173
73              Scabies in cattle...........................         184
74

[Reserved]

[[Page 4]]

75              Communicable diseases in horses, asses, 
                    ponies, mules, and zebras...............         191
76

[Reserved]

77              Tuberculosis................................         194
78              Brucellosis.................................         199
79              Scrapie in sheep and goats..................         235
80              Paratuberculosis in domestic animals........         238
82              Exotic Newcastle Disease (END) and 
                    chlamydiosis; poultry disease caused by 
                    salmonella enteritidis serotype 
                    enteritidis.............................         241
85              Pseudorabies................................         263
89              Statement of policy under the Twenty-Eight 
                    Hour Law................................         276
SUBCHAPTER D--EXPORTATION AND IMPORTATION OF ANIMALS (INCLUDING POULTRY) 
                           AND ANIMAL PRODUCTS

91              Inspection and handling of livestock for 
                    exportation.............................         279
92              Importation of animals and animal products: 
                    procedures for requesting recognition of 
                    regions.................................         295
93              Importation of certain animals, birds, and 
                    poultry, and certain animal, bird, and 
                    poultry products; requirements for means 
                    of conveyance and shipping containers...         297
94              Rinderpest, foot-and-mouth disease, fowl 
                    pest (fowl plague), exotic newcastle 
                    disease, african swine fever, hog 
                    cholera, and bovine spongiform 
                    encephalopathy: prohibited and 
                    restricted importations.................         419
95              Sanitary control of animal byproducts 
                    (except casings), and hay and straw, 
                    offered for entry into the United States         454
96              Restriction of importations of foreign 
                    animal casings offered for entry into 
                    the United States.......................         466
97              Overtime services relating to imports and 
                    exports.................................         471
98              Importation of certain animal embryos and 
                    animal semen............................         477
99              Rules of practice governing proceedings 
                    under certain acts......................         499
SUBCHAPTER E--VIRUSES, SERUMS, TOXINS, AND ANALOGOUS PRODUCTS; ORGANISMS 
                               AND VECTORS

101             Definitions.................................         501
102             Licenses for biological products............         506
103             Experimental production, distribution, and 
                    evaluation of biological products prior 
                    to licensing............................         509

[[Page 5]]

104             Permits for biological products.............         511
105             Suspension, revocation, or termination of 
                    biological licenses or permits..........         514
106             Exemption for biological products used in 
                    department programs or under department 
                    control or supervision..................         515
107             Exemptions from preparation pursuant to an 
                    unsuspended and unrevoked license.......         516
108             Facility requirements for licensed 
                    establishments..........................         517
109             Sterilization and pasteurization at licensed 
                    establishments..........................         520
112             Packaging and labeling......................         521
113             Standard requirements.......................         530
114             Production requirements for biological 
                    products................................         659
115             Inspections.................................         669
116             Records and reports.........................         669
117             Animals at licensed establishments..........         672
118             Detention; seizure and condemnation.........         673
122             Organisms and vectors.......................         675
123             Rules of practice governing proceedings 
                    under the Virus-Serum-Toxin Act.........         676
124             Patent term restoration.....................         676
                         SUBCHAPTER F--USER FEES
130             User fees...................................         682
                    SUBCHAPTER G--POULTRY IMPROVEMENT
145             National Poultry Improvement Plan...........         696
146

[Reserved]

147             Auxiliary provisions on National Poultry 
                    Improvement Plan........................         732
                       SUBCHAPTER H--ANIMAL BREEDS

151             Recognition of breeds and books of record of 
                    purebred animals........................         770
      SUBCHAPTER I--VOLUNTARY INSPECTION AND CERTIFICATION SERVICE

156             Voluntary inspection and certification 
                    service.................................         781
     SUBCHAPTER J--ACCREDITATION OF VETERINARIANS AND SUSPENSION OR 
                    REVOCATION OF SUCH ACCREDITATION

160             Definition of terms.........................         784
161             Requirements and standards for accredited 
                    veterinarians and suspension or 
                    revocation of such accreditation........         785

[[Page 6]]

162             Rules of practice governing revocation or 
                    suspension of veterinarians' 
                    accreditation...........................         790
                    SUBCHAPTER K--PUBLIC INFORMATION

165             Availability of information.................         792
                  SUBCHAPTER L--SWINE HEALTH PROTECTION

166             Swine health protection.....................         793
167             Rules of practice governing proceedings 
                    under the Swine Health Protection Act...         799
168-199

[Reserved]

[[Page 7]]



                      SUBCHAPTER A--ANIMAL WELFARE





PART 1--DEFINITION OF TERMS--Table of Contents




    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).



Sec. 1.1  Definitions.

    For the purposes of this subchapter, unless the context otherwise 
requires, the following terms shall have the meanings assigned to them 
in this section. The singular form shall also signify the plural and the 
masculine form shall also signify the feminine. Words undefined in the 
following paragraphs shall have the meaning attributed to them in 
general usage as reflected by definitions in a standard dictionary.
    Act means the Act of August 24, 1966 (Pub. L. 89-544), (commonly 
known as the Laboratory Animal Welfare Act), as amended by the Act of 
December 24, 1970 (Pub. L. 91-579), (the Animal Welfare Act of 1970), 
the Act of April 22, 1976 (Pub. L. 94-279), (the Animal Welfare Act of 
1976), and the Act of December 23, 1985 (Pub. L. 99-198), (the Food 
Security Act of 1985), and as it may be subsequently amended.
    Activity means, for purposes of part 2, subpart C of this 
subchapter, those elements of research, testing, or teaching procedures 
that involve the care and use of animals.
    Administrative unit means the organizational or management unit at 
the departmental level of a research facility.
    Administrator means the Administrator of the Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture, or any other 
official of the Animal and Plant Health Inspection Service to whom 
authority has been delegated to act in his stead.
    Ambient temperature means the air temperature surrounding the 
animal.
    Animal means any live or dead dog, cat, nonhuman primate, guinea 
pig, hamster, rabbit, or any other warmblooded animal, which is being 
used, or is intended for use for research, teaching, testing, 
experimentation, or exhibition purposes, or as a pet. This term 
excludes: Birds, rats of the genus Rattus and mice of the genus Mus bred 
for use in research, and horses not used for research purposes and other 
farm animals, such as, but not limited to livestock or poultry, used or 
intended for use as food or fiber, or livestock or poultry used or 
intended for use for improving animal nutrition, breeding, management, 
or production efficiency, or for improving the quality of food or fiber. 
With respect to a dog, the term means all dogs, including those used for 
hunting, security, or breeding purposes.
    Animal act means any performance of animals where such animals are 
trained to perform some behavior or action or are part of a show, 
performance, or exhibition.
    APHIS means the Animal and Plant Health Inspection Service, United 
States Department of Agriculture.
    APHIS official means any person employed by the Department who is 
authorized to perform a function under the Act and the regulations in 9 
CFR parts 1, 2, and 3.
    APHIS, REAC Sector Supervisor means a veterinarian or his designee, 
employed by APHIS, who is assigned by the Administrator to supervise and 
perform the official work of APHIS in a given State or States. As used 
in part 2 of this subchapter, the APHIS, REAC Sector Supervisor shall be 
deemed to be the person in charge of the official work of APHIS in the 
State in which the dealer, exhibitor, research facility, intermediate 
handler, carrier, or operator of an auction sale has his principal place 
of business.
    Attending veterinarian means a person who has graduated from a 
veterinary school accredited by the American Veterinary Medical 
Association's Council on Education, or has a certificate issued by the 
American Veterinary Medical Association's Education Commission for 
Foreign Veterinary Graduates, or has received equivalent formal 
education as determined by the Administrator; has received training and/
or experience in the care and management of the species being attended; 
and who has direct or delegated authority for activities involving 
animals at a facility subject to the jurisdiction of the Secretary.

[[Page 8]]

    Business hours means a reasonable number of hours between 7 a.m. and 
7 p.m., Monday through Friday, except for legal Federal holidays, each 
week of the year, during which inspections by APHIS may be made.
    Business year means the 12-month period during which business is 
conducted, and may be either on a calendar or fiscal-year basis.
    Carrier means the operator of any airline, railroad, motor carrier, 
shipping line, or other enterprise which is engaged in the business of 
transporting any animals for hire.
    Cat means any live or dead cat (Felis catus) or any cat-hybrid 
cross.
    Class ``A'' licensee (breeder) means a person subject to the 
licensing requirements under part 2 and meeting the definition of a 
``dealer'' (Sec. 1.1), and whose business involving animals consists 
only of animals that are bred and raised on the premises in a closed or 
stable colony and those animals acquired for the sole purpose of 
maintaining or enhancing the breeding colony.
    Class ``B'' licensee means a person subject to the licensing 
requirements under part 2 and meeting the definition of a ``dealer'' 
(Sec. 1.1), and whose business includes the purchase and/or resale of 
any animal. This term includes brokers, and operators of an auction 
sale, as such individuals negotiate or arrange for the purchase, sale, 
or transport of animals in commerce. Such individuals do not usually 
take actual physical possession or control of the animals, and do not 
usually hold animals in any facilities. A class ``B'' licensee may also 
exhibit animals as a minor part of the business.
    Class ``C'' licensee (exhibitor) means a person subject to the 
licensing requirements under part 2 and meeting the definition of an 
``exhibitor'' (Sec. 1.1), and whose business involves the showing or 
displaying of animals to the public. A class ``C'' licensee may buy and 
sell animals as a minor part of the business in order to maintain or add 
to his animal collection.
    Commerce means trade, traffic, transportation, or other commerce:
    (1) Between a place in a State and any place outside of such State, 
including any foreign country, or between points within the same State 
but through any place outside thereof, or within any territory, 
possession, or the District of Columbia; or
    (2) Which affects the commerce described in this part.
    Committee means the Institutional Animal Care and Use Committee 
(IACUC) established under section 13(b) of the Act. It shall consist of 
at least three (3) members, one of whom is the attending veterinarian of 
the research facility and one of whom is not affiliated in any way with 
the facility other than as a member of the committee, however, if the 
research facility has more than one Doctor of Veterinary Medicine (DVM), 
another DVM with delegated program responsibility may serve. The 
research facility shall establish the Committee for the purpose of 
evaluating the care, treatment, housing, and use of animals, and for 
certifying compliance with the Act by the research facility.
    Dealer means any person who, in commerce, for compensation or 
profit, delivers for transportation, or transports, except as a carrier, 
buys, or sells, or negotiates the purchase or sale of: Any dog or other 
animal whether alive or dead (including unborn animals, organs, limbs, 
blood, serum, or other parts) for research, teaching, testing, 
experimentation, exhibition, or for use as a pet; or any dog for 
hunting, security, or breeding purposes. This term does not include: A 
retail pet store, as defined in this section, unless such store sells 
any animals to a research facility, an exhibitor, or a dealer 
(wholesale); or any person who does not sell, or negotiate the purchase 
or sale of any wild or exotic animal, dog, or cat and who derives no 
more than $500 gross income from the sale of animals other than wild or 
exotic animals, dogs, or cats, during any calendar year.
    Department means the U.S. Department of Agriculture.
    Deputy Administrator means the Deputy Administrator for Regulatory 
Enforcement and Animal Care (REAC) or any other official of REAC to whom 
authority has been delegated to act in his stead.
    Dog means any live or dead dog (Canis familiaris) or any dog-hybrid 
cross.

[[Page 9]]

    Dwarf hamster means any species of hamster such as the Chinese and 
Armenian species whose adult body size is substantially less than that 
attained by the Syrian or Golden species of hamsters.
    Endangered species means those species defined in the Endangered 
Species Act (16 U.S.C. 1531 et seq.) and as it may be subsequently 
amended.
    Euthanasia means the humane destruction of an animal accomplished by 
a method that produces rapid unconsciousness and subsequent death 
without evidence of pain or distress, or a method that utilizes 
anesthesia produced by an agent that causes painless loss of 
consciousness and subsequent death
    Exhibitor means any person (public or private) exhibiting any 
animals, which were purchased in commerce or the intended distribution 
of which affects commerce, or will affect commerce, to the public for 
compensation, as determined by the Secretary. This term includes 
carnivals, circuses, animal acts, zoos, and educational exhibits, 
exhibiting such animals whether operated for profit or not. This term 
excludes retail pet stores, horse and dog races, organizations 
sponsoring and all persons participating in State and county fairs, 
livestock shows, rodeos, field trials, coursing events, purebred dog and 
cat shows and any other fairs or exhibitions intended to advance 
agricultural arts and sciences as may be determined by the Secretary.
    Exotic animal means any animal not identified in the definition of 
``animal'' provided in this part that is native to a foreign country or 
of foreign origin or character, is not native to the United States, or 
was introduced from abroad. This term specifically includes animals such 
as, but not limited to, lions, tigers, leopards, elephants, camels, 
antelope, anteaters, kangaroos, and water buffalo, and species of 
foreign domestic cattle, such as Ankole, Gayal, and Yak.
    Farm animal means any domestic species of cattle, sheep, swine, 
goats, llamas, or horses, which are normally and have historically, been 
kept and raised on farms in the United States, and used or intended for 
use as food or fiber, or for improving animal nutrition, breeding, 
management, or production efficiency, or for improving the quality of 
food or fiber. This term also includes animals such as rabbits, mink, 
and chinchilla, when they are used solely for purposes of meat or fur, 
and animals such as horses and llamas when used solely as work and pack 
animals.
    Federal agency means an Executive agency as such term is defined in 
section 105 of title 5, United States Code, and with respect to any 
research facility means the agency from which the research facility 
receives a Federal award for the conduct of research, experimentation, 
or testing involving the use of animals.
    Federal award means any mechanism (including a grant, award, loan, 
contract, or cooperative agreement) under which Federal funds are used 
to support the conduct of research, experimentation, or testing, 
involving the use of animals. The permit system established under the 
authorities of the Endangered Species Act, the Marine Mammal Protection 
Act, and the Migratory Bird Treaty Act, are not considered to be Federal 
awards under the Animal Welfare Act.
    Federal research facility means each department, agency, or 
instrumentality of the United States which uses live animals for 
research or experimentation.
    Field study means any study conducted on free-living wild animals in 
their natural habitat, which does not involve an invasive procedure, and 
which does not harm or materially alter the behavior of the animals 
under study.
    Handling means petting, feeding, watering, cleaning, manipulating, 
loading, crating, shifting, transferring, immobilizing, restraining, 
treating, training, working and moving, or any similar activity with 
respect to any animal.
    Housing facility means any land, premises, shed, barn, building, 
trailer, or other structure or area housing or intended to house 
animals.
    Hybrid cross means an animal resulting from the crossbreeding 
between

[[Page 10]]

two different species or types of animals. Crosses between wild animal 
species, such as lions and tigers, are considered to be wild animals. 
Crosses between wild animal species and domestic animals, such as dogs 
and wolves or buffalo and domestic cattle, are considered to be domestic 
animals.
    Impervious surface means a surface that does not permit the 
absorption of fluids. Such surfaces are those that can be thoroughly and 
repeatedly cleaned and disinfected, will not retain odors, and from 
which fluids bead up and run off or can be removed without their being 
absorbed into the surface material.
    Indoor housing facility means any structure or building with 
environmental controls housing or intended to house animals and meeting 
the following three requirements:
    (1) It must be capable of controlling the temperature within the 
building or structure within the limits set forth for that species of 
animal, of maintaining humidity levels of 30 to 70 percent and of 
rapidly eliminating odors from within the building; and
    (2) It must be an enclosure created by the continuous connection of 
a roof, floor, and walls (a shed or barn set on top of the ground does 
not have a continuous connection between the walls and the ground unless 
a foundation and floor are provided); and
    (3) It must have at least one door for entry and exit that can be 
opened and closed (any windows or openings which provide natural light 
must be covered with a transparent material such as glass or hard 
plastic).
    Intermediate handler means any person, including a department, 
agency, or instrumentality of the United States or of any State or local 
government (other than a dealer, research facility, exhibitor, any 
person excluded from the definition of a dealer, research facility, or 
exhibitor, an operator of an auction sale, or a carrier), who is engaged 
in any business in which he receives custody of animals in connection 
with their transportation in commerce.
    Inspector means any person employed by the Department who is 
authorized to perform a function under the Act and the regulations in 9 
CFR parts 1, 2, and 3.
    Institutional official means the individual at a research facility 
who is authorized to legally commit on behalf of the research facility 
that the requirements of 9 CFR parts 1, 2, and 3 will be met.
    Isolation in regard to marine mammals means the physical separation 
of animals to prevent contact and a separate, noncommon, water 
circulation and filtration system for the isolated animals.
    Licensed veterinarian means a person who has graduated from an 
accredited school of veterinary medicine or has received equivalent 
formal education as determined by the Administrator, and who has a valid 
license to practice veterinary medicine in some State.
    Licensee means any person licensed according to the provisions of 
the Act and the regulations in part 2 of this subchapter.
    Major operative procedure means any surgical intervention that 
penetrates and exposes a body cavity or any procedure which produces 
permanent impairment of physical or physiological functions.
    Minimum horizontal dimension (MHD) means the diameter of a circular 
pool of water, or in the case of a square, rectangle, oblong, or other 
shape pool, the diameter of the largest circle that can be inserted 
within the confines of such a pool of water.
    Mobile or traveling housing facility means a transporting vehicle 
such as a truck, trailer, or railway car, used to house animals while 
traveling for exhibition or public education purposes.
    Nonconditioned animals means animals which have not been subjected 
to special care and treatment for sufficient time to stabilize, and 
where necessary, to improve their health.
    Nonhuman primate means any nonhuman member of the highest order of 
mammals including prosimians, monkeys, and apes.
    Operator of an auction sale means any person who is engaged in 
operating an auction at which animals are purchased or sold in commerce.
    Outdoor housing facility means any structure, building, land, or 
premise, housing or intended to house animals,

[[Page 11]]

which does not meet the definition of any other type of housing facility 
provided in the regulations, and in which temperatures cannot be 
controlled within set limits.
    Painful procedure as applied to any animal means any procedure that 
would reasonably be expected to cause more than slight or momentary pain 
or distress in a human being to which that procedure was applied, that 
is, pain in excess of that caused by injections or other minor 
procedures.
    Paralytic drug means a drug which causes partial or complete loss of 
muscle contraction and which has no anesthetic or analgesic properties, 
so that the animal cannot move, but is completely aware of its 
surroundings and can feel pain.
    Person means any individual, partnership, firm, joint stock company, 
corporation, association, trust, estate, or other legal entity.
    Pet animal means any animal that has commonly been kept as a pet in 
family households in the United States, such as dogs, cats, guinea pigs, 
rabbits, and hamsters. This term excludes exotic animals and wild 
animals.
    Positive physical contact means petting, stroking, or other 
touching, which is beneficial to the well-being of the animal.
    Pound or shelter means a facility that accepts and/or seizes animals 
for the purpose of caring for them, placing them through adoption, or 
carrying out law enforcement, whether or not the facility is operated 
for profit.
    Primary conveyance means the main method of transportation used to 
convey an animal from origin to destination, such as a motor vehicle, 
plane, ship, or train.
    Primary enclosure means any structure or device used to restrict an 
animal or animals to a limited amount of space, such as a room, pen, 
run, cage, compartment, pool, or hutch.
    Principal investigator means an employee of a research facility, or 
other person associated with a research facility, responsible for a 
proposal to conduct research and for the design and implementation of 
research involving animals.
    Quorum means a majority of the Committee members.
    Random source means dogs and cats obtained from animal pounds or 
shelters, auction sales, or from any person who did not breed and raise 
them on his or her premises.
    Registrant means any research facility, carrier, intermediate 
handler, or exhibitor not required to be licensed under section 3 of the 
Act, registered pursuant to the provisions of the Act and the 
regulations in part 2 of this subchapter.
    Research facility means any school (except an elementary or 
secondary school), institution, organization, or person that uses or 
intends to use live animals in research, tests, or experiments, and that 
(1) purchases or transports live animals in commerce, or (2) receives 
funds under a grant, award, loan, or contract from a department, agency, 
or instrumentality of the United States for the purpose of carrying out 
research, tests, or experiments: Provided, That the Administrator may 
exempt, by regulation, any such school, institution, organization, or 
person that does not use or intend to use live dogs or cats, except 
those schools, institutions, organizations, or persons, which use 
substantial numbers (as determined by the Administrator) of live animals 
the principal function of which schools, institutions, organizations, or 
persons, is biomedical research or testing, when in the judgment of the 
Administrator, any such exemption does not vitiate the purpose of the 
Act.
    Retail pet store means any outlet where only the following animals 
are sold or offered for sale, at retail, for use as pets: Dogs, cats, 
rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, 
chinchilla, domestic ferrets, domestic farm animals, birds, and 
coldblooded species. Such definition excludes--
    (1) Establishments or persons who deal in dogs used for hunting, 
security, or breeding purposes;
    (2) Establishments or persons exhibiting, selling, or offering to 
exhibit or sell any wild or exotic or other nonpet species of 
warmblooded animals (except birds), such as skunks, raccoons,

[[Page 12]]

nonhuman primates, squirrels, ocelots, foxes, coyotes, etc.;
    (3) Any establishment or person selling warmblooded animals (except 
birds, and laboratory rats and mice) for research or exhibition 
purposes; and
    (4) Any establishment wholesaling any animals (except birds, rats 
and mice).
    (5) Any establishment exhibiting pet animals in a room that is 
separate from or adjacent to the retail pet store, or in an outside 
area, or anywhere off the retail pet store premises.
    Sanitize means to make physically clean and to remove and destroy, 
to the maximum degree that is practical, agents injurious to health.
    Secretary means the Secretary of Agriculture of the United States or 
his representative who shall be an employee of the Department.
    Sheltered housing facility means a housing facility which provides 
the animals with shelter; protection from the elements; and protection 
from temperature extremes at all times. A sheltered housing facility may 
consist of runs or pens totally enclosed in a barn or building, or of 
connecting inside/outside runs or pens with the inside pens in a totally 
enclosed building.
    Standards means the requirements with respect to the humane housing, 
exhibition, handling, care, treatment, temperature, and transportation 
of animals by dealers, exhibitors research facilities, carriers, 
intermediate handlers, and operators of auction sales as set forth in 
part 3 of this subchapter.
    State means a State of the United States, the District of Columbia, 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
or any other territory or possession of the United States.
    Study area means any building room, area, enclosure, or other 
containment outside of a core facility or centrally designated or 
managed area in which animals are housed for more than 12 hours.
    Transporting device means an interim vehicle or device, other than 
man, used to transport an animal between the primary conveyance and the 
terminal facility or in and around the terminal facility of a carrier or 
intermediate handler.
    Transporting vehicle means any truck, car, trailer, airplane, ship, 
or railroad car used for transporting animals.
    Weaned means that an animal has become accustomed to take solid food 
and has so done, without nursing, for a period of at least 5 days.
    Wild animal means any animal which is now or historically has been 
found in the wild, or in the wild state, within the boundaries of the 
United States, its territories, or possessions. This term includes, but 
is not limited to, animals such as: Deer, skunk, opossum, raccoon, mink, 
armadillo, coyote, squirrel, fox, wolf.
    Wild state means living in its original, natural condition; not 
domesticated.
    Zoo means any park, building, cage, enclosure, or other structure or 
premise in which a live animal or animals are kept for public exhibition 
or viewing, regardless of compensation.
[54 FR 36119, Aug. 31, 1989, as amended at 55 FR 12631, Apr. 5, 1990; 58 
FR 39129, July 22, 1993; 62 FR 43275, Aug. 13, 1997]



PART 2--REGULATIONS--Table of Contents




                          Subpart A--Licensing

Sec.
2.1  Requirements and application.
2.2  Acknowledgement of regulations and standards.
2.3  Demonstration of compliance with standards and regulations.
2.4  Non-interference with APHIS officials.
2.5  Duration of license and termination of license.
2.6  Annual license fees.
2.7  Annual report by licensees.
2.8  Notification of change of name, address, control, or ownership of 
          business.
2.9  Officers, agents, and employees of licensees whose licenses have 
          been suspended or revoked.
2.10  Licensees whose licenses have been suspended or revoked.
2.11  Denial of initial license application.

                         Subpart B--Registration

2.25  Requirements and procedures.
2.26  Acknowledgement of regulations and standards.
2.27  Notification of change of operation.

                     Subpart C--Research Facilities

2.30  Registration.
2.31  Institutional Animal Care and Use Committee (IACUC).

[[Page 13]]

2.32  Personnel qualifications.
2.33  Attending veterinarian and adequate veterinary care.
2.34  [Reserved]
2.35  Recordkeeping requirements.
2.36  Annual report.
2.37  Federal research facilities.
2.38  Miscellaneous.

     Subpart D--Attending Veterinarian and Adequate Veterinary Care

2.40  Attending veterinarian and adequate veterinary care (dealers and 
          exhibitors).

                  Subpart E--Identification of Animals

2.50  Time and method of identification.
2.51  Form of official tag.
2.52  How to obtain tags.
2.53  Use of tags.
2.54  Lost tags.
2.55  Removal and disposal of tags.

                        Subpart F--Stolen Animals

2.60  Prohibition on the purchase, sale, use, or transportation of 
          stolen animals.

                           Subpart G--Records

2.75  Records: Dealers and exhibitors.
2.76  Records: Operators of auction sales and brokers.
2.77  Records: Carriers and intermediate handlers.
2.78  Health certification and identification.
2.79  C.O.D. shipments.
2.80  Records, disposition.

         Subpart H--Compliance With Standards and Holding Period

2.100  Compliance with standards.
2.101  Holding period.
2.102  Holding facility.

                        Subpart I--Miscellaneous

2.125  Information as to business; furnishing of same by dealers, 
          exhibitors, operators of auction sales, intermediate handlers, 
          and carriers.
2.126  Access and inspection of records and property.
2.127  Publication of names of persons subject to the provisions of this 
          part.
2.128  Inspection for missing animals.
2.129  Confiscation and destruction of animals.
2.130  Minimum age requirements.
2.131  Handling of animals.
2.132  Procurement of random source dogs and cats, dealers.
2.133  Certification for random source dogs and cats.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).

    Source: 54 FR 36147, Aug. 31, 1989, unless otherwise noted.



                          Subpart A--Licensing



Sec. 2.1  Requirements and application.

    (a)(1) Any person operating or desiring to operate as a dealer, 
exhibitor, or operator of an auction sale, except persons who are 
exempted from the licensing requirements under paragraph (a)(3) of this 
section, must have a valid license. A person must be 18 years of age or 
older to obtain a license. A person seeking a license shall apply on a 
form which will be furnished by the APHIS, REAC Sector Supervisor in the 
State in which that person operates or intends to operate. The applicant 
shall provide the information requested on the application form, 
including a valid mailing address through which the licensee or 
applicant can be reached at all times, and a valid premises address 
where animals, animal facilities, equipment, and records may be 
inspected for compliance. The applicant shall file the completed 
application form with the APHIS, REAC Sector Supervisor.
    (2) If an applicant for a license or license renewal operates in 
more than one State, he or she shall apply in the State in which he or 
she has his or her principal place of business. All premises, 
facilities, or sites where such person operates or keeps animals shall 
be indicated on the application form or on a separate sheet attached to 
it. The completed application form, along with the application fee 
indicated in paragraph (d) of this section, and the annual license fee 
indicated in table 1 or 2 of Sec. 2.6 shall be filed with the APHIS, 
REAC Sector Supervisor.
    (3) The following persons are exempt from the licensing requirements 
under section 2 or section 3 of the Act:
    (i) Retail pet stores which sell nondangerous, pet-type animals, 
such as dogs, cats, birds, rabbits, hamsters, guinea pigs, gophers, 
domestic ferrets, chinchilla, rats, and mice, for pets, at retail only: 
Provided, That, Anyone wholesaling any animals, selling any animals for 
research or exhibition, or selling any wild, exotic, or nonpet animals 
retail, must have a license;

[[Page 14]]

    (ii) Any person who sells or negotiates the sale or purchase of any 
animal except wild or exotic animals, dogs, or cats, and who derives no 
more than $500 gross income from the sale of such animals to a research 
facility, an exhibitor, a dealer, or a pet store during any calendar 
year and is not otherwise required to obtain a license;
    (iii) Any person who maintains a total of three (3) or fewer 
breeding female dogs and/or cats and who sells only the offspring of 
these dogs or cats, which were born and raised on his or her premises, 
for pets or exhibition, and is not otherwise required to obtain a 
license;
    (iv) Any person who sells fewer than 25 dogs and/or cats per year 
which were born and raised on his or her premises, for research, 
teaching, or testing purposes or to any research facility and is not 
otherwise required to obtain a license. The sale of any dog or cat not 
born and raised on the premises for research purposes requires a 
license;
    (v) Any person who arranges for transportation or transports animals 
solely for the purpose of breeding, exhibiting in purebred shows, 
boarding (not in association with commercial transportation), grooming, 
or medical treatment, and is not otherwise required to obtain a license;
    (vi) Any person who buys, sells, transports, or negotiates the sale, 
purchase, or transportation of any animals used only for the purposes of 
food or fiber (including fur);
    (vii) Any person who breeds and raises domestic pet animals for 
direct retail sales to another person for the buyer's own use and who 
buys no animals for resale and who sells no animals to a research 
facility, an exhibitor, a dealer, or a pet store (e.g., a purebred dog 
or cat fancier) and is not otherwise required to obtain a license;
    (viii) Any person who buys animals solely for his or her own use or 
enjoyment and does not sell or exhibit animals, or is not otherwise 
required to obtain a license;
    (b) Any person who sells fewer than 25 dogs or cats per year for 
research or teaching purposes and who is not otherwise required to 
obtain a license may obtain a voluntary license, provided the animals 
were born and raised on his or her premises. A voluntary licensee shall 
comply with the requirements for dealers set forth in this part and the 
Specifications for the Humane Handling, Care, Treatment, and 
Transportation of Dogs and Cats set forth in part 3 of this subchapter 
and shall agree in writing on a form furnished by APHIS to comply with 
all the requirements of the Act and this subchapter. Voluntary licenses 
will not be issued to any other persons. To obtain a voluntary license 
the applicant shall submit to the APHIS, REAC Sector Supervisor the 
application fee of $10 plus an annual license fee. The class of license 
issued and the fee for a voluntary license shall be that of a Class 
``A'' licensee (breeder). Voluntary licenses will not be issued to any 
other persons or for any other class of license.
    (c) No person shall have more than one license.
    (d) A license will be issued to any applicant, except as provided in 
Secs. 2.10 and 2.11, when the applicant:
    (1) Has met the requirements of this section and of Secs. 2.2 and 
2.3; and
    (2) Has paid the application fee of $10 and the annual license fee 
indicated in Sec. 2.6 to the APHIS, REAC Sector Supervisor and the 
payment has cleared normal banking procedures.
    (e)(1) On or before the expiration date of the license, a licensee 
who wishes a renewal shall submit to the APHIS, REAC Sector Supervisor a 
completed application form and the application fee of $10, plus the 
annual license fee indicated in Sec. 2.6 by certified check, cashier's 
check, personal check, or money order. A voluntary licensee who wishes a 
renewal shall also submit the $10 application fee plus an annual license 
fee. An applicant whose check is returned by the bank will be charged a 
fee of $15 for each returned check. One returned check will be deemed 
nonpayment of fees and will result in denial of license. Payment of fees 
must then be made by certified check, cashier's check, or money order. 
An applicant will not be licensed until his or her payment has cleared 
normal banking procedures.
    (2) The $10 application fee must also be paid if an applicant is 
applying for a changed class of license. The applicant may pay such fees 
by certified check,

[[Page 15]]

cashier's check, personal check, or money order. An applicant whose 
check is returned by a bank will be charged a fee of $15 for each 
returned check and will be required to pay all subsequent fees by 
certified check, money order, or cashier's check. A license will not be 
issued until payment has cleared normal banking procedures.
    (f) The failure of any person to comply with any provision of the 
Act, or any of the provisions of the regulations or standards in this 
subchapter, shall constitute grounds for denial of a license; or for its 
suspension or revocation by the Secretary, as provided in the Act.



Sec. 2.2  Acknowledgement of regulations and standards.

    (a) Application for initial license. APHIS will supply a copy of the 
applicable regulations and standards to the applicant with each request 
for a license application. The applicant shall acknowledge receipt of 
the regulations and standards and agree to comply with them by signing 
the application form before a license will be issued.
    (b) Application for license renewal. APHIS will supply a copy of the 
applicable regulations and standards to the applicant for license 
renewal with each request for a license renewal. Before a license will 
be renewed, the applicant for license renewal shall acknowledge receipt 
if the regulations and standards and shall certify by signing the 
applications form that, to the best of the applicant's knowledge and 
belief, he or she is in compliance with the regulations and standards 
and agrees to continue to comply with the regulations and standards.
[60 FR 13895, Mar. 15, 1995]



Sec. 2.3  Demonstration of compliance with standards and regulations.

    (a) Each applicant must demonstrate that his or her premises and any 
animals, facilities, vehicles, equipment, or other premises used or 
intended for use in the business comply with the regulations and 
standards set forth in parts 2 and 3 of this subchapter. Each applicant 
for an initial license or license renewal must make his or her animals, 
premises, facilities, vehicles, equipment, other premises, and records 
available for inspection during business hours and at other times 
mutually agreeable to the applicant and APHIS, to ascertain the 
applicant's compliance with the standards and regulations.
    (b) In the case of an application for an initial license, the 
applicant must demonstrate compliance with the regulations and 
standards, as required in paragraph (a) of this section, before APHIS 
will issue a license. If the applicant's animals, premises, facilities, 
vehicles, equipment, other premises, or records do not meet the 
requirements of this subchapter, APHIS will advise the applicant of 
existing deficiencies and the corrective measures that must be completed 
to come into compliance with the regulations and standards. The 
applicant will have two more chances to demonstrate his or her 
compliance with the regulations and standards through re-inspection by 
APHIS. If the applicant fails the third inspection he or she will 
forfeit the application fee and cannot re-apply for a license for a 
period of 6 months following the third inspection. Issuance of the 
license will be denied until the applicant demonstrates upon inspection 
that the animals, premises, facilities, vehicles, equipment, other 
premises and records are in compliance with all regulations and 
standards in this subchapter.



Sec. 2.4  Non-interference with APHIS officials.

    A licensee or applicant for an initial license shall not interfere 
with, threaten, abuse (including verbally abuse), or harass any APHIS 
official in the course of carrying out his or her duties.



Sec. 2.5  Duration of license and termination of license.

    (a) A license issued under this part shall be valid and effective 
unless:
    (1) The license has been revoked or suspended pursuant to section 19 
of the Act.
    (2) The license is voluntarily terminated upon request of the 
licensee, in writing, to the APHIS, REAC Sector Supervisor.
    (3) The license has expired or been terminated under this part.

[[Page 16]]

    (4) The applicant has failed to pay the application fee and the 
annual license fee as required in Secs. 2.1 and 2.6. There will be no 
refund of fees if a license is terminated prior to its expiration date.
    (b) Any person who is licensed must file an application for a 
license renewal and an annual report form (APHIS Form 7003/VS Form 18-3) 
as required by Sec. 2.7, and pay the required fees, on or before the 
expiration date of the present license or the license shall expire and 
automatically terminate on its anniversary date. The licensee will be 
notified by certified mail at least 60 days prior to the expiration date 
of the license. Failure to comply with the annual reporting 
requirements, or to pay the required license fees prior to the 
expiration date of the license, shall result in automatic termination of 
such license on the anniversary date of the license.
    (c) Licensees must accept delivery of registered mail or certified 
mail notice and provide the APHIS, REAC Sector Supervisor notice of 
their address in conformity with the requirements in Sec. 2.1.
    (d) Any person who seeks the reinstatement of a license that has 
been automatically terminated must follow the procedure applicable to 
new applicants for a license set forth in Sec. 2.1.
    (e) Licenses are issued to specific persons for specific premises 
and do not transfer upon change of ownership, nor are they valid at a 
different location.
    (f) A license which is invalid under this part shall be surrendered 
to the APHIS, REAC Sector Supervisor. If the license cannot be found, 
the licensee shall provide a written statement so stating to the APHIS, 
REAC Sector Supervisor.
[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13895, Mar. 15, 1995]



Sec. 2.6  Annual license fees.

    (a) In addition to the application fee of $10 required to be paid 
upon the application for a license, license renewal, or changed class of 
license under Sec. 2.1, each licensee shall submit to the APHIS, REAC 
Sector Supervisor the annual license fee prescribed in this section. 
Paragraph (b) of this section indicates the method used to calculate the 
appropriate fee. The amount of the fee is determined from Table 1 or 2 
in paragraph (c) of this section.
    (b)(1) Class ``A'' license. The annual license renewal fee for a 
Class ``A'' dealer shall be based on 50 percent of the total gross 
amount, expressed in dollars, derived from the sale of animals to 
research facilities, dealers, exhibitors, retail pet stores, and persons 
for use as pets, directly or through an auction sale, by the dealer or 
applicant during his or her preceding business year (calendar or fiscal) 
in the case of a person who operated during such a year. If animals are 
leased, the lessor shall pay a fee based on 50 percent of any 
compensation received from the leased animals and the lessee shall pay a 
fee based upon the net compensation received from the leased animals, as 
indicated for dealers in Table 1 in paragraph (c) of this section.
    (2) Class ``B'' license. The annual license renewal fee for a Class 
``B'' dealer shall be established by calculating the total amount 
received from the sale of animals to research facilities, dealers, 
exhibitors, retail pet stores, and persons for use as pets, directly or 
through an auction sale, during the preceding business year (calendar or 
fiscal) less the amount paid for the animals by the dealer or applicant. 
This net difference, exclusive of other costs, shall be the figure used 
to determine the license fee of a Class ``B'' dealer. If animals are 
leased, the lessor and lessee shall each pay a fee based on the net 
compensation received from the leased animals calculated from Table 1 in 
paragraph (c) of this section.
    (3) The annual license renewal fee for a broker or operator of an 
auction sale shall be that of a class ``B'' dealer and shall be based on 
the total gross amount, expressed in dollars, derived from commissions 
or fees charged for the sale of animals, or for negotiating the sale of 
animals, by brokers or by the operator of an auction sale, to research 
facilities, dealers, exhibitors, retail pet stores, and persons for use 
as pets, during the preceding business year (calendar or fiscal).
    (4) In the case of a new applicant for a license as a dealer, broker 
or operator of an auction sale who did not operate during a preceding 
business year,

[[Page 17]]

the annual license fee will be based on the anticipated yearly dollar 
amount of business, as provided in paragraphs (b)(1), (2), and (3) of 
this section, derived from the sale of animals to research facilities, 
dealers, exhibitors, retail pet stores, and persons for use as pets, 
directly or through an auction sale.
    (5) The amount of the annual fee to be paid upon application for a 
class ``C'' license as an exhibitor under this section shall be based on 
the number of animals which the exhibitor owned, held, or exhibited at 
the time the application is signed and dated or during the previous 
year, whichever is greater, and will be the amount listed in Table 2 in 
paragraph (c) of this section. Animals which are leased shall be 
included in the number of animals being held by both the lessor and the 
lessee when calculating the annual fee. An exhibitor shall pay his or 
her annual license fee on or before the expiration date of the license 
and the fee shall be based on the number of animals which the exhibitor 
is holding or has held during the year (both owned and leased).
    (c) The license fee shall be computed in accordance with the 
following tables:

 Table 1--Dealers, Brokers and Operators of an Auction Sale Class ``A'' 
                            and ``B'' License                           
------------------------------------------------------------------------
                                                     But Not            
                       Over                            Over       Fee   
------------------------------------------------------------------------
$0................................................       $500        $30
500...............................................      2,000         60
2,000.............................................     10,000        120
10,000............................................     25,000        225
25,000............................................     50,000        350
50,000............................................    100,000        475
100,000...........................................  .........        750
------------------------------------------------------------------------


                Table 2--Exhibitors--Class ``C'' License                
------------------------------------------------------------------------
                        Number of Animals                           Fee 
------------------------------------------------------------------------
1 to 5..........................................................     $30
6 to 25.........................................................      75
26 to 50........................................................     175
51 to 500.......................................................     225
501 and up......................................................     300
------------------------------------------------------------------------

    (d) If a person meets the licensing requirements for more than one 
class of license, he shall be required to obtain a license and pay the 
fee for the type business which is predominant for his operation, as 
determined by the Secretary.
    (e) In any situation in which a licensee shall have demonstrated in 
writing to the satisfaction of the Secretary that he or she has good 
reason to believe that the dollar amount of his or her business for the 
forthcoming business year will be less than the previous business year, 
then his or her estimated dollar amount of business shall be used for 
computing the license fee for the forthcoming business year: Provided, 
however, That if the dollar amount upon which the license fee is based 
for that year does in fact exceed the amount estimated, the difference 
in amount of the fee paid and that which was due under paragraphs (b) 
and (c) of this section based upon the actual dollar business upon which 
the license fee is based, shall be payable in addition to the required 
annual license fee for the next subsequent year, on the anniversary date 
of his or her license as prescribed in this section.



Sec. 2.7  Annual report by licensees.

    (a) Each year, within 30 days prior to the expiration date of his or 
her license, a licensee shall file with the APHIS, REAC Sector 
Supervisor an application for license renewal and annual report upon a 
form which the APHIS, REAC Sector Supervisor will furnish to him or her 
upon request.
    (b) A person licensed as a dealer shall set forth in his or her 
license renewal application and annual report the dollar amount of 
business, from the sale of animals, upon which the license fee is based, 
directly or through an auction sale, to research facilities, dealers, 
exhibitors, retail pet stores, and persons for use as pets, by the 
licensee during the preceding business year (calendar or fiscal), and 
any other information as may be required thereon.
    (c) A licensed dealer who operates as a broker or an operator of an 
auction sale shall set forth in his or her license renewal application 
and annual report the total gross amount, expressed in dollars, derived 
from commissions or fees charged for the sale of animals by the licensee 
to research facilities, dealers, exhibitors, retail pet stores, and

[[Page 18]]

persons for use as pets, during the preceding business year (calendar or 
fiscal), and any other information as may be required thereon.
    (d) A person licensed as an exhibitor shall set forth in his or her 
license renewal application and annual report the number of animals 
owned, held, or exhibited by him or her, including those which are 
leased, during the previous year or at the time he signs and dates the 
report, whichever is greater.



Sec. 2.8  Notification of change of name, address, control, or ownership of business.

    A licensee shall promptly notify the APHIS, REAC Sector Supervisor 
by certified mail of any change in the name, address, management, or 
substantial control or ownership of his business or operation, or of any 
additional sites, within 10 days of any change.



Sec. 2.9  Officers, agents, and employees of licensees whose licenses have been suspended or revoked.

    Any person who has been or is an officer, agent, or employee of a 
licensee whose license has been suspended or revoked and who was 
responsible for or participated in the violation upon which the order of 
suspension or revocation was based will not be licensed within the 
period during which the order of suspension or revocation is in effect.



Sec. 2.10  Licensees whose licenses have been suspended or revoked.

    (a) Any person whose license has been suspended for any reason shall 
not be licensed in his or her own name or in any other manner within the 
period during which the order of suspension is in effect. No 
partnership, firm, corporation, or other legal entity in which any such 
person has a substantial interest, financial or otherwise, will be 
licensed during that period. Any person whose license has been suspended 
for any reason may apply to the APHIS, REAC Sector Supervisor, in 
writing, for reinstatement of his or her license.
    (b) Any person whose license has been revoked shall not be licensed 
in his or her own name or in any other manner; nor will any partnership, 
firm, corporation, or other legal entity in which any such person has a 
substantial interest, financial or otherwise, be licensed.
    (c) Any person whose license has been suspended or revoked shall not 
buy, sell, transport, exhibit, or deliver for transportation, any animal 
during the period of suspension or revocation.



Sec. 2.11  Denial of initial license application.

    (a) A license will not be issued to any applicant who:
    (1) Has not complied with the raquirements of Secs. 2.1, 2.2, 2.3, 
and 2.4 and has not paid the fees indicated in Sec. 2.6;
    (2) Is not in compliance with any of the regulations or standards in 
this subchapter;
    (3) Has had a license revoked or whose license is suspended, as set 
forth in Sec. 2.10;
    (4) Has been fined, sentenced to jail, or pled nolo contendere (no 
contest) under State or local cruelty to animal laws within l year of 
application, except that if no penalty is imposed as a result of the 
plea of nolo contendere the applicant may reapply immediately; or
    (5) Has made any false or fraudulent statements, or provided any 
false or fraudulent records to the Department.
    (b) An applicant whose license application has been denied may 
request a hearing in accordance with the applicable rules of practice 
for the purpose of showing why the application for license should not be 
denied. The license denial shall remain in effect until the final legal 
decision has been rendered. Should the license denial be upheld, the 
applicant may again apply for a license l year from the date of the 
final order denying the application.
    (c) No partnership, firm, corporation, or other legal entity in 
which a person whose license application has been denied has a 
substantial interest, financial or otherwise, will be licensed within 1 
year of the license denial.

[[Page 19]]



                         Subpart B--Registration



Sec. 2.25  Requirements and procedures.

    (a) Each carrier and intermediate handler, and each exhibitor not 
required to be licensed under section 3 of the Act and the regulations 
of this subchapter, shall register with the Secretary by completing and 
filing a properly executed form which will be furnished, upon request, 
by the APHIS, REAC Sector Supervisor. The registration form shall be 
filed with the APHIS, REAC Sector Supervisor for the State in which the 
registrant has his or her principal place of business, and shall be 
updated every 3 years by the completion and filing of a new registration 
form which will be provided by the APHIS, REAC Sector Supervisor.
    (b) A subsidiary of a business corporation, rather than the parent 
corporation, will be registered as an exhibitor unless the subsidiary is 
under such direct control of the parent corporation that the Secretary 
determines that it is necessary that the parent corporation be 
registered to effectuate the purposes of the Act.



Sec. 2.26  Acknowledgment of regulations and standards.

    APHIS will supply a copy of the regulations and standards in this 
subchapter with each registration form. The registrant shall acknowledge 
receipt of and shall agree to comply with the regulations and standards 
by signing a form provided for this purpose by APHIS, and by filing it 
with the APHIS, REAC Sector Supervisor.



Sec. 2.27  Notification of change of operation.

    (a) A registrant shall notify the APHIS, REAC Sector Supervisor by 
certified mail of any change in the name, address, or ownership, or 
other change in operations affecting its status as an exhibitor, 
carrier, or intermediate handler, within 10 days after making such 
change.
    (b)(1) A registrant which has not used, handled, or transported 
animals for a period of at least 2 years may be placed in an inactive 
status by making a written request to the APHIS, REAC Sector Supervisor 
A registrant shall notify the APHIS, REAC Sector Supervisor in writing 
at least 10 days before using, handling, or transporting animals again 
after being in an inactive status.
    (2) A registrant which goes out of business or which ceases to 
function as a carrier, intermediate handler, or exhibitor, or which 
changes its method of operation so that it no longer uses, handles, or 
transports animals, and which does not plan to use, handle, or transport 
animals again at any time in the future, may have its registration 
canceled by making a written request to the APHIS, REAC Sector 
Supervisor. The former registrant is responsible for reregistering and 
demonstrating its compliance with the Act and regulations should it 
start using, handling, or transporting animals at any time after its 
registration is canceled.



                     Subpart C--Research Facilities



Sec. 2.30  Registration.

    (a) Requirements and procedures. (1) Each research facility other 
than a Federal research facility, shall register with the Secretary by 
completing and filing a properly executed form which will be furnished, 
upon request, by the APHIS, REAC Sector Supervisor. The registration 
form shall be filed with the APHIS, REAC Sector Supervisor for the State 
in which the research facility has its principal place of business, and 
shall be updated every 3 years by the completion and filing of a new 
registration form which will be provided by the APHIS, REAC Sector 
Supervisor. Except as provided in paragraph (a)(2) of this section, 
where a school or department of a university or college uses or intends 
to use live animals for research, tests, experiments, or teaching, the 
university or college rather than the school or department will be 
considered the research facility and will be required to register with 
the Secretary. An official who has the legal authority to bind the 
parent organization shall sign the registration form.
    (2) In any situation in which a school or department of a university 
or college demonstrates to the Secretary that it is a separate legal 
entity and its operations and administration are

[[Page 20]]

independent of those of the university or college, the school or 
department will be registered rather than the university or college.
    (3) A subsidiary of a business corporation, rather than the parent 
corporation, will be registered as a research facility unless the 
subsidiary is under such direct control of the parent corporation that 
the Secretary determines that it is necessary that the parent 
corporation be registered to effectuate the purposes of the Act.
    (b) Acknowledgment of regulations and standards. APHIS will supply a 
copy of the regulations and standards in this subchapter with each 
registration form. The research facility shall acknowledge receipt of 
and shall agree to comply with the regulations and standards by signing 
a form provided for this purpose by APHIS, and by filing it with the 
APHIS, REAC Sector Supervisor.
    (c) Notification of change of operation. (1) A research facility 
shall notify the APHIS, REAC Sector Supervisor by certified mail of any 
change in the name, address, or ownership, or other change in operations 
affecting its status as a research facility, within 10 days after making 
such change.
    (2) A research facility which has not used, handled, or transported 
animals for a period of at least 2 years may be placed in an inactive 
status by making a written request to the APHIS, REAC Sector Supervisor. 
A research facility shall file an annual report of its status (active or 
inactive). A research facility shall notify the APHIS, REAC Sector 
Supervisor in writing at least 10 days before using, handling, or 
transporting animals again after being in an inactive status.
    (3) A research facility which goes out of business or which ceases 
to function as a research facility, or which changes its method of 
operation so that it no longer uses, handles, or transports animals, and 
which does not plan to use, handle, or transport animals at any time in 
the future, may have its registration canceled by making a written 
request to the APHIS, REAC Sector Supervisor. The research facility is 
responsible for reregistering and demonstrating its compliance with the 
Act and regulations should it start using, handling, or transporting 
animals at any time after its registration is canceled.



Sec. 2.31  Institutional Animal Care and Use Committee (IACUC).

    (a) The Chief Executive Officer of the research facility shall 
appoint an Institutional Animal Care and Use Committee (IACUC), 
qualified through the experience and expertise of its members to assess 
the research facility's animal program, facilities, and procedures. 
Except as specifically authorized by law or these regulations, nothing 
in this part shall be deemed to permit the Committee or IACUC to 
prescribe methods or set standards for the design, performance, or 
conduct of actual research or experimentation by a research facility.
    (b) IACUC Membership. (1) The members of each Committee shall be 
appointed by the Chief Executive Officer of the research facility;
    (2) The Committee shall be composed of a Chairman and at least two 
additional members;
    (3) Of the members of the Committee:
    (i) At least one shall be a Doctor of Veterinary Medicine, with 
training or experience in laboratory animal science and medicine, who 
has direct or delegated program responsibility for activities involving 
animals at the research facility;
    (ii) At least one shall not be affiliated in any way with the 
facility other than as a member of the Committee, and shall not be a 
member of the immediate family of a person who is affiliated with the 
facility. The Secretary intends that such person will provide 
representation for general community interests in the proper care and 
treatment of animals;
    (4) If the Committee consists of more than three members, not more 
than three members shall be from the same administrative unit of the 
facility.
    (c) IACUC Functions. With respect to activities involving animals, 
the IACUC, as an agent of the research facility, shall:
    (1) Review, at least once every six months, the research facility's 
program for humane care and use of animals, using title 9, chapter I, 
subchapter A--Animal Welfare, as a basis for evaluation;

[[Page 21]]

    (2) Inspect, at least once every six months, all of the research 
facility's animal facilities, including animal study areas, using title 
9, chapter I, subchapter A-Animal Welfare, as a basis for evaluation; 
Provided, however, That animal areas containing free-living wild animals 
in their natural habitat need not be included in such inspection;
    (3) Prepare reports of its evaluations conducted as required by 
paragraphs (c)(1) and (2) of this section, and submit the reports to the 
Institutional Official of the research facility; Provided, however, That 
the IACUC may determine the best means of conducting evaluations of the 
research facility's programs and facilities; and Provided, further, That 
no Committee member wishing to participate in any evaluation conducted 
under this subpart may be excluded. The IACUC may use subcommittees 
composed of at least two Committee members and may invite ad hoc 
consultants to assist in conducting the evaluations, however, the IACUC 
remains responsible for the evaluations and reports as required by the 
Act and regulations. The reports shall be reviewed and signed by a 
majority of the IACUC members and must include any minority views. The 
reports shall be updated at least once every six months upon completion 
of the required semiannual evaluations and shall be maintained by the 
research facility and made available to APHIS and to officials of 
funding Federal agencies for inspection and copying upon request. The 
reports must contain a description of the nature and extent of the 
research facility's adherence to this subchapter, must identify 
specifically any departures from the provisions of title 9, chapter I, 
subchapter A--Animal Welfare, and must state the reasons for each 
departure. The reports must distinguish significant deficiencies from 
minor deficiencies. A significant deficiency is one which, with 
reference to Subchapter A, and, in the judgment of the IACUC and the 
Institutional Official, is or may be a threat to the health or safety of 
the animals. If program or facility deficiencies are noted, the reports 
must contain a reasonable and specific plan and schedule with dates for 
correcting each deficiency. Any failure to adhere to the plan and 
schedule that results in a significant deficiency remaining uncorrected 
shall be reported in writing within 15 business days by the IACUC, 
through the Institutional Official, to APHIS and any Federal agency 
funding that activity;
    (4) Review, and, if warranted, investigate concerns involving the 
care and use of animals at the research facility resulting from public 
complaints received and from reports of noncompliance received from 
laboratory or research facility personnel or employees;
    (5) Make recommendations to the Institutional Official regarding any 
aspect of the research facility's animal program, facilities, or 
personnel training;
    (6) Review and approve, require modifications in (to secure 
approval), or withhold approval of those components of proposed 
activities related to the care and use of animals, as specified in 
paragraph (d) of this section;
    (7) Review and approve, require modifications in (to secure 
approval), or withhold approval of proposed significant changes 
regarding the care and use of animals in ongoing activities; and
    (8) Be authorized to suspend an activity involving animals in 
accordance with the specifications set forth in paragraph (d)(6) of this 
section.
    (d) IACUC review of activities involving animals. (1) In order to 
approve proposed activities or proposed significant changes in ongoing 
activities, the IACUC shall conduct a review of those components of the 
activities related to the care and use of animals and determine that the 
proposed activities are in accordance with this subchapter unless 
acceptable justification for a departure is presented in writing; 
Provided, however, That field studies as defined in part 1 of this 
subchapter are exempt from this requirement. Further, the IACUC shall 
determine that the proposed activities or significant changes in ongoing 
activities meet the following requirements:
    (i) Procedures involving animals will avoid or minimize discomfort, 
distress, and pain to the animals;
    (ii) The principal investigator has considered alternatives to 
procedures that may cause more than momentary

[[Page 22]]

or slight pain or distress to the animals, and has provided a written 
narrative description of the methods and sources, e. g., the Animal 
Welfare Information Center, used to determine that alternatives were not 
available;
    (iii) The principal investigator has provided written assurance that 
the activities do not unnecessarily duplicate previous experiments;
    (iv) Procedures that may cause more than momentary or slight pain or 
distress to the animals will:
    (A) Be performed with appropriate sedatives, analgesics or 
anesthetics, unless withholding such agents is justified for scientific 
reasons, in writing, by the principal investigator and will continue for 
only the necessary period of time;
    (B) Involve, in their planning, consultation with the attending 
veterinarian or his or her designee;
    (C) Not include the use of paralytics without anesthesia;
    (v) Animals that would otherwise experience severe or chronic pain 
or distress that cannot be relieved will be painlessly euthanized at the 
end of the procedure or, if appropriate, during the procedure;
    (vi) The animals' living conditions will be appropriate for their 
species in accordance with part 3 of this subchapter, and contribute to 
their health and comfort. The housing, feeding, and nonmedical care of 
the animals will be directed by the attending veterinarian or other 
scientist trained and experienced in the proper care, handling, and use 
of the species being maintained or studied;
    (vii) Medical care for animals will be available and provided as 
necessary by a qualified veterinarian;
    (viii) Personnel conducting procedures on the species being 
maintained or studied will be appropriately qualified and trained in 
those procedures;
    (ix) Activities that involve surgery include appropriate provision 
for pre-operative and post-operative care of the animals in accordance 
with established veterinary medical and nursing practices. All survival 
surgery will be performed using aseptic procedures, including surgical 
gloves, masks, sterile instruments, and aseptic techniques. Major 
operative procedures on non-rodents will be conducted only in facilities 
intended for that purpose which shall be operated and maintained under 
aseptic conditions. Non-major operative procedures and all surgery on 
rodents do not require a dedicated facility, but must be performed using 
aseptic procedures. Operative procedures conducted at field sites need 
not be performed in dedicated facilities, but must be performed using 
aseptic procedures;
    (x) No animal will be used in more than one major operative 
procedure from which it is allowed to recover, unless:
    (A) Justified for scientific reasons by the principal investigator, 
in writing;
    (B) Required as routine veterinary procedure or to protect the 
health or well-being of the animal as determined by the attending 
veterinarian; or
    (C) In other special circumstances as determined by the 
Administrator on an individual basis. Written requests and supporting 
data should be sent to the Animal and Plant Health Inspection Servcie, 
Regulatory Enforcement and Animal Care, Animal Care, 4700 River Road, 
Unit 84, Riverdale, Maryland 20737-1234;
    (xi) Methods of euthanasia used must be in accordance with the 
definition of the term set forth in 9 CFR part 1, Sec. 1.1 of this 
subchapter, unless a deviation is justified for scientific reasons, in 
writing, by the investigator.
    (2) Prior to IACUC review, each member of the Committee shall be 
provided with a list of proposed activities to be reviewed. Written 
descriptions of all proposed activities that involve the care and use of 
animals shall be available to all IACUC members, and any member of the 
IACUC may obtain, upon request, full Committee review of those 
activities. If full Committee review is not requested, at least one 
member of the IACUC, designated by the chairman and qualified to conduct 
the review, shall review those activities, and shall have the authority 
to approve, require modifications in (to secure approval), or request 
full Committee review of any of those activities. If full Committee 
review is requested for a proposed activity, approval of that activity 
may be granted

[[Page 23]]

only after review, at a convened meeting of a quorum of the IACUC, and 
with the approval vote of a majority of the quorum present. No member 
may participate in the IACUC review or approval of an activity in which 
that member has a conflicting interest (e.g., is personally involved in 
the activity), except to provide information requested by the IACUC, nor 
may a member who has a conflicting interest contribute to the 
constitution of a quorum;
    (3) The IACUC may invite consultants to assist in the review of 
complex issues arising out of its review of proposed activities. 
Consultants may not approve or withhold approval of an activity, and may 
not vote with the IACUC unless they are also members of the IACUC;
    (4) The IACUC shall notify principal investigators and the research 
facility in writing of its decision to approve or withhold approval of 
those activities related to the care and use of animals, or of 
modifications required to secure IACUC approval. If the IACUC decides to 
withhold approval of an activity, it shall include in its written 
notification a statement of the reasons for its decision and give the 
principal investigator an opportunity to respond in person or in 
writing. The IACUC may reconsider its decision, with documentation in 
Committee minutes, in light of the information provided by the principal 
investigator;
    (5) The IACUC shall conduct continuing reviews of activities covered 
by this subchapter at appropriate intervals as determined by the IACUC, 
but not less than annually;
    (6) The IACUC may suspend an activity that it previously approved if 
it determines that the activity is not being conducted in accordance 
with the description of that activity provided by the principal 
investigator and approved by the Committee. The IACUC may suspend an 
activity only after review of the matter at a convened meeting of a 
quorum of the IACUC and with the suspension vote of a majority of the 
quorum present;
    (7) If the IACUC suspends an activity involving animals, the 
Institutional Official, in consultation with the IACUC, shall review the 
reasons for suspension, take appropriate corrective action, and report 
that action with a full explanation to APHIS and any Federal agency 
funding that activity; and
    (8) Proposed activities and proposed significant changes in ongoing 
activities that have been approved by the IACUC may be subject to 
further appropriate review and approval by officials of the research 
facility. However, those officials may not approve an activity involving 
the care and use of animals if it has not been approved by the IACUC.
    (e) A proposal to conduct an activity involving animals, or to make 
a significant change in an ongoing activity involving animals, must 
contain the following:
    (1) Identification of the species and the approximate number of 
animals to be used;
    (2) A rationale for involving animals, and for the appropriateness 
of the species and numbers of animals to be used;
    (3) A complete description of the proposed use of the animals;
    (4) A description of procedures designed to assure that discomfort 
and pain to animals will be limited to that which is unavoidable for the 
conduct of scientifically valuable research, including provision for the 
use of analgesic, anesthetic, and tranquilizing drugs where indicated 
and appropriate to minimize discomfort and pain to animals; and
    (5) A description of any euthanasia method to be used.
[54 FR 36147, August 31, 1989, as amended by 59 FR 67611, Dec. 30, 1994]



Sec. 2.32  Personnel qualifications.

    (a) It shall be the responsibility of the research facility to 
ensure that all scientists, research technicians, animal technicians, 
and other personnel involved in animal care, treatment, and use are 
qualified to perform their duties. This responsibility shall be 
fulfilled in part through the provision of training and instruction to 
those personnel.
    (b) Training and instruction shall be made available, and the 
qualifications of personnel reviewed, with sufficient frequency to 
fulfill the research facility's responsibilities under this section and 
Sec. 2.31.

[[Page 24]]

    (c) Training and instruction of personnel must include guidance in 
at least the following areas:
    (1) Humane methods of animal maintenance and experimentation, 
including:
    (i) The basic needs of each species of animal;
    (ii) Proper handling and care for the various species of animals 
used by the facility;
    (iii) Proper pre-procedural and post-procedural care of animals; and
    (iv) Aseptic surgical methods and procedures;
    (2) The concept, availability, and use of research or testing 
methods that limit the use of animals or minimize animal distress;
    (3) Proper use of anesthetics, analgesics, and tranquilizers for any 
species of animals used by the facility;
    (4) Methods whereby deficiencies in animal care and treatment are 
reported, including deficiencies in animal care and treatment reported 
by any employee of the facility. No facility employee, Committee member, 
or laboratory personnel shall be discriminated against or be subject to 
any reprisal for reporting violations of any regulation or standards 
under the Act;
    (5) Utilization of services (e.g., National Agricultural Library, 
National Library of Medicine) available to provide information:
    (i) On appropriate methods of animal care and use;
    (ii) On alternatives to the use of live animals in research;
    (iii) That could prevent unintended and unnecessary duplication of 
research involving animals; and
    (iv) Regarding the intent and requirements of the Act.



Sec. 2.33  Attending veterinarian and adequate veterinary care.

    (a) Each research facility shall have an attending veterinarian who 
shall provide adequate veterinary care to its animals in compliance with 
this section:
    (1) Each research facility shall employ an attending veterinarian 
under formal arrangements. In the case of a part-time attending 
veterinarian or consultant arrangements, the formal arrangements shall 
include a written program of veterinary care and regularly scheduled 
visits to the research facility;
    (2) Each research facility shall assure that the attending 
veterinarian has appropriate authority to ensure the provision of 
adequate veterinary care and to oversee the adequacy of other aspects of 
animal care and use; and
    (3) The attending veterinarian shall be a voting member of the 
IACUC; Provided, however, That a research facility with more than one 
Doctor of Veterinary Medicine (DVM) may appoint to the IACUC another DVM 
with delegated program responsibility for activities involving animals 
at the research facility.
    (b) Each research facility shall establish and maintain programs of 
adequate veterinary care that include:
    (1) The availability of appropriate facilities, personnel, 
equipment, and services to comply with the provisions of this 
subchapter;
    (2) The use of appropriate methods to prevent, control, diagnose, 
and treat diseases and injuries, and the availability of emergency, 
weekend, and holiday care;
    (3) Daily observation of all animals to assess their health and 
well-being; Provided, however, That daily observation of animals may be 
accomplished by someone other than the attending veterinarian; and 
Provided, further, That a mechanism of direct and frequent communication 
is required so that timely and accurate information on problems of 
animal health, behavior, and well-being is conveyed to the attending 
veterinarian;
    (4) Guidance to principal investigators and other personnel involved 
in the care and use of animals regarding handling, immobilization, 
anesthesia, analgesia, tranquilization, and euthanasia; and
    (5) Adequate pre-procedural and post-procedural care in accordance 
with current established veterinary medical and nursing procedures.



Sec. 2.34  [Reserved]



Sec. 2.35  Recordkeeping requirements.

    (a) The research facility shall maintain the following IACUC 
records:

[[Page 25]]

    (1) Minutes of IACUC meetings, including records of attendance, 
activities of the Committee, and Committee deliberations;
    (2) Records of proposed activities involving animals and proposed 
significant changes in activities involving animals, and whether IACUC 
approval was given or withheld; and
    (3) Records of semiannual IACUC reports and recommendations 
(including minority views), prepared in accordance with the requirements 
of Sec. 2.31(c)(3) of this subpart, and forwarded to the Institutional 
Official.
    (b) Every research facility shall make, keep, and maintain records 
or forms which fully and correctly disclose the following information 
concerning each live dog or cat purchased or otherwise acquired, owned, 
held, or otherwise in their possession or under their control, 
transported, euthanized, sold, or otherwise disposed of by the research 
facility. The records shall include any offspring born of any animal 
while in the research facility's possession or under its control:
    (1) The name and address of the person from whom a dog or cat was 
purchased or otherwise acquired, whether or not the person is required 
to be licensed or registered under the Act;
    (2) The USDA license or registration number of the person if he or 
she is licensed or registered under the Act;
    (3) The vehicle license number and state, and the driver's license 
number and state of the person, if he or she is not licensed or 
registered under the Act;
    (4) The date of acquisition of each dog or cat;
    (5) The official USDA tag number or tattoo assigned to each dog or 
cat under Sec. 2.38(g) of this subpart;
    (6) A description of each dog or cat which shall include:
    (i) The species and breed or type of animal;
    (ii) The sex;
    (iii) The date of birth or approximate age; and
    (iv) The color and any distinctive markings;
    (7) Any identification number or mark assigned to each dog or cat by 
the research facility.
    (c) In addition to the information required to be kept and 
maintained by every research facility concerning each live dog or cat 
under paragraph (a) of this section, every research facility 
transporting, selling, or otherwise disposing of any live dog or cat to 
another person, shall make and maintain records or forms which fully and 
correctly disclose the following information:
    (1) The name and address of the person to whom a live dog or cat is 
transported, sold, or otherwise disposed of;
    (2) The date of transportation, sale, euthanasia, or other 
disposition of the animal; and
    (3) The method of transportation, including the name of the initial 
carrier or intermediate handler, or if a privately owned vehicle is used 
to transport the dog or cat, the name of the owner of the privately 
owned vehicle.
    (d)(1) The USDA Interstate and International Certificate of Health 
Examination for Small Animals (APHIS Form 7001/VS Form 18-1) and Record 
of Aquisition and Dogs and Cats on Hand (APHIS Form 7005/VS Form 18-5) 
are forms which may be used by research facilities to keep and maintain 
the information required by paragraph (b) of this section.
    (2) The USDA Interstate and International Certificate of Health 
Examination for Small Animals (APHIS Form 7001/VS Form 18-1) and Record 
of Disposition of Dogs and Cats (APHIS Form 7006/VS Form 18-6) are forms 
which may be used by research facilities to keep and maintain the 
information required by paragraph (c) of this section.
    (e) One copy of the record containing the information required by 
paragraphs (b) and (c) of this section shall accompany each shipment of 
any live dog or cat sold or otherwise disposed of by a research 
facility; Provided, however, That, except as provided in Sec. 2.133 of 
this part, information that indicates the source and date of acquisition 
of any dog or cat need not appear on the copy of the record accompanying 
the shipment. One copy of the record containing the information required 
by paragraphs (b) and (c) of this section shall be retained by the 
research facility.

[[Page 26]]

    (f) All records and reports shall be maintained for at least three 
years. Records that relate directly to proposed activities and proposed 
significant changes in ongoing activities reviewed and approved by the 
IACUC shall be maintained for the duration of the activity and for an 
additional three years after completion of the activity. All records 
shall be available for inspection and copying by authorized APHIS or 
funding Federal agency representatives at reasonable times. APHIS 
inspectors will maintain the confidentiality of the information and will 
not remove the materials from the research facilities' premises unless 
there has been an alleged violation, they are needed to investigate a 
possible violation, or for other enforcement purposes. Release of any 
such materials, including reports, summaries, and photographs that 
contain trade secrets or commercial or financial information that is 
privileged or confidential will be governed by applicable sections of 
the Freedom of Information Act. Whenever the Administrator notifies a 
research facility in writing that specified records shall be retained 
pending completion of an investigation or proceeding under the Act, the 
research facility shall hold those records until their disposition is 
authorized in writing by the Administrator.
[54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 
60 FR 13895, Mar. 15, 1995]



Sec. 2.36  Annual report.

    (a) The reporting facility shall be that segment of the research 
facility, or that department, agency, or instrumentality of the United 
States, that uses or intends to use live animals in research, tests, 
experiments, or for teaching. Each reporting facility shall submit an 
annual report to the APHIS, REAC Sector Supervisor for the State where 
the facility is located on or before December 1 of each calendar year. 
The report shall be signed and certified by the CEO or Institutional 
Official, and shall cover the previous Federal fiscal year.
    (b) The annual report shall:
    (1) Assure that professionally acceptable standards governing the 
care, treatment, and use of animals, including appropriate use of 
anesthetic, analgesic, and tranquilizing drugs, prior to, during, and 
following actual research, teaching, testing, surgery, or 
experimentation were followed by the research facility;
    (2) Assure that each principal investigator has considered 
alternatives to painful procedures;
    (3) Assure that the facility is adhering to the standards and 
regulations under the Act, and that it has required that exceptions to 
the standards and regulations be specified and explained by the 
principal investigator and approved by the IACUC. A summary of all such 
exceptions must be attached to the facility's annual report. In addition 
to identifying the IACUC-approved exceptions, this summary must include 
a brief explanation of the exceptions, as well as the species and number 
of animals affected;
    (4) State the location of all facilities where animals were housed 
or used in actual research, testing, teaching, or experimentation, or 
held for these purposes;
    (5) State the common names and the numbers of animals upon which 
teaching, research, experiments, or tests were conducted involving no 
pain, distress, or use of pain-relieving drugs. Routine procedures 
(e.g., injections, tattooing, blood sampling) should be reported with 
this group;
    (6) State the common names and the numbers of animals upon which 
experiments, teaching, research, surgery, or tests were conducted 
involving accompanying pain or distress to the animals and for which 
appropriate anesthetic, analgesic, or tranquilizing drugs were used;
    (7) State the common names and the numbers of animals upon which 
teaching, experiments, research, surgery, or tests were conducted 
involving accompanying pain or distress to the animals and for which the 
use of appropriate anesthetic, analgesic, or tranquilizing drugs would 
have adversely affected the procedures, results, or interpretation of 
the teaching, research, experiments, surgery, or tests. An explanation 
of the procedures producing pain or distress in these animals and

[[Page 27]]

the reasons such drugs were not used shall be attached to the annual 
report;
    (8) State the common names and the numbers of animals being bred, 
conditioned, or held for use in teaching, testing, experiments, 
research, or surgery but not yet used for such purposes.



Sec. 2.37  Federal research facilities.

    Each Federal research facility shall establish an Institutional 
Animal Care and Use Committee which shall have the same composition, 
duties, and responsibilities required of nonfederal research facilities 
by Sec. 2.31 with the following exceptions:
    (a) The Committee shall report deficiencies to the head of the 
Federal agency conducting the research rather than to APHIS; and
    (b) The head of the Federal agency conducting the research shall be 
responsible for all corrective action to be taken at the facility and 
for the granting of all exceptions to inspection protocol.



Sec. 2.38  Miscellaneous.

    (a) Information as to business: furnishing of same by research 
facilities. Each research facility shall furnish to any APHIS official 
any information concerning the business of the research facility which 
the APHIS official may request in connection with the enforcement of the 
provisions of the Act, the regulations, and the standards in this 
subchapter. The information shall be furnished within a reasonable time 
and as may be specified in the request for information.
    (b) Access and inspection of records and property. (1) Each research 
facility shall, during business hours, allow APHIS officials:
    (i) To enter its place of business;
    (ii) To examine records required to be kept by the Act and the 
regulations in this part;
    (iii) To make copies of the records;
    (iv) To inspect the facilities, property, and animals, as the APHIS 
officials consider necessary to enforce the provisions of the Act, the 
regulations, and the standards in this subchapter; and
    (v) To document, by the taking of photographs and other means, 
conditions and areas of noncompliance.
    (2) The use of a room, table or other facilities necessary for the 
proper examination of the records and for inspection of the property or 
animals shall be extended to APHIS officials by the research facility.
    (c) Publication of names of research facilities subject to the 
provisions of this part. APHIS will publish lists of research facilities 
registered in accordance with the provisions of this subpart in the 
Federal Register. The lists may be obtained upon request from the APHIS, 
REAC Sector Supervisor.
    (d) Inspection for missing animals. Each research facility shall 
allow, upon request and during business hours, police or officers of 
other law enforcement agencies with general law enforcement authority 
(not those agencies whose duties are limited to enforcement of local 
animal regulations) to enter its place of business to inspect animals 
and records for the purpose of seeking animals that are missing, under 
the following conditions:
    (1) The police or other law officer shall furnish to the research 
facility a written description of the missing animal and the name and 
address of its owner before making a search;
    (2) The police or other law officer shall abide by all security 
measures required by the research facility to prevent the spread of 
disease, including the use of sterile clothing, footwear, and masks 
where required, or to prevent the escape of an animal.
    (e) Confiscation and destruction of animals. (1) If an animal being 
held by a research facility is not being used to carry out research, 
testing, or experimentation, and is found by an APHIS official to be 
suffering as a result of the failure of the research facility to comply 
with any provision of the regulations or the standards set forth in this 
subchapter, the APHIS official shall make a reasonable effort to notify 
the research facility of the condition of the animal(s) and request that 
the condition be corrected and that adequate care be given to alleviate 
the animal's suffering or distress, or that the animal(s) be destroyed 
by euthanasia. In

[[Page 28]]

the event that the research facility refuses to comply with this 
request, the APHIS official may confiscate the animal(s) for care, 
treatment, or disposal as indicated in paragraph (e)(2) of this section, 
if, in the opinion of the Administrator, the circumstances indicate the 
animal's health is in danger.
    (2) In the event that the APHIS official is unable to locate or 
notify the research facility as required in this section, the APHIS 
official shall contact a local police or other law officer to accompany 
him or her to the premises and shall provide for adequate care when 
necessary to alleviate the animal's suffering. If, in the opinion of the 
Administrator, the condition of the animal(s) cannot be corrected by 
this temporary care, the APHIS official shall confiscate the animal(s).
    (3) Confiscated animals may be placed, by sale or donation, with 
other registrants or licensees that comply with the standards and 
regulations and can provide proper care, or they may be euthanized. The 
research facility from which the animals were confiscated shall bear all 
costs incurred in performing the placement or euthanasia activities 
authorized by this section.
    (f) Handling. (1) Handling of all animals shall be done as 
expeditiously and carefully as possible in a manner that does not cause 
trauma, overheating, excessive cooling, behavioral stress, physical 
harm, or unnecessary discomfort.
    (2)(i) Physical abuse shall not be used to train, work, or otherwise 
handle animals.
    (ii) Deprivation of food or water shall not be used to train, work, 
or otherwise handle animals; Provided, however: That the short-term 
withholding of food or water from animals, when specified in an IACUC-
approved activity that includes a description of monitoring procedures, 
is allowed by these regulations.
    (g) Identification of dogs and cats. (1) All live dogs or cats, 
including those from any exempt source, delivered for transportation, 
transported, purchased or otherwise acquired. sold, or disposed of by a 
research facility, shall be identified at the time of such delivery for 
transportation, purchase, sale, disposal, or acquisition in one of the 
following ways:
    (i) By the official tag or tattoo which was affixed to the animal at 
the time it was acquired by the research facility, as required by this 
section; or
    (ii) By a tag, tattoo, or collar, applied to the live dog or cat by 
the research facility and which individually identifies the dog or cat 
by number.
    (2) All official tag or tattoo numbers shall be correctly listed in 
the records of purchase, acquisition, disposal, or sale which shall be 
maintained in accordance with Sec. 2.35.
    (3) Unweaned puppies or kittens need not be individually identified 
while they are maintained as a litter with their dam in the same primary 
enclosure, provided the dam has been individually identified.
    (4) The official tag shall be made of a durable alloy such as brass, 
bronze, or steel, or of a durable plastic. Aluminum of a sufficient 
thickness to assure the tag is durable and legible may also be used. The 
tag may be circular in shape and not less than 1\1/4\ inches in 
diameter, or oblong and flat in shape and not less than 2 inches by \3/
4\ inch, and riveted to an acceptable collar.
    (5) Each tag shall have the following information embossed or 
stamped on so that it is easily readable:
    (i) The letters ``USDA'';
    (ii) Numbers identifying the State and dealer, exhibitor, or 
research facility (e.g., 39-AB); and
    (iii) Numbers identifying the animal (e.g., 82488).
    (6) Official tags shall be serially numbered and shall be applied to 
dogs or cats in the manner set forth in this section in as close to 
consecutive numerical order as possible. No tag number shall be used to 
identify more than one animal or shall be reused within a 5-year period.
    (7) Research facilities may obtain, at their own expense, official 
tags from commercial tag manufacturers.\1\ At the time the research 
facility is registered,

[[Page 29]]

the Department will assign identification letters and numbers to be used 
on the official tags.
---------------------------------------------------------------------------


    \1\ A list of the commercial manufacturers who produce these tags 
and are known to the Department may be obtained from the APHIS, REAC 
Sector Supervisor. Any manufacturer who desires to be included in the 
list should notify the Administrator.
---------------------------------------------------------------------------

    (8) Each research facility shall be held accountable for all 
official tags acquired. In the event an official tag is lost from a dog 
or cat while in the possession of a research facility, the facility 
shall make a diligent effort to locate and reapply the tag to the proper 
animal. If the lost tag is not located, the research facility shall 
affix another official tag to the animal in the manner prescribed in 
this section and record the tag number on the official records.
    (9) When a dog or cat wearing or identified by an official tag 
arrives at a research facility, the facility may continue to use that 
tag to identify the dog or cat or the tag may be replaced as indicated 
in paragraph (g)(1) of this section. All tags removed by a research 
facility shall be retained and disposed of as indicated in this section.
    (10) Where a dog or cat to which is affixed or which is identified 
by an official tag is euthanized, or dies from other causes, the 
research facility shall remove and retain the tag for the required 
period, as set forth in paragraph (g)(11) of this section.
    (11) All official tags removed and retained by a research facility 
shall be held until called for by an APHIS official or for a period of 1 
year.
    (12) When official tags are removed from animals for disposal, the 
tags must be disposed of so as to preclude their reuse for animal 
identification. No animal identification number shall be used within any 
5-year period following its previous use.
    (h) Health certification. (1) No research facility, including a 
Federal research facility, shall deliver to any intermediate handler or 
carrier for transportation, in commerce, or shall transport in commerce 
any dog, cat, or nonhuman primate unless the dog, cat, or nonhuman 
primate is accompanied by a health certificate executed and issued by a 
licensed veterinarian. The health certificate shall state that:
    (i) The licensed veterinarian inspected the dog, cat, or nonhuman 
primate on a specified date which shall not be more than 10 days prior 
to the delivery of the dog, cat, or nonhuman primate for transportation; 
and
    (ii) When so inspected, the dog, cat, or nonhuman primate appeared 
to the licensed veterinarian to be free of any infectious disease or 
physical abnormality which would endanger the animal(s) or other animals 
or endanger public health.
    (2) The Secretary may provide exceptions to the health certification 
requirement on an individual basis for animals shipped to a research 
facility for purposes of research, testing, or experimentation when the 
research facility requires animals not eligible for certification. 
Requests should be addressed to the Animal and Plant Health Inspection 
Service, Regulatory Enforcement and Animal Care, Animal Care, 4700 River 
Road, Unit 84, Riverdale, Maryland 20737-1234.
    (3) The U.S. Interstate and International Certificate of Health 
Examination for Small Animals (APHIS Form 7001/VS Form 18-1) may be used 
for health certification by a licensed veterinarian as required by this 
section.
    (i) Holding of animals. If any research facility obtains prior 
approval of the APHIS, REAC Sector Supervisor, it may arrange to have 
another person hold animals: Provided, That:
    (1) The other person agrees, in writing, to comply with the 
regulations in this part and the standards in part 3 of this subchapter, 
and to allow inspection of the premises by an APHIS official during 
business hours;
    (2) The animals remain under the total control and responsibility of 
the research facility; and
    (3) The Institutional Official agrees, in writing, that the other 
person or premises is a recognized animal site under its research 
facility registration. APHIS Form 7009/VS Form 18-9 shall be used for 
approval.
    (j) Holding period. Research facilities that obtain dogs and cats 
from sources other than dealers, exhibitors, and exempt persons shall 
hold the animals for 5 full days, not including the day of acquisition, 
after acquiring the animal, excluding time in transit, before they may 
be used by the facility. Research

[[Page 30]]

facilities shall comply with the identification of animals requirements 
set forth in Sec. 2.38(g) during this period.
    (k) Compliance with standards and prohibitions. (1) Each research 
facility shall comply in all respects with the regulations set forth in 
subpart C of this part and the standards set forth in part 3 of this 
subchapter for the humane handling, care, treatment, housing, and 
transportation of animals; Provided, however, That exceptions to the 
standards in part 3 and the provisions of subpart C of this part may be 
made only when such exceptions are specified and justified in the 
proposal to conduct the activity and are approved by the IACUC.
    (2) No person shall obtain live random source dogs or cats by use of 
false pretenses, misrepresentation, or deception.
    (3) No person shall acquire, buy, sell, exhibit, use for research, 
transport, or offer for transportation, any stolen animal.
    (4) Each research facility shall comply with the regulations set 
forth in Sec. 2.133 of subpart I of this part.
[54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 
59 FR 67612, Dec. 30, 1994; 60 FR 13895, Mar. 15, 1995]



     Subpart D--Attending Veterinarian and Adequate Veterinary Care



Sec. 2.40  Attending veterinarian and adequate veterinary care (dealers and exhibitors).

    (a) Each dealer or exhibitor shall have an attending veterinarian 
who shall provide adequate veterinary care to its animals in compliance 
with this section.
    (1) Each dealer and exhibitor shall employ an attending veterinarian 
under formal arrangements. In the case of a part-time attending 
veterinarian or consultant arrangements, the formal arrangements shall 
include a written program of veterinary care and regularly scheduled 
visits to the premises of the dealer or exhibitor; and
    (2) Each dealer and exhibitor shall assure that the attending 
veterinarian has appropriate authority to ensure the provision of 
adequate veterinary care and to oversee the adequacy of other aspects of 
animal care and use.
    (b) Each dealer or exhibitor shall establish and maintain programs 
of adequate veterinary care that include:
    (1) The availability of appropriate facilities, personnel, 
equipment, and services to comply with the provisions of this 
subchapter;
    (2) The use of appropriate methods to prevent, control, diagnose, 
and treat diseases and injuries, and the availability of emergency, 
weekend, and holiday care;
    (3) Daily observation of all animals to assess their health and 
well-being; Provided, however, That daily observation of animals may be 
accomplished by someone other than the attending veterinarian; and 
Provided, further, That a mechanism of direct and frequent communication 
is required so that timely and accurate information on problems of 
animal health, behavior, and well-being is conveyed to the attending 
veterinarian;
    (4) Adequate guidance to personnel involved in the care and use of 
animals regarding handling, immobilization, anesthesia, analgesia, 
tranquilization, and euthanasia; and
    (5) Adequate pre-procedural and post-procedural care in accordance 
with established veterinary medical and nursing procedures.



                  Subpart E--Identification of Animals



Sec. 2.50  Time and method of identification.

    (a) A class ``A'' dealer (breeder) shall identify all live dogs and 
cats on the premises as follows:
    (1) All live dogs and cats held on the premises, purchased, or 
otherwise acquired, sold or otherwise disposed of, or removed from the 
premises for delivery to a research facility or exhibitor or to another 
dealer, or for sale, through an auction sale or to any person for use as 
a pet, shall be identified by an official tag of the type described in 
Sec. 2.51 affixed to the animal's neck by means of a collar made of 
material generally considered acceptable to pet owners as a means of 
identifying their pet dogs or

[[Page 31]]

cats \2\, or shall be identified by a distinctive and legible tattoo 
marking acceptable to and approved by the Administrator.
---------------------------------------------------------------------------


    \2\ In general, well fitted collars made of leather or plastic will 
be acceptable under this provision. The use of certain types of chains 
presently used by some dealers may also be deemed acceptable. APHIS will 
determine the acceptability of a material proposed for usage as collars 
from the standpoint of humane considerations on an individual basis in 
consultation with the dealer or exhibitor involved. The use of materials 
such as wire, elastic, or sharp metal that might cause discomfort or 
injury to the dogs or cats is not acceptable.
---------------------------------------------------------------------------

    (2) Live puppies or kittens, less than 16 weeks of age, shall be 
identified by:
    (i) An official tag as described in Sec. 2.51;
    (ii) A distinctive and legible tattoo marking approved by the 
Administrator; or
    (iii) A plastic-type collar acceptable to the Administrator which 
has legibly placed thereon the information required for an official tag 
pursuant to Sec. 2.51.
    (b) A class ``B'' dealer shall identify all live dogs and cats under 
his or her control or on his or her premises as follows:
    (1) When live dogs or cats are held, purchased, or otherwise 
acquired, they shall be immediately identified:
    (i) By affixing to the animal's neck an official tag as set forth in 
Sec. 2.51 by means of a collar made of material generally acceptable to 
pet owners as a means of identifying their pet dogs or cats \3\; or
---------------------------------------------------------------------------


    \3\ See footnote 2 in Sec. 2.50(a)(1).
---------------------------------------------------------------------------

    (ii) By a distinctive and legible tattoo marking approved by the 
Administrator.
    (2) If any live dog or cat is already identified by an official tag 
or tattoo which has been applied by another dealer or exhibitor, the 
dealer or exhibitor who purchases or otherwise acquires the animal may 
continue identifying the dog or cat by the previous identification 
number, or may replace the previous tag with his own official tag or 
approved tattoo. In either case, the class B dealer or class C exhibitor 
shall correctly list all old and new official tag numbers or tattoos in 
his or her records of purchase which shall be maintained in accordance 
with Secs. 2.75 and 2.77. Any new official tag or tattoo number shall be 
used on all records of any subsequent sales by the dealer or exhibitor, 
of any dog or cat.
    (3) Live puppies or kittens less than 16 weeks of age, shall be 
identified by:
    (i) An official tag as described in Sec. 2.51;
    (ii) A distinctive and legible tattoo marking approved by the 
Administrator; or
    (iii) A plastic-type collar acceptable to the Administrator which 
has legibly placed thereon the information required for an official tag 
pursuant to Sec. 2.51.
    (4) When any dealer has made a reasonable effort to affix an 
official tag to a cat, as set forth in paragraphs (a) and (b) of this 
section, and has been unable to do so, or when the cat exhibits serious 
distress from the attachment of a collar and tag, the dealer shall 
attach the collar and tag to the door of the primary enclosure 
containing the cat and take measures adequate to maintain the identity 
of the cat in relation to the tag. Each primary enclosure shall contain 
no more than one weaned cat without an affixed collar and official tag, 
unless the cats are identified by a distinctive and legible tattoo or 
plastic-type collar approved by the Administrator.
    (c) A class ``C'' exhibitor shall identify all live dogs and cats 
under his or her control or on his or her premises, whether held, 
purchased, or otherwise acquired:
    (1) As set forth in paragraph (b)(1) or (b)(3) of this section, or
    (2) By identifying each dog or cat with:
    (i) An official USDA sequentially numbered tag that is kept on the 
door of the animal's cage or run;
    (ii) A record book containing each animal's tag number, a written 
description of each animal, the data required by Sec. 2.75(a), and a 
clear photograph of each animal; and
    (iii) A duplicate tag that accompanies each dog or cat whenever it 
leaves the compound or premises.
    (d) Unweaned puppies or kittens need not be individually identified 
as required by paragraphs (a) and (b) of this section while they are 
maintained as a

[[Page 32]]

litter with their dam in the same primary enclosure, provided the dam 
has been individually identified.
    (e)(1) All animals, except dogs and cats, delivered for 
transportation, transported, purchased, sold, or otherwise acquired or 
disposed of by any dealer or exhibitor shall be identified by the dealer 
or exhibitor at the time of delivery for transportation, purchase, sale, 
acquisition or disposal, as provided for in this paragraph and in 
records maintained as required in Secs. 2.75 and 2.77.
    (2) When one or more animals, other than dogs or cats, are confined 
in a primary enclosure, the animal(s) shall be identified by:
    (i) A label attached to the primary enclosure which shall bear a 
description of the animals in the primary enclosure, including:
    (A) The number of animals;
    (B) The species of the animals;
    (C) Any distinctive physical features of the animals; and
    (D) Any identifying marks, tattoos, or tags attached to the animals;
    (ii) Marking the primary enclosure with a painted or stenciled 
number which shall be recorded in the records of the dealer or exhibitor 
together with:
    (A) A description of the animal(s);
    (B) The species of the animal(s); and
    (C) Any distinctive physical features of the animal(s); or
    (iii) A tag or tattoo applied to each animal in the primary 
enclosure by the dealer or exhibitor which individually identifies each 
animal by description or number.
    (3) When any animal, other than a dog or cat, is not confined in a 
primary enclosure, it shall be identified on a record, as required by 
Sec. 2.75, which shall accompany the animal at the time it is delivered 
for transportation, transported, purchased, or sold, and shall be kept 
and maintained by the dealer or exhibitor as part of his or her records.



Sec. 2.51  Form of official tag.

    (a) The official tag shall be made of a durable alloy such as brass, 
bronze, or steel, or of a durable plastic. Aluminum of a sufficient 
thickness to assure the tag is durable and legible may also be used. The 
tag shall be one of the following shapes:
    (1) Circular in shape and not less than 1\1/4\ inches in diameter, 
or
    (2) Oblong and flat in shape, not less than 2 inches by \3/4\ inch 
and riveted to an acceptable collar.
    (b) Each tag shall have the following information embossed or 
stamped on so that it is easily readable:
    (1) The letters ``USDA'';
    (2) Numbers identifying the State and dealer, exhibitor, or research 
facility (e.g., 39-AB); and
    (3) Numbers identifying the animal (e.g., 82488).
    (c) Official tags shall be serially numbered. No individual dealer 
or exhibitor shall use any identification tag number more than once 
within a 5-year period.



Sec. 2.52  How to obtain tags.

    Dealers or exhibitors may obtain, at their own expense, official 
tags from commercial tag manufacturers.\4\ At the time the dealer or 
exhibitor is issued a license or is registered, the Department will 
assign identification letters and numbers and inform them of the 
identification letters and numbers to be used on the official tags.
---------------------------------------------------------------------------


    \4\ A list of the commercial manufacturers who produce these tags 
and are known to the Department may be obtained from the APHIS, REAC 
Sector Supervisor. Any manufacturer who desires to be included in the 
list should notify the Administrator.
---------------------------------------------------------------------------



Sec. 2.53  Use of tags.

    Official tags obtained by a dealer, exhibitor, or research facility, 
shall be applied to dogs or cats in the manner set forth in Sec. 2.50 
and in as close to consecutive numerical order as possible. No tag 
number shall be used to identify more than one animal. No number shall 
be repeated within a 5-year period.



Sec. 2.54  Lost tags.

    Each dealer or exhibitor shall be held accountable for all official 
tags acquired. In the event an official tag is lost from a dog or cat 
while in the possession of a dealer or exhibitor, the dealer or 
exhibitor shall make a diligent effort to locate and reapply the

[[Page 33]]

tag to the proper animal. If the lost tag is not located, the dealer or 
exhibitor shall affix another official tag to the animal in the manner 
prescribed in Sec. 2.50, and record the tag number on the official 
records.



Sec. 2.55  Removal and disposal of tags.

    (a) Where a dog or cat to which is affixed or which is identified by 
an official tag is euthanized, or dies from other causes, the dealer or 
exhibitor shall remove and retain the tag for the required period, as 
set forth in paragraph (b) of this section.
    (b) All official tags removed and retained by a dealer or exhibitor 
shall be held until called for by an APHIS official or for a period of 1 
year.
    (c) When official tags are removed from animals for disposal, the 
tags must be disposed of so as to preclude their reuse for animal 
identification. No animal identification number shall be used within any 
5-year period following its previous use.



                        Subpart F--Stolen Animals



Sec. 2.60  Prohibition on the purchase, sale, use, or transportation of stolen animals.

    No person shall buy, sell, exhibit, use for research, transport, or 
offer for transportation, any stolen animal.



                           Subpart G--Records



Sec. 2.75  Records: Dealers and exhibitors.

    (a)(1) Each dealer, other than operators of auction sales and 
brokers to whom animals are consigned, and each exhibitor shall make, 
keep, and maintain records or forms which fully and correctly disclose 
the following information concerning each dog or cat purchased or 
otherwise acquired, owned, held, or otherwise in his or her possession 
or under his or her control, or which is transported, euthanized, sold, 
or otherwise disposed of by that dealer or exhibitor. The records shall 
include any offspring born of any animal while in his or her possession 
or under his or her control.
    (i) The name and address of the person from whom a dog or cat was 
purchased or otherwise acquired whether or not the person is required to 
be licensed or registered under the Act;
    (ii) The USDA license or registration number of the person if he or 
she is licensed or registered under the Act;
    (iii) The vehicle license number and state, and the driver's license 
number and state of the person, if he or she is not licensed or 
registered under the Act;
    (iv) The name and address of the person to whom a dog or cat was 
sold or given and that person's license or registration number if he or 
she is licensed or registered under the Act;
    (v) The date a dog or cat was acquired or disposed of, including by 
euthanasia;
    (vi) The official USDA tag number or tattoo assigned to a dog or cat 
under Secs. 2.50 and 2.54;
    (vii) A description of each dog or cat which shall include:
    (A) The species and breed or type;
    (B) The sex;
    (C) The date of birth or approximate age; and
    (D) The color and any distinctive markings;
    (viii) The method of transportation including the name of the 
initial carrier or intermediate handler or, if a privately owned vehicle 
is used to transport a dog or cat, the name of the owner of the 
privately owned vehicle;
    (ix) The date and method of disposition of a dog or cat, e.g., sale, 
death, euthanasia, or donation.
    (2) Each dealer and exhibitor shall use Record of Aquisition and 
Dogs and Cats on Hand (APHIS Form 7005/VS Form 18-5) and Record of 
Disposition of Dogs and Cats (APHIS Form 7006/VS Form 18-6) to make, 
keep, and maintain the information required by paragraph (a)(1) of this 
section: Provided, that if a dealer or exhibitor who uses a computerized 
recordkeeping system believes that APHIS Form 7005/VS Form 18-5 and 
APHIS Form 7006/VS Form 18-6 are unsuitable for him or her to make, 
keep, and maintain the information required by paragraph (a)(1) of this 
section, the dealer or exhibitor may request a variance from the 
requirement to use APHIS Form 7005/VS Form 18-5 and APHIS Form 7006/VS 
Form 18-6.

[[Page 34]]

    (i) The request for a variance must consist of a written statement 
describing why APHIS Form 7005/VS Form 18-5 and APHIS Form 7006/VS Form 
18-6 are unsuitable for the dealer or exhibitor to make, keep, and 
maintain the information required by paragraph (a)(1) of this section, 
and a description of the computerized recordkeeping system the person 
would use in lieu of APHIS Form 7005/VS Form 18-5 and APHIS Form 7006/VS 
Form 18-6 to make, keep, and maintain the information required by 
paragraph (a)(1) of this section. APHIS will advise the person as to the 
disposition of his or her request for a variance from the requirement to 
use APHIS Form 7005/VS Form 18-5 and APHIS Form 7006/VS Form 18-6.
    (ii) A dealer or exhibitor whose request for a variance has been 
denied may request a hearing in accordance with the applicable rules of 
practice for the purpose of showing why the request for a variance 
should not be denied. The denial of the variance shall remain in effect 
until the final legal decision has been rendered.
    (3) The USDA Interstate and International Certificate of Health 
Examination for Small Animals (APHIS Form 7001/VS Form 18-1) may be used 
by dealers and exhibitors to make, keep, and maintain the information 
required by Sec. 2.79.
    (4) One copy of the record containing the information required by 
paragraph (a)(1) of this section shall accompany each shipment of any 
dog or cat purchased or otherwise acquired by a dealer or exhibitor. One 
copy of the record containing the information required by paragraph 
(a)(1) of this section shall accompany each shipment of any dog or cat 
sold or otherwise disposed of by a dealer or exhibitor: Provided, 
however, that, except as provided in Sec. 2.133(b) of this part for 
dealers, information that indicates the source and date of acquisition 
of a dog or cat need not appear on the copy of the record accompanying 
the shipment. One copy of the record containing the information required 
by paragraph (a)(1) of this section shall be retained by the dealer or 
exhibitor.
    (b)(1) Every dealer other than operators of auction sales and 
brokers to whom animals are consigned, and exhibitor shall make, keep, 
and maintain records or forms which fully and correctly disclose the 
following information concerning animals other than dogs and cats, 
purchased or otherwise acquired, owned, held, leased, or otherwise in 
his or her possession or under his or her control, or which is 
transported, sold, euthanized, or otherwise disposed of by that dealer 
or exhibitor. The records shall include any offspring born of any animal 
while in his or her possession or under his or her control.
    (i) The name and address of the person from whom the animals were 
purchased or otherwise acquired;
    (ii) The USDA license or registration number of the person if he or 
she is licensed or registered under the Act;
    (iii) The vehicle license number and state, and the driver's license 
number and state of the person, if he or she is not licensed or 
registered under the Act;
    (iv) The name and address of the person to whom an animal was sold 
or given;
    (v) The date of purchase, acquisition, sale, or disposal of the 
animal(s);
    (vi) The species of the animal(s); and
    (vii) The number of animals in the shipment.
    (2) Record of Animals on Hand (other than dogs and cats) (APHIS Form 
7019/VS Form 18-19) and Record of Acquisition, Disposition, or Transport 
of Animals (other than dogs and cats) (APHIS Form 7020/VS Form 18-20) 
are forms which may be used by dealers and exhibitors to keep and 
maintain the information required by paragraph (b)(1) of this section 
concerning animals other than dogs and cats except as provided in 
Sec. 2.79.
    (3) One copy of the record containing the information required by 
paragraph (b)(1) of this section shall accompany each shipment of any 
animal(s) other than a dog or cat purchased or otherwise acquired by a 
dealer or exhibitor. One copy of the record containing the information 
required by paragraph (b)(1) of this section shall accompany each 
shipment of any animal other than a dog or cat sold or otherwise 
disposed of by a dealer or exhibitor; Provided, however, That 
information which

[[Page 35]]

indicates the source and date of acquisition of any animal other than a 
dog or cat need not appear on the copy of the record accompanying the 
shipment. The dealer or exhibitor shall retain one copy of the record 
containing the information required by paragraph (b)(1) of this section.
[54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 
58 FR 45041, Aug. 26, 1993; 60 FR 13895, Mar. 15, 1995]



Sec. 2.76  Records: Operators of auction sales and brokers.

    (a) Every operator of an auction sale or broker shall make, keep, 
and maintain records or forms which fully and correctly disclose the 
following information concerning each animal consigned for auction or 
sold, whether or not a fee or commission is charged:
    (1) The name and address of the person who owned or consigned the 
animal(s) for sale;
    (2) The name and address of the buyer or consignee who received the 
animal;
    (3) The USDA license or registration number of the person(s) 
selling, consigning, buying, or receiving the animals if he or she is 
licensed or registered under the Act;
    (4) The vehicle license number and state, and the driver's license 
number and state of the person, if he or she is not licensed or 
registered under the Act;
    (5) The date of the consignment;
    (6) The official USDA tag number or tattoo assigned to the animal 
under Secs. 2.50 and 2.54;
    (7) A description of the animal which shall include:
    (i) The species and breed or type of animal;
    (ii) The sex of the animal; and
    (iii) The date of birth or approximate age; and
    (iv) The color and any distinctive markings;
    (8) The auction sales number or records number assigned to the 
animal.
    (b) One copy of the record containing the information required by 
paragraph (a) of this section shall be given to the consignor of each 
animal, one copy of the record shall be given to the purchaser of each 
animal: Provided, however, That information which indicates the source 
and date of consignment of any animal need not appear on the copy of the 
record given the purchaser of any animal. One copy of the record 
containing the information required by paragraph (a) of this section 
shall be retained by the operator of such auction sale, or broker, for 
each animal sold by the auction sale or broker.



Sec. 2.77  Records: Carriers and intermediate handlers.

    (a) In connection with all live animals accepted for shipment on a 
C.O.D. basis or other arrangement or practice under which the cost of an 
animal or the transportation of an animal is to be paid and collected 
upon delivery of the animal to the consignee, the accepting carrier or 
intermediate handler, if any, shall keep and maintain a copy of the 
consignor's written guarantee for the payment of transportation charged 
for any animal not claimed as provided in Sec. 2.80, including, where 
necessary, both the return transportation charges and an amount 
sufficient to reimburse the carrier for out-of-pocket expenses incurred 
for the care, feeding, and storage of the animal. The carrier or 
intermediate handler at destination shall also keep and maintain a copy 
of the shipping document containing the time, date, and method of each 
attempted notification and the final notification to the consignee and 
the name of the person notifying the consignee, as provided in 
Sec. 2.80.
    (b) In connection with all live dogs, cats, or nonhuman primates 
delivered for transportation, in commerce, to any carrier or 
intermediate handler, by any dealer, research facility, exhibitor, 
operator of an auction sale, broker, or department, agency or 
instrumentality of the United States or of any state or local 
government, the accepting carrier or intermediate handler shall keep and 
maintain a copy of the health certification completed as required by 
Sec. 2.79, tendered with each live dog, cat, or nonhuman primate.



Sec. 2.78  Health certification and identification.

    (a) No dealer, exhibitor, operator of an auction sale, broker, or 
department, agency, or instrumentality of the United States or of any 
State or local

[[Page 36]]

government shall deliver to any intermediate handler or carrier for 
transportation, in commerce, or shall transport in commerce any dog, 
cat, or nonhuman primate unless the dog, cat, or nonhuman primate is 
accompanied by a health certificate executed and issued by a licensed 
veterinarian. The health certificate shall state that:
    (1) The licensed veterinarian inspected the dog, cat, or nonhuman 
primate on a specified date which shall not be more than 10 days prior 
to the delivery of the dog, cat, or nonhuman primate for transportation; 
and
    (2) when so inspected, the dog, cat, or nonhuman primate appeared to 
the licensed veterinarian to be free of any infectious disease or 
physical abnormality which would endanger the animal(s) or other animals 
or endanger public health.
    (b) The Secretary may provide exceptions to the health certification 
requirement on an individual basis for animals shipped to a research 
facility for purposes of research, testing, or experimentation when the 
research facility requires animals not eligible for certification. 
Requests should be addressed to the Animal and Plant Health Inspection 
Service, Regulatory Enforcement and Animal Care, Animal Care, 4700 River 
Road, Unit 84, Riverdale, Maryland 20737-1234.
    (c) No intermediate handler or carrier to whom any live dog, cat, or 
nonhuman primate is delivered for transportation by any dealer, research 
facility, exhibitor, broker, operator of an auction sale, or department, 
agency, or instrumentality of the United States or any State or local 
government shall receive a live dog, cat, or nonhuman primate for 
transportation, in commerce, unless and until it is accompanied by a 
health certificate issued by a licensed veterinarian in accordance with 
paragraph (a) of this section, or an exemption issued by the Secretary 
in accordance with paragraph (b) of this section.
    (d) The U.S. Interstate and International Certificate of Health 
Examination for Small Animals (APHIS Form 7001/VS Form 18-1) may be used 
for health certification by a licensed veterinarian as required by this 
section.
[54 FR 36147, August 31, 1989, as amended at 59 FR 67612, Dec. 30, 1994; 
60 FR 13896, Mar. 15, 1995]



Sec. 2.79  C.O.D. shipments.

    (a) No carrier or intermediate handler shall accept any animal for 
transportation, in commerce, upon any C.O.D. or other basis where any 
money is to be paid and collected upon delivery of the animal to the 
consignee, unless the consignor guarantees in writing the payment of all 
transportation, including any return transportation, if the shipment is 
unclaimed or the consignee cannot be notified in accordance with 
paragraphs (b) and (c) of this section, including reimbursing the 
carrier or intermediate handler for all out-of-pocket expenses incurred 
for the care, feeding, and storage or housing of the animal.
    (b) Any carrier or intermediate handler receiving an animal at a 
destination on a C.O.D. or other basis any money is to be paid and 
collected upon delivery of the animal to the consignee shall attempt to 
notify the consignee at least once every 6 hours for a period of 24 
hours after arrival of the animal at the animal holding area of the 
terminal cargo facility. The carrier or intermediate handler shall 
record the time, date, and method of each attempted notification and the 
final notification to the consignee, and the name of the person 
notifying the consignee, on the shipping document and on the copy of the 
shipping document accompanying the C.O.D. shipment. If the consignee 
cannot be notified of the C.O.D. shipment within 24 hours after its 
arrival, the carrier or intermediate handler shall return the animal to 
the consignor, or to whomever the consignor has designated, on the next 
practical available transportation, in accordance with the written 
agreement required in paragraph (a) of this section and shall notify the 
consignor. Any carrier or intermediate handler which has notified a 
consignee of the arrival of a C.O.D. or other shipment of an animal, 
where any money is to be paid and collected upon delivery of the animal 
to the consignee, which is not claimed by the consignee within 48

[[Page 37]]

hours from the time of notification, shall return the animal to the 
consignor, or to whomever the consignor has designated, on the next 
practical available transportation, in accordance with the written 
agreement required in paragraph (a) of this section and shall notify the 
consignor.
    (c) It is the responsibility of any carrier or intermediate handler 
to hold, feed, and care for any animal accepted for transportation, in 
commerce, under a C.O.D. or other arrangement where any money is to be 
paid and collected upon delivery of the animal until the consignee 
accepts shipment at destination or until returned to the consignor or 
his or her designee should the consignee fail to accept delivery of the 
animal or if the consignee could not be notified as prescribed in 
paragraph (b) of this section.
    (d) Nothing in this section shall be construed as prohibiting any 
carrier or intermediate handler from requiring any guarantee in addition 
to that required in paragraph (a) of this section for the payment of the 
cost of any transportation or out-of-pocket or other incidental expenses 
incurred in the transportation of any animal.



Sec. 2.80  Records, disposition.

    (a) No dealer, exhibitor, broker, operator of an auction sale, 
carrier, or intermediate handler shall, for a period of 1 year, destroy 
or dispose of, without the consent in writing of the Administrator, any 
books, records, documents, or other papers required to be kept and 
maintained under this part.
    (b) Unless otherwise specified, the records required to be kept and 
maintained under this part shall be held for 1 year after an animal is 
euthanized or disposed of and for any period in excess of one year as 
necessary to comply with any applicable Federal, State, or local law. 
Whenever the Administrator notifies a dealer, exhibitor, broker, 
operator of an auction sale, carrier, or intermediate handler in writing 
that specified records shall be retained pending completion of an 
investigation or proceeding under the Act, the dealer, exhibitor, 
broker, operator of an auction sale, carrier, or intermediate handler 
shall hold those records until their disposition is authorized by the 
Administrator.



         Subpart H--Compliance With Standards and Holding Period



Sec. 2.100  Compliance with standards.

    (a) Each dealer, exhibitor, operator of an auction sale, and 
intermediate handler shall comply in all respects with the regulations 
set forth in part 2 and the standards set forth in part 3 of this 
subchapter for the humane handling, care, treatment, housing, and 
transportation of animals.
    (b) Each carrier shall comply in all respects with the regulations 
in part 2 and the standards in part 3 of this subchapter setting forth 
the conditions and requirements for the humane transportation of animals 
in commerce and their handling, care, and treatment in connection 
therewith.



Sec. 2.101  Holding period.

    (a) Any live dog or cat acquired by a dealer \5\ or exhibitor shall 
be held by him or her, under his or her supervision and control, for a 
period of not less than 5 full days, not including the day of 
acquisition, after acquiring the animal, excluding time in transit: 
Provided, however:
---------------------------------------------------------------------------


    \5\ An operator of an auction sale is not considered to have 
acquired a dog or cat which is sold through the auction sale.
---------------------------------------------------------------------------

    (1) That any live dog or cat acquired by a dealer or exhibitor from 
any private or contract animal pound or shelter shall be held by that 
dealer or exhibitor under his or her supervision and control for a 
period of not less than 10 full days, not including the day of 
acquisition, after acquiring the animal, excluding time in transit;
    (2) Live dogs or cats which have completed a 5-day holding period 
with another dealer or exhibitor, or a 10-day holding period with 
another dealer or exhibitor if obtained from a private or contract 
shelter or pound, may be sold or otherwise disposed of by subsequent 
dealers or exhibitors after a minimum holding period of 24 hours by each 
subsequent dealer or exhibitor excluding time in transit;

[[Page 38]]

    (3) Any dog or cat suffering from disease, emaciation, or injury may 
be destroyed by euthanasia prior to the completion of the holding period 
required by this section; and
    (4) Any live dog or cat, 120 days of age or less, that was obtained 
from the person that bred and raised such dog or cat, may be exempted 
from the 5-day holding requirement and may be disposed of by dealers or 
exhibitors after a minimum holding period of 24 hours, excluding time in 
transit. Each subsequent dealer or exhibitor must also hold each such 
dog or cat for a 24-hour period excluding time in transit.
    (b) During the period in which any dog or cat is being held as 
required by this section, the dog or cat shall be unloaded from any 
means of conveyance in which it was received, for food, water, and rest, 
and shall be handled, cared for, and treated in accordance with the 
standards set forth in part 3, subpart A, of this subchapter and 
Sec. 2.131.



Sec. 2.102  Holding facility.

    (a) If any dealer or exhibitor obtains the prior approval of the 
APHIS, REAC Sector Supervisor, he may arrange to have another person 
hold animals for the required period provided for in paragraph (a) of 
Sec. 2.101: Provided, That:
    (1) The other person agrees in writing to comply with the 
regulations in part 2 and the standards in part 3 of this subchapter and 
to allow inspection of his premises by an APHIS official during business 
hours; and
    (2) The animals remain under the total control and responsibility of 
the dealer or exhibitor.
    (3) Approval will not be given for a dealer or exhibitor holding a 
license as set forth in Sec. 2.1 to have animals held for purposes of 
this section by another licensed dealer or exhibitor. APHIS Form 7009/VS 
Form 18-9 shall be used for approval.
    (b) If any intermediate handler obtains prior approval of the APHIS, 
REAC Sector Supervisor, it may arrange to have another person hold 
animals: Provided, That:
    (1) The other person agrees in writing to comply with the 
regulations in part 2 and the standards in part 3 of this subchapter and 
to allow inspection of the premises by an APHIS official during business 
hours; and
    (2) The animals remain under the total control and responsibility of 
the research facility or intermediate handler.
[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13896, Mar. 15, 1995]



                        Subpart I--Miscellaneous



Sec. 2.125  Information as to business; furnishing of same by dealers, exhibitors, operators of auction sales, intermediate handlers, and carriers.

    Each dealer, exhibitor, operator of an auction sale, intermediate 
handler, and carrier shall furnish to any APHIS official any information 
concerning the business of the dealer, exhibitor, operator of an auction 
sale, intermediate handler or carrier which the APHIS official may 
request in connection with the enforcement of the provisions of the Act, 
the regulations and the standards in this subchapter. The information 
shall be furnished within a reasonable time and as may be specified in 
the request for information.



Sec. 2.126  Access and inspection of records and property.

    (a) Each dealer, exhibitor, intermediate handler, or carrier, shall, 
during business hours, allow APHIS officials:
    (1) To enter its place of business;
    (2) To examine records required to be kept by the Act and the 
regulations in this part;
    (3) To make copies of the records;
    (4) To inspect and photograph the facilities, property and animals, 
as the APHIS officials consider necessary to enforce the provisions of 
the Act, the regulations and the standards in this subchapter; and
    (5) To document, by the taking of photographs and other means, 
conditions and areas of noncompliance.
    (b) The use of a room, table, or other facilities necessary for the 
proper examination of the records and inspection of the property or 
animals shall be extended to APHIS officials by the dealer, exhibitor, 
intermediate handler or carrier.

[[Page 39]]



Sec. 2.127  Publication of names of persons subject to the provisions of this part.

    APHIS will publish lists of persons licensed or registered in 
accordance with the provisions of this part in the Federal Register. The 
lists may be obtained upon request from the APHIS, REAC Sector 
Supervisor.



Sec. 2.128  Inspection for missing animals.

    Each dealer, exhibitor, intermediate handler and carrier shall 
allow, upon request and during business hours, police or officers of 
other law enforcement agencies with general law enforcement authority 
(not those agencies whose duties are limited to enforcement of local 
animal regulations) to enter his or her place of business to inspect 
animals and records for the purpose of seeking animals that are missing, 
under the following conditions:
    (a) The police or other law officer shall furnish to the dealer, 
exhibitor, intermediate handler or carrier a written description of the 
missing animal and the name and address of its owner before making a 
search.
    (b) The police or other law officer shall abide by all security 
measures required by the dealer, exhibitor, intermediate handler or 
carrier to prevent the spread of disease, including the use of sterile 
clothing, footwear, and masks where required, or to prevent the escape 
of an animal.



Sec. 2.129  Confiscation and destruction of animals.

    (a) If an animal being held by a dealer, exhibitor, intermediate 
handler, or by a carrier is found by an APHIS official to be suffering 
as a result of the failure of the dealer, exhibitor, intermediate 
handler, or carrier to comply with any provision of the regulations or 
the standards set forth in this subchapter, the APHIS official shall 
make a reasonable effort to notify the dealer, exhibitor, intermediate 
handler, or carrier of the condition of the animal(s) and request that 
the condition be corrected and that adequate care be given to alleviate 
the animal's suffering or distress, or that the animal(s) be destroyed 
by euthanasia. In the event that the dealer, exhibitor, intermediate 
handler, or carrier refuses to comply with this request, the APHIS 
official may confiscate the animal(s) for care, treatment, or disposal 
as indicated in paragraph (b) of this section, if, in the opinion of the 
Administrator, the circumstances indicate the animal's health is in 
danger.
    (b) In the event that the APHIS official is unable to locate or 
notify the dealer, exhibitor, intermediate handler, or carrier as 
required in this section, the APHIS official shall contact a local 
police or other law officer to accompany him to the premises and shall 
provide for adequate care when necessary to alleviate the animal's 
suffering. If in the opinion of the Administrator, the condition of the 
animal(s) cannot be corrected by this temporary care, the APHIS official 
shall confiscate the animals.
    (c) Confiscated animals may be placed, by sale or donation, with 
other licensees or registrants which comply with the standards and 
regulations and can provide proper care, or they may be euthanized. The 
dealer, exhibitor, intermediate handler, or carrier from whom the 
animals were confiscated shall bear all costs incurred in performing the 
placement or euthanasia activities authorized by this section.



Sec. 2.130  Minimum age requirements.

    No dog or cat shall be delivered by any person to any carrier or 
intermediate handler for transportation, in commerce, or shall be 
transported in commerce by any person, except to a registered research 
facility, unless such dog or cat is at least eight (8) weeks of age and 
has been weaned.



Sec. 2.131  Handling of animals.

    (a)(1) Handling of all animals shall be done as expeditiously and 
carefully as possible in a manner that does not cause trauma, 
overheating, excessive cooling, behavioral stress, physical harm, or 
unnecessary discomfort.
    (2)(i) Physical abuse shall not be used to train, work, or otherwise 
handle animals.
    (ii) Deprivation of food or water shall not be used to train, work, 
or otherwise handle animals; Provided, however, That the short-term 
withholding of

[[Page 40]]

food or water from animals by exhibitors is allowed by these regulations 
as long as each of the animals affected receives its full dietary and 
nutrition requirements each day.
    (b)(1) During public exhibition, any animal must be handled so there 
is minimal risk of harm to the animal and to the public, with sufficient 
distance and/or barriers between the animal and the general viewing 
public so as to assure the safety of animals and the public.
    (2) Performing animals shall be allowed a rest period between 
performances at least equal to the time for one performance.
    (3) Young or immature animals shall not be exposed to rough or 
excessive public handling or exhibited for periods of time which would 
be detrimental to their health or well-being.
    (4) Drugs, such as tranquilizers, shall not be used to facilitate, 
allow, or provide for public handling of the animals.
    (c)(1) Animals shall be exhibited only for periods of time and under 
conditions consistent with their good health and well-being.
    (2) A responsible, knowledgeable, and readily identifiable employee 
or attendant must be present at all times during periods of public 
contact.
    (3) During public exhibition, dangerous animals such as lions, 
tigers, wolves, bears, or elephants must be under the direct control and 
supervision of a knowledgeable and experienced animal handler.
    (4) If public feeding of animals is allowed, the food must be 
provided by the animal facility and shall be appropriate to the type of 
animal and its nutritional needs and diet.



Sec. 2.132  Procurement of random source dogs and cats, dealers.

    (a) A class ``B'' dealer may obtain live random source dogs and cats 
only from:
    (1) Other dealers who are licensed under the Act and in accordance 
with the regulations in part 2;
    (2) State, county, or city owned and operated animal pounds or 
shelters; and
    (3) A legal entity organized and operated under the laws of the 
State in which it is located as an animal pound or shelter, such as a 
humane shelter or contract pound.
    (b) A class ``B'' dealer shall not obtain live random source dogs 
and cats from individuals who have not bred and raised the dogs and cats 
on their own premises.
    (c) Live nonrandom source dogs and cats may be obtained from persons 
who have bred and raised the dogs and cats on their own premises, such 
as hobby breeders.
    (d) No person shall obtain live random source dogs or cats by use of 
false pretenses, misrepresentation, or deception.
    (e) Any dealer, exhibitor, research facility, carrier, or 
intermediate handler who also operates a private or contract animal 
pound or shelter shall comply with the following:
    (1) The animal pound or shelter shall be located on premises that 
are physically separated from the licensed or registered facility. The 
animal housing facility of the pound or shelter shall not be adjacent to 
the licensed or registered facility.
    (2) Accurate and complete records shall be separately maintained by 
the licensee or registrant and by the pound or shelter. The records 
shall be in accordance with Secs. 2.75 and 2.76, unless the animals are 
lost or stray. If the animals are lost or stray, the pound or shelter 
records shall provide:
    (i) An accurate description of the animal;
    (ii) How, where, from whom, and when the dog or cat was obtained;
    (iii) How long the dog or cat was held by the pound or shelter 
before being transferred to the dealer; and
    (iv) The date the dog or cat was transferred to the dealer.
    (3) Any dealer who obtains or acquires a live random source dog or 
cat from a private or contract pound or shelter, including a pound or 
shelter he or she operates, shall hold the dog or cat for a period of at 
least 10 full days, not including the day of acquisition, excluding time 
in transit, after acquiring the animal, and otherwise in accordance with 
Sec. 2.101.

[[Page 41]]



Sec. 2.133  Certification for random source dogs and cats.

    (a) Each of the entities listed in paragraphs (a)(1) through (a)(3) 
of this section that acquire any live dog or cat shall, before selling 
or providing the live dog or cat to a dealer, hold and care for the dog 
or cat for a period of not less than 5 full days after acquiring the 
animal, not including the date of acquisition and excluding time in 
transit. This holding period shall include at least one Saturday. The 
provisions of this paragraph apply to:
    (1) Each pound or shelter owned and operated by a State, county, or 
city;
    (2) Each private pound or shelter established for the purpose of 
caring for animals, such as a humane society, or other organization that 
is under contract with a State, county, or city, that operates as a 
pound or shelter, and that releases animals on a voluntary basis; and
    (3) Each research facility licensed by USDA as a dealer.
    (b) A dealer shall not sell, provide, or make available to any 
person a live random source dog or cat unless the dealer provides the 
recipient of the dog or cat with certification that contains the 
following information:
    (1) The name, address, USDA license number, and signature of the 
dealer;
    (2) The name, address, USDA license or registration number, if such 
number exists, and signature of the recipient of the dog or cat;
    (3) A description of each dog or cat being sold, provided, or made 
available that shall include:
    (i) The species and breed or type (for mixed breeds, estimate the 
two dominant breeds or types);
    (ii) The sex;
    (iii) The date of birth or, if unknown, then the approximate age;
    (iv) The color and any distinctive markings; and
    (v) The Official USDA-approved identification number of the animal. 
However, if the certification is attached to a certificate provided by a 
prior dealer which contains the required description, then only the 
official identification numbers are required;
    (4) The name and address of the person, pound, or shelter from which 
the dog or cat was acquired by the dealer, and an assurance that the 
person, pound, or shelter was notified that the cat or dog might be used 
for research or educational purposes;
    (5) The date the dealer acquired the dog or cat from the person, 
pound, or shelter referred to in paragraph (b)(4) of this section; and
    (6) If the dealer acquired the dog or cat from a pound or shelter, a 
signed statement by the pound or shelter that it met the requirements of 
paragraph (a) of this section. This statement must at least describe the 
animals by their official USDA identification numbers. It may be 
incorporated within the certification if the dealer makes the 
certification at the time that the animals are acquired from the pound 
or shelter or it may be made separately and attached to the 
certification later. If made separately, it must include the same 
information describing each animal as is required in the certification. 
A photocopy of the statement will be regarded as a duplicate original.
    (c) The original certification required under paragraph (b) of this 
section shall accompany the shipment of a live dog or cat to be sold, 
provided, or otherwise made available by the dealer.
    (d) A dealer who acquires a live dog or cat from another dealer must 
obtain from that dealer the certification required by paragraph (b) of 
this section and must attach that certification (including any 
previously attached certification) to the certification which he or she 
provides pursuant to paragraph (b) of this section (a photocopy of the 
original certification will be deemed a duplicate original if the dealer 
does not dispose of all of the dogs or cats in a single transaction).
    (e) A dealer who completes, provides, or receives a certification 
required under paragraph (b) of this section shall keep, maintain, and 
make available for APHIS inspection a copy of the certification for at 
least 1 year following disposition.
    (f) A research facility which acquires any live random source dog or 
cat from a dealer must obtain the certification required under paragraph 
(b) of this section and shall keep, maintain, and make available for 
APHIS inspection the original for at least 3 years following 
disposition.

[[Page 42]]

    (g) In instances where a research facility transfers ownership of a 
live random source dog or cat acquired from a dealer to another research 
facility, a copy of the certification required by paragraph (b) of this 
section must accompany the dog or cat transferred. The research facility 
to which the dog or cat is transferred shall keep, maintain, and make 
available for APHIS inspection the copy of the certification for at 
least 3 years following disposition.
[58 FR 39129, July 22, 1993]



PART 3--STANDARDS--Table of Contents




Subpart A--Specifications for the Humane Handling, Care, Treatment, and 
                     Transportation of Dogs and Cats

                   Facilities and Operating Standards

Sec.
3.1  Housing facilities, general.
3.2  Indoor housing facilities.
3.3  Sheltered housing facilities.
3.4  Outdoor housing facilities.
3.5  Mobile or traveling housing facilities.
3.6  Primary enclosures.

                  Animal Health and Husbandry Standards

3.7  Compatible grouping.
3.8  Exercise for dogs.
3.9  Feeding.
3.10  Watering.
3.11  Cleaning, sanitization, housekeeping, and pest control.
3.12  Employees.

                        Transportation Standards

3.13  Consignments to carriers and intermediate handlers.
3.14  Primary enclosures used to transport live dogs and cats.
3.15  Primary conveyances (motor vehicle, rail, air, and marine).
3.16  Food and water requirements.
3.17  Care in transit.
3.18  Terminal facilities.
3.19  Handling.

Subpart B--Specifications for the Humane Handling, Care, Treatment, and 
               Transportation of Guinea Pigs and Hamsters

                   Facilities and Operating Standards

3.25  Facilities, general.
3.26  Facilities, indoor.
3.27  Facilities, outdoor.
3.28  Primary enclosures.

                  Animal Health and Husbandry Standards

3.29  Feeding.
3.30  Watering.
3.31  Sanitation.
3.32  Employees.
3.33  Classification and separation.
3.34  [Reserved]

                        Transportation Standards

3.35  Consignments to carriers and intermediate handlers.
3.36  Primary enclosures used to transport live guinea pigs and 
          hamsters.
3.37  Primary conveyances (motor vehicle, rail, air, and marine).
3.38  Food and water requirements.
3.39  Care in transit.
3.40  Terminal facilities.
3.41  Handling.

 Subpart C--Specifications for the Humane Handling, Care, Treatment and 
                        Transportation of Rabbits

                   Facilities and Operating Standards

3.50  Facilities, general.
3.51  Facilities, indoor.
3.52  Facilities, outdoor.
3.53  Primary enclosures.

                  Animal Health and Husbandry Standards

3.54  Feeding.
3.55  Watering.
3.56  Sanitation.
3.57  Employees.
3.58  Classification and separation.
3.59  [Reserved]

                        Transportation Standards

3.60  Consignments to carriers and intermediate handlers.
3.61  Primary enclosures used to transport live rabbits.
3.62  Primary conveyances (motor vehicle, rail, air, and marine).
3.63  Food and water requirements.
3.64  Care in transit.
3.65  Terminal facilities.
3.66  Handling.

Subpart D--Specifications for the Humane Handling, Care, Treatment, and 
                   Transportation of Nonhuman Primates

                   Facilities and Operating Standards

3.75  Housing facilities, general.
3.76  Indoor housing facilities.
3.77  Sheltered housing facilities.
3.78  Outdoor housing facilities.
3.79  Mobile or traveling housing facilities.
3.80  Primary enclosures.
3.81  Environment enhancement to promote psychological well-being.

[[Page 43]]

                  Animal Health and Husbandry Standards

3.82  Feeding.

3.83  Watering.

3.84  Cleaning, sanitization, housekeeping, and pest control.

3.85  Employees.

                        Transportation Standards

3.86  Consignments to carriers and intermediate handlers.

3.87  Primary enclosures used to transport nonhuman primates.

3.88  Primary conveyances (motor vehicle, rail, air, and marine).

3.89  Food and water requirements.

3.90  Care in transit.

3.91  Terminal facilities.

3.92  Handling.

Subpart E--Specifications for the Humane Handling, Care, Treatment, and 
                    Transportation of Marine Mammals

                   Facilities and Operating Standards

3.100  Special considerations regarding compliance and/or variance.

3.101  Facilities, general.

3.102  Facilities, indoor.

3.103  Facilities, outdoor.

3.104  Space requirements.

                  Animal Health and Husbandry Standards

3.105  Feeding.

3.106  Water quality.

3.107  Sanitation.

3.108  Employees or attendants.

3.109  Separation.

3.110  Veterinary care.

3.111  [Reserved]

                        Transportation Standards

3.112  Consignments to carriers and intermediate handlers.

3.113  Primary enclosures used to transport marine mammals.

3.114  Primary conveyances (motor vehicle, rail, air, and marine).

3.115  Food and water requirements.

3.116  Care in transit.

3.117  Terminal facilities.
3.118  Handling.

Subpart F--Specifications for the Humane Handling, Care, Treatment, and 
 Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, 
      Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals

                   Facilities and Operating Standards

3.125  Facilities, general.
3.126  Facilities, indoor.
3.127  Facilities, outdoor.
3.128  Space requirements.

                  Animal Health and Husbandry Standards

3.129  Feeding.
3.130  Watering.
3.131  Sanitation.
3.132  Employees.
3.133  Separation.
3.134--3.135  [Reserved]

                        Transportation Standards

3.136  Consignments to carriers and intermediate handlers.
3.137  Primary enclosures used to transport live animals.
3.138  Primary conveyances (motor vehicle, rail, air, and marine).
3.139  Food and water requirements.
3.140  Care in transit.
3.141  Terminal facilities.
3.142  Handling.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 32 FR 3273, Feb. 24, 1967, unless otherwise noted.



Subpart A--Specifications for the Humane Handling, Care, Treatment, and 
                   Transportation of Dogs and Cats \1\

    Source: 56 FR 6486, Feb. 15, 1991, unless otherwise noted.

                   Facilities and Operating Standards



Sec. 3.1  Housing facilities, general.

    (a) Structure; construction. Housing facilities for dogs and cats 
must be designed and constructed so that they are structurally sound. 
They must be kept in good repair, and they must protect the animals from 
injury, contain the animals securely, and restrict other animals from 
entering.
---------------------------------------------------------------------------


    \1\ These minimum standards apply only to live dogs and cats, unless 
stated otherwise.
---------------------------------------------------------------------------

    (b) Condition and site. Housing facilities and areas used for 
storing animal food or bedding must be free of any accumulation of 
trash, waste material, junk, weeds, and other discarded materials. 
Animal areas inside of housing facilities must be kept neat and free of 
clutter, including equipment, furniture, and stored material, but may 
contain materials actually used and necessary for cleaning the area, and

[[Page 44]]

fixtures or equipment necessary for proper husbandry practices and 
research needs. Housing facilities other than those maintained by 
research facilities and Federal research facilities must be physically 
separated from any other business. If a housing facility is located on 
the same premises as another business, it must be physically separated 
from the other business so that animals the size of dogs, skunks, and 
raccoons are prevented from entering it.
    (c) Surfaces--(1) General requirements. The surfaces of housing 
facilities--including houses, dens, and other furniture-type fixtures 
and objects within the facility--must be constructed in a manner and 
made of materials that allow them to be readily cleaned and sanitized, 
or removed or replaced when worn or soiled. Interior surfaces and any 
surfaces that come in contact with dogs or cats must:
    (i) Be free of excessive rust that prevents the required cleaning 
and sanitization, or that affects the structural strength of the 
surface; and
    (ii) Be free of jagged edges or sharp points that might injure the 
animals.
    (2) Maintenance and replacement of surfaces. All surfaces must be 
maintained on a regular basis. Surfaces of housing facilities--including 
houses, dens, and other furniture-type fixtures and objects within the 
facility--that cannot be readily cleaned and sanitized, must be replaced 
when worn or soiled.
    (3) Cleaning. Hard surfaces with which the dogs or cats come in 
contact must be spot-cleaned daily and sanitized in accordance with 
Sec. 3.11(b) of this subpart to prevent accumulation of excreta and 
reduce disease hazards. Floors made of dirt, absorbent bedding, sand, 
gravel, grass, or other similar material must be raked or spot-cleaned 
with sufficient frequency to ensure all animals the freedom to avoid 
contact with excreta. Contaminated material must be replaced whenever 
this raking and spot-cleaning is not sufficient to prevent or eliminate 
odors, insects, pests, or vermin infestation. All other surfaces of 
housing facilities must be cleaned and sanitized when necessary to 
satisfy generally accepted husbandry standards and practices. 
Sanitization may be done using any of the methods provided in 
Sec. 3.11(b)(3) for primary enclosures.
    (d) Water and electric power. The housing facility must have 
reliable electric power adequate for heating, cooling, ventilation, and 
lighting, and for carrying out other husbandry requirements in 
accordance with the regulations in this subpart. The housing facility 
must provide adequate running potable water for the dogs' and cats' 
drinking needs, for cleaning, and for carrying out other husbandry 
requirements.
    (e) Storage. Supplies of food and bedding must be stored in a manner 
that protects the supplies from spoilage, contamination, and vermin 
infestation. The supplies must be stored off the floor and away from the 
walls, to allow cleaning underneath and around the supplies. Foods 
requiring refrigeration must be stored accordingly, and all food must be 
stored in a manner that prevents contamination and deterioration of its 
nutritive value. All open supplies of food and bedding must be kept in 
leakproof containers with tightly fitting lids to prevent contamination 
and spoilage. Only food and bedding that is currently being used may be 
kept in the animal areas. Substances that are toxic to the dogs or cats 
but are required for normal husbandry practices must not be stored in 
food storage and preparation areas, but may be stored in cabinets in the 
animal areas.
    (f) Drainage and waste disposal. Housing facility operators must 
provide for regular and frequent collection, removal, and disposal of 
animal and food wastes, bedding, debris, garbage, water, other fluids 
and wastes, and dead animals, in a manner that minimizes contamination 
and disease risks. Housing facilities must be equipped with disposal 
facilities and drainage systems that are constructed and operated so 
that animal waste and water are rapidly eliminated and animals stay dry. 
Disposal and drainage systems must minimize vermin and pest infestation, 
insects, odors, and disease hazards. All drains must be properly 
constructed, installed, and maintained. If closed drainage systems are 
used, they must be equipped with traps and prevent the

[[Page 45]]

backflow of gases and the backup of sewage onto the floor. If the 
facility uses sump or settlement ponds, or other similar systems for 
drainage and animal waste disposal, the system must be located far 
enough away from the animal area of the housing facility to prevent 
odors, diseases, pests, and vermin infestation. Standing puddles of 
water in animal enclosures must be drained or mopped up so that the 
animals stay dry. Trash containers in housing facilities and in food 
storage and food preparation areas must be leakproof and must have 
tightly fitted lids on them at all times. Dead animals, animal parts, 
and animal waste must not be kept in food storage or food preparation 
areas, food freezers, food refrigerators, or animal areas.
    (g) Washrooms and sinks. Washing facilities such as washrooms, 
basins, sinks, or showers must be provided for animal caretakers and 
must be readily accessible.



Sec. 3.2  Indoor housing facilities.

    (a) Heating, cooling, and temperature. Indoor housing facilities for 
dogs and cats must be sufficiently heated and cooled when necessary to 
protect the dogs and cats from temperature extremes and to provide for 
their health and well-being. When dogs or cats are present, the ambient 
temperature in the facility must not fall below 50  deg.F (10  deg.C) 
for dogs and cats not acclimated to lower temperatures, for those breeds 
that cannot tolerate lower temperatures without stress or discomfort 
(such as short-haired breeds), and for sick, aged, young, or infirm dogs 
and cats, except as approved by the attending veterinarian. Dry bedding, 
solid resting boards, or other methods of conserving body heat must be 
provided when temperatures are below 50  deg.F (10  deg.C). The ambient 
temperature must not fall below 45  deg.F (7.2  deg.C) for more than 4 
consecutive hours when dogs or cats are present, and must not rise above 
85  deg.F (29.5  deg.C) for more than 4 consecutive hours when dogs or 
cats are present.
    (b) Ventilation. Indoor housing facilities for dogs and cats must be 
sufficiently ventilated at all times when dogs or cats are present to 
provide for their health and well-being, and to minimize odors, drafts, 
ammonia levels, and moisture condensation. Ventilation must be provided 
by windows, vents, fans, or air conditioning. Auxiliary ventilation, 
such as fans, blowers, or air conditioning must be provided when the 
ambient temperature is 85  deg.F (29.5  deg.C) or higher. The relative 
humidity must be maintained at a level that ensures the health and well-
being of the dogs or cats housed therein, in accordance with the 
directions of the attending veterinarian and generally accepted 
professional and husbandry practices.
    (c) Lighting. Indoor housing facilities for dogs and cats must be 
lighted well enough to permit routine inspection and cleaning of the 
facility, and observation of the dogs and cats. Animal areas must be 
provided a regular diurnal lighting cycle of either natural or 
artificial light. Lighting must be uniformly diffused throughout animal 
facilities and provide sufficient illumination to aid in maintaining 
good housekeeping practices, adequate cleaning, adequate inspection of 
animals, and for the well-being of the animals. Primary enclosures must 
be placed so as to protect the dogs and cats from excessive light.
    (d) Interior surfaces. The floors and walls of indoor housing 
facilities, and any other surfaces in contact with the animals, must be 
impervious to moisture. The ceilings of indoor housing facilities must 
be impervious to moisture or be replaceable (e.g., a suspended ceiling 
with replaceable panels).



Sec. 3.3  Sheltered housing facilities.

    (a) Heating, cooling, and temperature. The sheltered part of 
sheltered housing facilities for dogs and cats must be sufficiently 
heated and cooled when necessary to protect the dogs and cats from 
temperature extremes and to provide for their health and well-being. The 
ambient temperature in the sheltered part of the facility must not fall 
below 50  deg.F (10  deg.C) for dogs and cats not acclimated to lower 
temperatures, for those breeds that cannot tolerate lower temperatures 
without stress and discomfort (such as short-haired breeds), and for 
sick, aged, young, or infirm dogs or cats, except as approved by the 
attending veterinarian. Dry bedding, solid resting boards, or other 
methods

[[Page 46]]

of conserving body heat must be provided when temperatures are below 50  
deg.F (10  deg.C). The ambient temperature must not fall below 45  deg.F 
(7.2  deg.C) for more than 4 consecutive hours when dogs or cats are 
present, and must not rise above 85  deg.F (29.5  deg.C) for more than 4 
consecutive hours when dogs or cats are present.
    (b) Ventilation. The enclosed or sheltered part of sheltered housing 
facilities for dogs and cats must be sufficiently ventilated when dogs 
or cats are present to provide for their health and well-being, and to 
minimize odors, drafts, ammonia levels, and moisture condensation. 
Ventilation must be provided by windows, doors, vents, fans, or air 
conditioning. Auxiliary ventilation, such as fans, blowers, or air-
conditioning, must be provided when the ambient temperature is 85  deg.F 
(29.5  deg.C) or higher.
    (c) Lighting. Sheltered housing facilities for dogs and cats must be 
lighted well enough to permit routine inspection and cleaning of the 
facility, and observation of the dogs and cats. Animal areas must be 
provided a regular diurnal lighting cycle of either natural or 
artificial light. Lighting must be uniformly diffused throughout animal 
facilities and provide sufficient illumination to aid in maintaining 
good housekeeping practices, adequate cleaning, adequate inspection of 
animals, and for the well-being of the animals. Primary enclosures must 
be placed so as to protect the dogs and cats from excessive light.
    (d) Shelter from the elements. Dogs and cats must be provided with 
adequate shelter from the elements at all times to protect their health 
and well-being. The shelter structures must be large enough to allow 
each animal to sit, stand, and lie in a normal manner and to turn about 
freely.
    (e) Surfaces. (1) The following areas in sheltered housing 
facilities must be impervious to moisture:
    (i) Indoor floor areas in contact with the animals;
    (ii) Outdoor floor areas in contact with the animals, when the floor 
areas are not exposed to the direct sun, or are made of a hard material 
such as wire, wood, metal, or concrete; and
    (iii) All walls, boxes, houses, dens, and other surfaces in contact 
with the animals.
    (2) Outside floor areas in contact with the animals and exposed to 
the direct sun may consist of compacted earth, absorbent bedding, sand, 
gravel, or grass.



Sec. 3.4  Outdoor housing facilities.

    (a) Restrictions. (1) The following categories of dogs or cats must 
not be kept in outdoor facilities, unless that practice is specifically 
approved by the attending veterinarian:
    (i) Dogs or cats that are not acclimated to the temperatures 
prevalent in the area or region where they are maintained;
    (ii) Breeds of dogs or cats that cannot tolerate the prevalent 
temperatures of the area without stress or discomfort (such as short-
haired breeds in cold climates); and
    (iii) Sick, infirm, aged or young dogs or cats.
    (2) When their acclimation status is unknown, dogs and cats must not 
be kept in outdoor facilities when the ambient temperature is less than 
50  deg.F (10  deg.C).
    (b) Shelter from the elements. Outdoor facilities for dogs or cats 
must include one or more shelter structures that are accessible to each 
animal in each outdoor facility, and that are large enough to allow each 
animal in the shelter structure to sit, stand, and lie in a normal 
manner, and to turn about freely. In addition to the shelter structures, 
one or more separate outside areas of shade must be provided, large 
enough to contain all the animals at one time and protect them from the 
direct rays of the sun. Shelters in outdoor facilities for dogs or cats 
must contain a roof, four sides, and a floor, and must:
    (1) Provide the dogs and cats with adequate protection and shelter 
from the cold and heat;
    (2) Provide the dogs and cats with protection from the direct rays 
of the sun and the direct effect of wind, rain, or snow;
    (3) Be provided with a wind break and rain break at the entrance; 
and
    (4) Contain clean, dry, bedding material if the ambient temperature 
is below 50  deg.F (10  deg.C). Additional clean, dry

[[Page 47]]

bedding is required when the temperature is 35  deg.F (1.7  deg.C) or 
lower.
    (c) Construction. Building surfaces in contact with animals in 
outdoor housing facilities must be impervious to moisture. Metal 
barrels, cars, refrigerators or freezers, and the like must not be used 
as shelter structures. The floors of outdoor housing facilities may be 
of compacted earth, absorbent bedding, sand, gravel, or grass, and must 
be replaced if there are any prevalent odors, diseases, insects, pests, 
or vermin. All surfaces must be maintained on a regular basis. Surfaces 
of outdoor housing facilities--including houses, dens, etc.--that cannot 
be readily cleaned and sanitized, must be replaced when worn or soiled.



Sec. 3.5  Mobile or traveling housing facilities.

    (a) Heating, cooling, and temperature. Mobile or traveling housing 
facilities for dogs and cats must be sufficiently heated and cooled when 
necessary to protect the dogs and cats from temperature extremes and to 
provide for their health and well-being. The ambient temperature in the 
mobile or traveling housing facility must not fall below 50  deg.F (10  
deg.C) for dogs and cats not acclimated to lower temperatures, for those 
breeds that cannot tolerate lower temperatures without stress or 
discomfort (such as short-haired breeds), and for sick, aged, young, or 
infirm dogs and cats. Dry bedding, solid resting boards, or other 
methods of conserving body heat must be provided when temperatures are 
below 50  deg.F (10  deg.C). The ambient temperature must not fall below 
45  deg.F (7.2  deg.C) for more than 4 consecutive hours when dogs or 
cats are present, and must not exceed 85  deg.F (29.5  deg.C) for more 
than 4 consecutive hours when dogs or cats are present.
    (b) Ventilation. Mobile or traveling housing facilities for dogs and 
cats must be sufficiently ventilated at all times when dogs or cats are 
present to provide for the health and well-being of the animals, and to 
minimize odors, drafts, ammonia levels, moisture condensation, and 
exhaust fumes. Ventilation must be provided by means of windows, doors, 
vents, fans, or air conditioning. Auxiliary ventilation, such as fans, 
blowers, or air conditioning, must be provided when the ambient 
temperature within the animal housing area is 85  deg.F (29.5  deg.C) or 
higher.
    (c) Lighting. Mobile or traveling housing facilities for dogs and 
cats must be lighted well enough to permit proper cleaning and 
inspection of the facility, and observation of the dogs and cats. Animal 
areas must be provided a regular diurnal lighting cycle of either 
natural or artificial light. Lighting must be uniformly diffused 
throughout animal facilities and provide sufficient illumination to aid 
in maintaining good housekeeping practices, adequate cleaning, adequate 
inspection of animals, and for the well-being of the animals.



Sec. 3.6  Primary enclosures.

    Primary enclosures for dogs and cats must meet the following minimum 
requirements:
    (a) General requirements.
    (1) Primary enclosures must be designed and constructed of suitable 
materials so that they are structurally sound. The primary enclosures 
must be kept in good repair.
    (2) Primary enclosures must be constructed and maintained so that 
they:
    (i) Have no sharp points or edges that could injure the dogs and 
cats;
    (ii) Protect the dogs and cats from injury;
    (iii) Contain the dogs and cats securely;
    (iv) Keep other animals from entering the enclosure;
    (v) Enable the dogs and cats to remain dry and clean;
    (vi) Provide shelter and protection from extreme temperatures and 
weather conditions that may be uncomfortable or hazardous to all the 
dogs and cats;
    (vii) Provide sufficient shade to shelter all the dogs and cats 
housed in the primary enclosure at one time;
    (viii) Provide all the dogs and cats with easy and convenient access 
to clean food and water;
    (ix) Enable all surfaces in contact with the dogs and cats to be 
readily cleaned and sanitized in accordance with Sec. 3.11(b) of this 
subpart, or be replaceable when worn or soiled;
    (x) Have floors that are constructed in a manner that protects the 
dogs' and

[[Page 48]]

cats' feet and legs from injury, and that, if of mesh or slatted 
construction, do not allow the dogs' and cats' feet to pass through any 
openings in the floor. If the floor of the primary enclosure is 
constructed of wire, a solid resting surface or surfaces that, in the 
aggregate, are large enough to hold all the occupants of the primary 
enclosure at the same time comfortably must be provided; and
    (xi) Provide sufficient space to allow each dog and cat to turn 
about freely, to stand, sit, and lie in a comfortable, normal position, 
and to walk in a normal manner.
    (b) Additional requirements for cats.
    (1) Space. Each cat, including weaned kittens, that is housed in any 
primary enclosure must be provided minimum vertical space and floor 
space as follows:
    (i) Prior to February 15, 1994 each cat housed in any primary 
enclosure shall be provided a minimum of 2\1/2\ square feet of floor 
space;
    (ii) On and after February 15, 1994:
    (A) Each primary enclosure housing cats must be at least 24 in. high 
(60.96 cm);
    (B) Cats up to and including 8.8 lbs (4 kg) must be provided with at 
least 3.0 ft\2\ (0.28 m\2\);
    (C) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 
ft\2\ (0.37 m\2\);
    (iii) Each queen with nursing kittens must be provided with an 
additional amount of floor space, based on her breed and behavioral 
characteristics, and in accordance with generally accepted husbandry 
practices. If the additional amount of floor space for each nursing 
kitten is equivalent to less than 5 percent of the minimum requirement 
for the queen, such housing must be approved by the attending 
veterinarian in the case of a research facility, and, in the case of 
dealers and exhibitors, such housing must be approved by the 
Administrator; and
    (iv) The minimum floor space required by this section is exclusive 
of any food or water pans. The litter pan may be considered part of the 
floor space if properly cleaned and sanitized.
    (2) Compatibility. All cats housed in the same primary enclosure 
must be compatible, as determined by observation. Not more than 12 adult 
nonconditioned cats may be housed in the same primary enclosure. Queens 
in heat may not be housed in the same primary enclosure with sexually 
mature males, except for breeding. Except when maintained in breeding 
colonies, queens with litters may not be housed in the same primary 
enclosure with other adult cats, and kittens under 4 months of age may 
not be housed in the same primary enclosure with adult cats, other than 
the dam or foster dam. Cats with a vicious or aggressive disposition 
must be housed separately.
    (3) Litter. In all primary enclosures, a receptacle containing 
sufficient clean litter must be provided to contain excreta and body 
wastes.
    (4) Resting surfaces. Each primary enclosure housing cats must 
contain a resting surface or surfaces that, in the aggregate, are large 
enough to hold all the occupants of the primary enclosure at the same 
time comfortably. The resting surfaces must be elevated, impervious to 
moisture, and be able to be easily cleaned and sanitized, or easily 
replaced when soiled or worn. Low resting surfaces that do not allow the 
space under them to be comfortably occupied by the animal will be 
counted as part of the floor space.
    (5) Cats in mobile or traveling shows or acts. Cats that are part of 
a mobile or traveling show or act may be kept, while the show or act is 
traveling from one temporary location to another, in transport 
containers that comply with all requirements of Sec. 3.14 of this 
subpart other than the marking requirements in Sec. 3.14(a)(6) of this 
subpart. When the show or act is not traveling, the cats must be placed 
in primary enclosures that meet the minimum requirements of this 
section.
    (c) Additional requirements for dogs--(1) Space. (i) Each dog housed 
in a primary enclosure (including weaned puppies) must be provided a 
minimum amount of floor space, calculated as follows: Find the 
mathematical square of the sum of the length of the dog in inches 
(measured from the tip of its nose to the base of its tail) plus 6 
inches; then divide the product by 144. The calculation is: (length of 
dog in inches + 6)  x  (length of dog in inches + 6) = required floor 
space in square inches. Required floor space in inches/

[[Page 49]]

144 = required floor space in square feet.
    (ii) Each bitch with nursing puppies must be provided with an 
additional amount of floor space, based on her breed and behavioral 
characteristics, and in accordance with generally accepted husbandry 
practices as determined by the attending veterinarian. If the additional 
amount of floor space for each nursing puppy is less than 5 percent of 
the minimum requirement for the bitch, such housing must be approved by 
the attending veterinarian in the case of a research facility, and, in 
the case of dealers and exhibitors, such housing must be approved by the 
Administrator.
    (iii) The interior height of a primary enclosure must be at least 6 
inches higher than the head of the tallest dog in the enclosure when it 
is in a normal standing position: Provided That, prior to February 15, 
1994, each dog must be able to stand in a comfortable normal position.
    (2) Compatibility. All dogs housed in the same primary enclosure 
must be compatible, as determined by observation. Not more than 12 adult 
nonconditioned dogs may be housed in the same primary enclosure. Bitches 
in heat may not be housed in the same primary enclosure with sexually 
mature males, except for breeding. Except when maintained in breeding 
colonies, bitches with litters may not be housed in the same primary 
enclosure with other adult dogs, and puppies under 4 months of age may 
not be housed in the same primary enclosure with adult dogs, other than 
the dam or foster dam. Dogs with a vicious or aggressive disposition 
must be housed separately.
    (3) Dogs in mobile or traveling shows or acts. Dogs that are part of 
a mobile or traveling show or act may be kept, while the show or act is 
traveling from one temporary location to another, in transport 
containers that comply with all requirements of Sec. 3.14 of this 
subpart other than the marking requirements in Sec. 3.14(a)(6) of this 
subpart. When the show or act is not traveling, the dogs must be placed 
in primary enclosures that meet the minimum requirements of this 
section.
    (4) Prohibited means of primary enclosure. Permanent tethering of 
dogs is prohibited for use as primary enclosure. Temporary tethering of 
dogs is prohibited for use as primary enclosure unless approval is 
obtained from APHIS.
    (d) Innovative primary enclosures not precisely meeting the floor 
area and height requirements provided in paragraphs (b)(1) and (c)(1) of 
this section, but that provide the dogs or cats with a sufficient volume 
of space and the opportunity to express species-typical behavior, may be 
used at research facilities when approved by the Committee, and by 
dealers and exhibitors when approved by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0093)

[56 FR 6486, Feb. 15, 1991, as amended at 62 FR 43275, Aug. 13, 1997]

                  Animal Health and Husbandry Standards



Sec. 3.7  Compatible grouping.

    Dogs and cats that are housed in the same primary enclosure must be 
compatible, with the following restrictions:
    (a) Females in heat (estrus) may not be housed in the same primary 
enclosure with males, except for breeding purposes;
    (b) Any dog or cat exhibiting a vicious or overly aggressive 
disposition must be housed separately;
    (c) Puppies or kittens 4 months of age or less may not be housed in 
the same primary enclosure with adult dogs or cats other than their dams 
or foster dams, except when permanently maintained in breeding colonies;
    (d) Dogs or cats may not be housed in the same primary enclosure 
with any other species of animals, unless they are compatible; and
    (e) Dogs and cats that have or are suspected of having a contagious 
disease must be isolated from healthy animals in the colony, as directed 
by the attending veterinarian. When an entire group or room of dogs and 
cats is known to have or believed to be exposed to an infectious agent, 
the group may be kept intact during the process of diagnosis, treatment, 
and control.

[[Page 50]]



Sec. 3.8  Exercise for dogs.

    Dealers, exhibitors, and research facilities must develop, document, 
and follow an appropriate plan to provide dogs with the opportunity for 
exercise. In addition, the plan must be approved by the attending 
veterinarian. The plan must include written standard procedures to be 
followed in providing the opportunity for exercise. The plan must be 
made available to APHIS upon request, and, in the case of research 
facilities, to officials of any pertinent funding Federal agency. The 
plan, at a minimum, must comply with each of the following:
    (a) Dogs housed individually. Dogs over 12 weeks of age, except 
bitches with litters, housed, held, or maintained by any dealer, 
exhibitor, or research facility, including Federal research facilities, 
must be provided the opportunity for exercise regularly if they are kept 
individually in cages, pens, or runs that provide less than two times 
the required floor space for that dog, as indicated by Sec. 3.6(c)(1) of 
this subpart.
    (b) Dogs housed in groups. Dogs over 12 weeks of age housed, held, 
or maintained in groups by any dealer, exhibitor, or research facility, 
including Federal research facilities, do not require additional 
opportunity for exercise regularly if they are maintained in cages, 
pens, or runs that provide in total at least 100 percent of the required 
space for each dog if maintained separately. Such animals may be 
maintained in compatible groups, unless:
    (1) Housing in compatible groups is not in accordance with a 
research proposal and the proposal has been approved by the research 
facility Committee;
    (2) In the opinion of the attending veterinarian, such housing would 
adversely affect the health or well-being of the dog(s); or
    (3) Any dog exhibits aggressive or vicious behavior.
    (c) Methods and period of providing exercise opportunity. (1) The 
frequency, method, and duration of the opportunity for exercise shall be 
determined by the attending veterinarian and, at research facilities, in 
consultation with and approval by the Committee.
    (2) Dealers, exhibitors, and research facilities, in developing 
their plan, should consider providing positive physical contact with 
humans that encourages exercise through play or other similar 
activities. If a dog is housed, held, or maintained at a facility 
without sensory contact with another dog, it must be provided with 
positive physical contact with humans at least daily.
    (3) The opportunity for exercise may be provided in a number of 
ways, such as:
    (i) Group housing in cages, pens or runs that provide at least 100 
percent of the required space for each dog if maintained separately 
under the minimum floor space requirements of Sec. 3.6(c)(1) of this 
subpart;
    (ii) Maintaining individually housed dogs in cages, pens, or runs 
that provide at least twice the minimum floor space required by 
Sec. 3.6(c)(1) of this subpart;
    (iii) Providing access to a run or open area at the frequency and 
duration prescribed by the attending veterinarian; or
    (iv) Other similar activities.
    (4) Forced exercise methods or devices such as swimming, treadmills, 
or carousel-type devices are unacceptable for meeting the exercise 
requirements of this section.
    (d) Exemptions. (1) If, in the opinion of the attending 
veterinarian, it is inappropriate for certain dogs to exercise because 
of their health, condition, or well-being, the dealer, exhibitor, or 
research facility may be exempted from meeting the requirements of this 
section for those dogs. Such exemption must be documented by the 
attending veterinarian and, unless the basis for exemption is a 
permanent condition, must be reviewed at least every 30 days by the 
attending veterinarian.
    (2) A research facility may be exempted from the requirements of 
this section if the principal investigator determines for scientific 
reasons set forth in the research proposal that it is inappropriate for 
certain dogs to exercise. Such exemption must be documented in the 
Committee-approved proposal and must be reviewed at appropriate 
intervals as determined by the Committee, but not less than annually.

[[Page 51]]

    (3) Records of any exemptions must be maintained and made available 
to USDA officials or any pertinent funding Federal agency upon request. 
(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.9  Feeding.

    (a) Dogs and cats must be fed at least once each day, except as 
otherwise might be required to provide adequate veterinary care. The 
food must be uncontaminated, wholesome, palatable, and of sufficient 
quantity and nutritive value to maintain the normal condition and weight 
of the animal. The diet must be appropriate for the individual animal's 
age and condition.
    (b) Food receptacles must be used for dogs and cats, must be readily 
accessible to all dogs and cats, and must be located so as to minimize 
contamination by excreta and pests, and be protected from rain and snow. 
Feeding pans must either be made of a durable material that can be 
easily cleaned and sanitized or be disposable. If the food receptacles 
are not disposable, they must be kept clean and must be sanitized in 
accordance with Sec. 3.11(b) of this subpart. Sanitization is achieved 
by using one of the methods described in Sec. 3.11(b)(3) of this 
subpart. If the food receptacles are disposable, they must be discarded 
after one use. Self-feeders may be used for the feeding of dry food. If 
self-feeders are used, they must be kept clean and must be sanitized in 
accordance with Sec. 3.11(b) of this subpart. Measures must be taken to 
ensure that there is no molding, deterioration, and caking of feed.



Sec. 3.10  Watering.

    If potable water is not continually available to the dogs and cats, 
it must be offered to the dogs and cats as often as necessary to ensure 
their health and well-being, but not less than twice daily for at least 
1 hour each time, unless restricted by the attending veterinarian. Water 
receptacles must be kept clean and sanitized in accordance with 
Sec. 3.11(b) of this subpart, and before being used to water a different 
dog or cat or social grouping of dogs or cats.



Sec. 3.11  Cleaning, sanitization, housekeeping, and pest control.

    (a) Cleaning of primary enclosures. Excreta and food waste must be 
removed from primary enclosures daily, and from under primary enclosures 
as often as necessary to prevent an excessive accumulation of feces and 
food waste, to prevent soiling of the dogs or cats contained in the 
primary enclosures, and to reduce disease hazards, insects, pests and 
odors. When steam or water is used to clean the primary enclosure, 
whether by hosing, flushing, or other methods, dogs and cats must be 
removed, unless the enclosure is large enough to ensure the animals 
would not be harmed, wetted, or distressed in the process. Standing 
water must be removed from the primary enclosure and animals in other 
primary enclosures must be protected from being contaminated with water 
and other wastes during the cleaning. The pans under primary enclosures 
with grill-type floors and the ground areas under raised runs with wire 
or slatted floors must be cleaned as often as necessary to prevent 
accumulation of feces and food waste and to reduce disease hazards 
pests, insects and odors.
    (b) Sanitization of primary enclosures and food and water 
receptacles. (1) Used primary enclosures and food and water receptacles 
must be cleaned and sanitized in accordance with this section before 
they can be used to house, feed, or water another dog or cat, or social 
grouping of dogs or cats.
    (2) Used primary enclosures and food and water receptacles for dogs 
and cats must be sanitized at least once every 2 weeks using one of the 
methods prescribed in paragraph (b)(3) of this section, and more often 
if necessary to prevent an accumulation of dirt, debris, food waste, 
excreta, and other disease hazards.
    (3) Hard surfaces of primary enclosures and food and water 
receptacles must be sanitized using one of the following methods:
    (i) Live steam under pressure;
    (ii) Washing with hot water (at least 180  deg.F (82.2  deg.C)) and 
soap or detergent, as with a mechanical cage washer; or
    (iii) Washing all soiled surfaces with appropriate detergent 
solutions and

[[Page 52]]

disinfectants, or by using a combination detergent/disinfectant product 
that accomplishes the same purpose, with a thorough cleaning of the 
surfaces to remove organic material, so as to remove all organic 
material and mineral buildup, and to provide sanitization followed by a 
clean water rinse.
    (4) Pens, runs, and outdoor housing areas using material that cannot 
be sanitized using the methods provided in paragraph (b)(3) of this 
section, such as gravel, sand, grass, earth, or absorbent bedding, must 
be sanitized by removing the contaminated material as necessary to 
prevent odors, diseases, pests, insects, and vermin infestation.
    (c) Housekeeping for premises. Premises where housing facilities are 
located, including buildings and surrounding grounds, must be kept clean 
and in good repair to protect the animals from injury, to facilitate the 
husbandry practices required in this subpart, and to reduce or eliminate 
breeding and living areas for rodents and other pests and vermin. 
Premises must be kept free of accumulations of trash, junk, waste 
products, and discarded matter. Weeds, grasses, and bushes must be 
controlled so as to facilitate cleaning of the premises and pest 
control, and to protect the health and well-being of the animals.
    (d) Pest control. An effective program for the control of insects, 
external parasites affecting dogs and cats, and birds and mammals that 
are pests, must be established and maintained so as to promote the 
health and well-being of the animals and reduce contamination by pests 
in animal areas.



Sec. 3.12  Employees.

    Each person subject to the Animal Welfare regulations (9 CFR parts 
1, 2, and 3) maintaining dogs and cats must have enough employees to 
carry out the level of husbandry practices and care required in this 
subpart. The employees who provide for husbandry and care, or handle 
animals, must be supervised by an individual who has the knowledge, 
background, and experience in proper husbandry and care of dogs and cats 
to supervise others. The employer must be certain that the supervisor 
and other employees can perform to these standards.

                        Transportation Standards



Sec. 3.13  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers must not accept a dog or cat 
for transport in commerce more than 4 hours before the scheduled 
departure time of the primary conveyance on which the animal is to be 
transported. However, a carrier or intermediate handler may agree with 
anyone consigning a dog or cat to extend this time by up to 2 hours.
    (b) Carriers and intermediate handlers must not accept a dog or cat 
for transport in commerce unless they are provided with the name, 
address, and telephone number of the consignee.
    (c) Carriers and intermediate handlers must not accept a dog or cat 
for transport in commerce unless the consignor certifies in writing to 
the carrier or intermediate handler that the dog or cat was offered food 
and water during the 4 hours before delivery to the carrier or 
intermediate handler. The certification must be securely attached to the 
outside of the primary enclosure in a manner that makes it easily 
noticed and read. Instructions for no food or water are not acceptable 
unless directed by the attending veterinarian. Instructions must be in 
compliance with Sec. 3.16 of this subpart. The certification must 
include the following information for each dog and cat:
    (1) The consignor's name and address;
    (2) The tag number or tattoo assigned to each dog or cat under 
Secs. 2.38 and 2.50 of this chapter;
    (3) The time and date the animal was last fed and watered and the 
specific instructions for the next feeding(s) and watering(s) for a 24-
hour period; and
    (4) The consignor's signature and the date and time the 
certification was signed.
    (d) Carriers and intermediate handlers must not accept a dog or cat 
for transport in commerce in a primary enclosure unless the primary 
enclosure meets the requirements of Sec. 3.14 of this subpart. A carrier 
or intermediate handler must not accept a dog or cat for transport if 
the primary enclosure is obviously defective or damaged and

[[Page 53]]

cannot reasonably be expected to safely and comfortably contain the dog 
or cat without causing suffering or injury.
    (e) Carriers and intermediate handlers must not accept a dog or cat 
for transport in commerce unless their animal holding area meets the 
minimum temperature requirements provided in Secs. 3.18 and 3.19 of this 
subpart, or unless the consignor provides them with a certificate signed 
by a veterinarian and dated no more than 10 days before delivery of the 
animal to the carrier or intermediate handler for transport in commerce, 
certifying that the animal is acclimated to temperatures lower than 
those required in Secs. 3.18 and 3.19 of this subpart. Even if the 
carrier or intermediate handler receives this certification, the 
temperatures the dog or cat is exposed to while in a terminal facility 
must not be lower than 45  deg.F (2.2  deg.C) for more than 4 
consecutive hours when dogs or cats are present, as set forth in 
Sec. 3.18, nor lower than 45  deg.F (2.2  deg.C) for more than 45 
minutes, as set forth in Sec. 3.19, when moving dogs or cats to or from 
terminal facilities or primary conveyances. A copy of the certification 
must accompany the dog or cat to its destination and must include the 
following information:
    (1) The consignor's name and address;
    (2) The tag number or tattoo assigned to each dog or cat under 
Secs. 2.38 and 2.50 of this chapter;
    (3) A statement by a veterinarian, dated no more than 10 days before 
delivery, that to the best of his or her knowledge, each of the dogs or 
cats contained in the primary enclosure is acclimated to air 
temperatures lower than 50  deg.F (10  deg.C); but not lower than a 
minimum temperature, specified on a certificate, that the attending 
veterinarian has determined is based on generally accepted temperature 
standards for the age, condition, and breed of the dog or cat; and
    (4) The signature of the veterinarian and the date the certification 
was signed.
    (f) When a primary enclosure containing a dog or cat has arrived at 
the animal holding area at a terminal facility after transport, the 
carrier or intermediate handler must attempt to notify the consignee 
upon arrival and at least once in every 6-hour period thereafter. The 
time, date, and method of all attempted notifications and the actual 
notification of the consignee, and the name of the person who notifies 
or attempts to notify the consignee must be written either on the 
carrier's or intermediate handler's copy of the shipping document or on 
the copy that accompanies the primary enclosure. If the consignee cannot 
be notified within 24 hours after the dog or cat has arrived at the 
terminal facility, the carrier or intermediate handler must return the 
animal to the consignor or to whomever the consignor designates. If the 
consignee is notified of the arrival and does not accept delivery of the 
dog or cat within 48 hours after arrival of the dog or cat, the carrier 
or intermediate handler must return the animal to the consignor or to 
whomever the consignor designates. The carrier or intermediate handler 
must continue to provide proper care, feeding, and housing to the dog or 
cat, and maintain the dog or cat in accordance with generally accepted 
professional and husbandry practices until the consignee accepts 
delivery of the dog or cat or until it is returned to the consignor or 
to whomever the consignor designates. The carrier or intermediate 
handler must obligate the consignor to reimburse the carrier or 
intermediate handler for the cost of return transportation and care.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.14  Primary enclosures used to transport live dogs and cats.

    Any person subject to the Animal Welfare regulations (9 CFR parts 1, 
2, and 3) must not transport or deliver for transport in commerce a dog 
or cat unless the following requirements are met:
    (a) Construction of primary enclosures. The dog or cat must be 
contained in a primary enclosure such as a compartment, transport cage, 
carton, or crate. Primary enclosures used to transport dogs and cats 
must be constructed so that:

[[Page 54]]

    (1) The primary enclosure is strong enough to contain the dogs and 
cats securely and comfortably and to withstand the normal rigors of 
transportation;
    (2) The interior of the primary enclosure has no sharp points or 
edges and no protrusions that could injure the animal contained in it;
    (3) The dog or cat is at all times securely contained within the 
enclosure and cannot put any part of its body outside the enclosure in a 
way that could result in injury to itself, to handlers, or to persons or 
animals nearby;
    (4) The dog or cat can be easily and quickly removed from the 
enclosure in an emergency;
    (5) Unless the enclosure is permanently affixed to the conveyance, 
adequate devices such as handles or handholds are provided on its 
exterior, and enable the enclosure to be lifted without tilting it, and 
ensure that anyone handling the enclosure will not come into physical 
contact with the animal contained inside;
    (6) Unless the enclosure is permanently affixed to the conveyance, 
it is clearly marked on top and on one or more sides with the words 
``Live Animals,'' in letters at least 1 inch (2.5 cm.) high, and with 
arrows or other markings to indicate the correct upright position of the 
primary enclosure;
    (7) Any material, treatment, paint, preservative, or other chemical 
used in or on the enclosure is nontoxic to the animal and not harmful to 
the health or well-being of the animal;
    (8) Proper ventilation is provided to the animal in accordance with 
paragraph (c) of this section; and
    (9) The primary enclosure has a solid, leak-proof bottom or a 
removable, leak-proof collection tray under a slatted or wire mesh floor 
that prevents seepage of waste products, such as excreta and body 
fluids, outside of the enclosure. If a slatted or wire mesh floor is 
used in the enclosure, it must be designed and constructed so that the 
animal cannot put any part of its body between the slats or through the 
holes in the mesh. Unless the dogs and cats are on raised slatted floors 
or raised floors made of wire mesh, the primary enclosure must contain 
enough previously unused litter to absorb and cover excreta. The litter 
must be of a suitably absorbent material that is safe and nontoxic to 
the dogs and cats.
    (b) Cleaning of primary enclosures. A primary enclosure used to hold 
or transport dogs or cats in commerce must be cleaned and sanitized 
before each use in accordance with the methods provided in 
Sec. 3.11(b)(3) of this subpart. If the dogs or cats are in transit for 
more than 24 hours, the enclosures must be cleaned and any litter 
replaced, or other methods, such as moving the animals to another 
enclosure, must be utilized to prevent the soiling of the dogs or cats 
by body wastes. If it becomes necessary to remove the dog or cat from 
the enclosure in order to clean, or to move the dog or cat to another 
enclosure, this procedure must be completed in a way that safeguards the 
dog or cat from injury and prevents escape.
    (c) Ventilation. (1) Unless the primary enclosure is permanently 
affixed to the conveyance, there must be:
    (i) Ventilation openings located on two opposing walls of the 
primary enclosure and the openings must be at least 16 percent of the 
surface area of each such wall, and the total combined surface area of 
the ventilation openings must be at least 14 percent of the total 
combined surface area of all the walls of the primary enclosure; or
    (ii) Ventilation openings on three walls of the primary enclosure, 
and the openings on each of the two opposing walls must be at least 8 
percent of the total surface area of the two walls, and the ventilation 
openings on the third wall of the primary enclosure must be at least 50 
percent of the total surface area of that wall, and the total combined 
surface area of the ventilation openings must be at least 14 percent of 
the total combined surface area of all the walls of the primary 
enclosure; or
    (iii) Ventilation openings located on all four walls of the primary 
enclosure and the ventilation openings on each of the four walls must be 
at least 8 percent of the total surface area of each such wall, and the 
total combined surface area of the openings must be at least 14 percent 
of total combined surface area of all the walls of the primary 
enclosure; and

[[Page 55]]

    (iv) At least one-third of the ventilation area must be located on 
the upper half of the primary enclosure.
    (2) Unless the primary enclosure is permanently affixed to the 
conveyance, projecting rims or similar devices must be located on the 
exterior of each enclosure wall having a ventilation opening, in order 
to prevent obstruction of the openings. The projecting rims or similar 
devices must be large enough to provide a minimum air circulation space 
of 0.75 in. (1.9 cm) between the primary enclosure and anything the 
enclosure is placed against.
    (3) If a primary enclosure is permanently affixed to the primary 
conveyance so that there is only a front ventilation opening for the 
enclosure, the primary enclosure must be affixed to the primary 
conveyance in such a way that the front ventilation opening cannot be 
blocked, and the front ventilation opening must open directly to an 
unobstructed aisle or passageway inside the conveyance. The ventilation 
opening must be at least 90 percent of the total area of the front wall 
of the enclosure, and must be covered with bars, wire mesh, or smooth 
expanded metal having air spaces.
    (d) Compatibility. (1) Live dogs or cats transported in the same 
primary enclosure must be of the same species and be maintained in 
compatible groups, except that dogs and cats that are private pets, are 
of comparable size, and are compatible, may be transported in the same 
primary enclosure.
    (2) Puppies or kittens 4 months of age or less may not be 
transported in the same primary enclosure with adult dogs or cats other 
than their dams.
    (3) Dogs or cats that are overly aggressive or exhibit a vicious 
disposition must be transported individually in a primary enclosure.
    (4) Any female dog or cat in heat (estrus) may not be transported in 
the same primary enclosure with any male dog or cat.
    (e) Space and placement. (1) Primary enclosures used to transport 
live dogs and cats must be large enough to ensure that each animal 
contained in the primary enclosure has enough space to turn about 
normally while standing, to stand and sit erect, and to lie in a natural 
position.
    (2) Primary enclosures used to transport dogs and cats must be 
positioned in the primary conveyance so as to provide protection from 
the elements.
    (f) Transportation by air. (1) No more than one live dog or cat, 6 
months of age or older, may be transported in the same primary enclosure 
when shipped via air carrier.
    (2) No more than one live puppy, 8 weeks to 6 months of age, and 
weighing over 20 lbs (9 kg), may be transported in a primary enclosure 
when shipped via air carrier.
    (3) No more than two live puppies or kittens, 8 weeks to 6 months of 
age, that are of comparable size, and weighing 20 lbs (9 kg) or less 
each, may be transported in the same primary enclosure when shipped via 
air carrier.
    (4) Weaned live puppies or kittens less than 8 weeks of age and of 
comparable size, or puppies or kittens that are less than 8 weeks of age 
that are littermates and are accompanied by their dam, may be 
transported in the same primary enclosure when shipped to research 
facilities, including Federal research facilities.
    (g) Transportation by surface vehicle or privately owned aircraft. 
(1) No more than four live dogs or cats, 8 weeks of age or older, that 
are of comparable size, may be transported in the same primary enclosure 
when shipped by surface vehicle (including ground and water 
transportation) or privately owned aircraft, and only if all other 
requirements of this section are met.
    (2) Weaned live puppies or kittens less than 8 weeks of age and of 
comparable size, or puppies or kittens that are less than 8 weeks of age 
that are littermates and are accompanied by their dam, may be 
transported in the same primary enclosure when shipped to research 
facilities, including Federal research facilities, and only if all other 
requirements in this section are met.
    (h) Accompanying documents and records. Shipping documents that must 
accompany shipments of dogs and cats may be held by the operator of the 
primary conveyance, for surface transportation only, or must be securely 
attached in a readily accessible manner to the outside of any primary 
enclosure that is part of the shipment, in a manner that allows them to 
be detached for

[[Page 56]]

examination and securely reattached, such as in a pocket or sleeve. 
Instructions for administration of drugs, medication, and other special 
care must be attached to each primary enclosure in a manner that makes 
them easy to notice, to detach for examination, and to reattach 
securely. Food and water instructions must be attached in accordance 
with Sec. 3.13(c).

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.15  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used to transport 
dogs and cats must be designed, constructed, and maintained in a manner 
that at all times protects the health and well-being of the animals 
transported in them, ensures their safety and comfort, and prevents the 
entry of engine exhaust from the primary conveyance during 
transportation.
    (b) The animal cargo space must have a supply of air that is 
sufficient for the normal breathing of all the animals being transported 
in it.
    (c) Each primary enclosure containing dogs or cats must be 
positioned in the animal cargo space in a manner that provides 
protection from the elements and that allows each dog or cat enough air 
for normal breathing.
    (d) During air transportation, dogs and cats must be held in cargo 
areas that are heated or cooled as necessary to maintain an ambient 
temperature that ensures the health and well-being of the dogs or cats. 
The cargo areas must be pressurized when the primary conveyance used for 
air transportation is not on the ground, unless flying under 8,000 ft. 
Dogs and cats must have adequate air for breathing at all times when 
being transported.
    (e) During surface transportation, auxiliary ventilation, such as 
fans, blowers or air conditioning, must be used in any animal cargo 
space containing live dogs or cats when the ambient temperature within 
the animal cargo space reaches 85  deg.F (29.5  deg.C). Moreover, the 
ambient temperature may not exceed 85  deg.F (29.5  deg.C) for a period 
of more than 4 hours; nor fall below 45  deg.F (7.2  deg.C) for a period 
of more than 4 hours.
    (f) Primary enclosures must be positioned in the primary conveyance 
in a manner that allows the dogs and cats to be quickly and easily 
removed from the primary conveyance in an emergency.
    (g) The interior of the animal cargo space must be kept clean.
    (h) Live dogs and cats may not be transported with any material, 
substance (e.g., dry ice) or device in a manner that may reasonably be 
expected to harm the dogs and cats or cause inhumane conditions.



Sec. 3.16  Food and water requirements.

    (a) Each dog and cat that is 16 weeks of age or more must be offered 
food at least once every 24 hours. Puppies and kittens less than 16 
weeks of age must be offered food at least once every 12 hours. Each dog 
and cat must be offered potable water at least once every 12 hours. 
These time periods apply to dealers, exhibitors, research facilities. 
including Federal research facilities, who transport dogs and cats in 
their own primary conveyance, starting from the time the dog or cat was 
last offered food and potable water before transportation was begun. 
These time periods apply to carriers and intermediate handlers starting 
from the date and time stated on the certificate provided under 
Sec. 3.13(c) of this subpart. Each dog and cat must be offered food and 
potable water within 4 hours before being transported in commerce. 
Consignors who are subject to the Animal Welfare regulations (9 CFR 
parts 1, 2, and 3) must certify that each dog and cat was offered food 
and potable water within the 4 hours preceding delivery of the dog or 
cat to a carrier or intermediate handler for transportation in commerce, 
and must certify the date and time the food and potable water was 
offered, in accordance with Sec. 3.13(c) of this subpart.
    (b) Any dealer, research facility, including a Federal research 
facility, or exhibitor offering any dog or cat to a carrier or 
intermediate handler for transportation in commerce must securely attach 
to the outside of the primary enclosure used for transporting the dog or 
cat, written instructions for

[[Page 57]]

the in-transit food and water requirements for a 24-hour period for the 
dogs and cats contained in the enclosure. The instructions must be 
attached in a manner that makes them easily noticed and read.
    (c) Food and water receptacles must be securely attached inside the 
primary enclosure and placed so that the receptacles can be filled from 
outside the enclosure without opening the door. Food and water 
containers must be designed, constructed, and installed so that a dog or 
cat cannot leave the primary enclosure through the food or water 
opening.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.17  Care in transit.

    (a) Surface transportation (ground and water). Any person subject to 
the Animal Welfare regulations transporting dogs or cats in commerce 
must ensure that the operator of the conveyance, or a person 
accompanying the operator, observes the dogs or cats as often as 
circumstances allow, but not less than once every 4 hours, to make sure 
they have sufficient air for normal breathing, that the ambient 
temperature is within the limits provided in Sec. 3.15(e), and that all 
applicable standards of this subpart are being complied with. The 
regulated person must ensure that the operator or person accompanying 
the operator determines whether any of the dogs or cats are in obvious 
physical distress and obtains any veterinary care needed for the dogs or 
cats at the closest available veterinary facility.
    (b) Air transportation. During air transportation of dogs or cats, 
it is the responsibility of the carrier to observe the dogs or cats as 
frequently as circumstances allow, but not less than once every 4 hours 
if the animal cargo area is accessible during flight. If the animal 
cargo area is not accessible during flight, the carrier must observe the 
dogs or cats whenever they are loaded and unloaded and whenever the 
animal cargo space is otherwise accessible to make sure they have 
sufficient air for normal breathing, that the animal cargo area meets 
the heating and cooling requirements of Sec. 3.15(d), and that all other 
applicable standards of this subpart are being complied with. The 
carrier must determine whether any of the dogs or cats are in obvious 
physical distress, and arrange for any needed veterinary care as soon as 
possible.
    (c) If a dog or cat is obviously ill, injured, or in physical 
distress, it must not be transported in commerce, except to receive 
veterinary care for the condition.
    (d) Except during the cleaning of primary enclosures, as required in 
Sec. 3.14(b) of this subpart, during transportation in commerce a dog or 
cat must not be removed from its primary enclosure, unless it is placed 
in another primary enclosure or facility that meets the requirements of 
Sec. 3.6 or Sec. 3.14 of this subpart.
    (e) The transportation regulations contained in this subpart must be 
complied with until a consignee takes physical delivery of the dog or 
cat if the animal is consigned for transportation, or until the animal 
is returned to the consignor.



Sec. 3.18  Terminal facilities.

    (a) Placement. Any person subject to the Animal Welfare regulations 
(9 CFR parts 1, 2, and 3) must not commingle shipments of dogs or cats 
with inanimate cargo in animal holding areas of terminal facilities.
    (b) Cleaning, sanitization, and pest control. All animal holding 
areas of terminal facilities must be cleaned and sanitized in a manner 
prescribed in Sec. 3.11(b)(3) of this subpart, as often as necessary to 
prevent an accumulation of debris or excreta and to minimize vermin 
infestation and disease hazards. Terminal facilities must follow an 
effective program in all animal holding areas for the control of 
insects, ectoparasites, and birds and mammals that are pests to dogs and 
cats.
    (c) Ventilation. Ventilation must be provided in any animal holding 
area in a terminal facility containing dogs or cats, by means of 
windows, doors, vents, or air conditioning. The air must be circulated 
by fans, blowers, or air conditioning so as to minimize drafts, odors, 
and moisture condensation. Auxiliary ventilation, such as exhaust fans, 
vents, fans, blowers, or air

[[Page 58]]

conditioning must be used in any animal holding area containing dogs and 
cats, when the ambient temperature is 85  deg.F (29.5  deg.C) or higher
    (d) Temperature. The ambient temperature in an animal holding area 
containing dogs or cats must not fall below 45  deg.F (7.2  deg.C) or 
rise above 85  deg.F (29.5  deg.C) for more than four consecutive hours 
at any time dogs or cats are present. The ambient temperature must be 
measured in the animal holding area by the carrier, intermediate 
handler, or a person transporting dogs or cats who is subject to the 
Animal Welfare regulations (9 CFR parts 1, 2, and 3), outside any 
primary enclosure containing a dog or cat at a point not more than 3 
feet (0.91 m) away from an outside wall of the primary enclosure, and 
approximately midway up the side of the enclosure.
    (e) Shelter. Any person subject to the Animal Welfare regulations (9 
CFR parts 1, 2, and 3) holding a live dog or cat in an animal holding 
area of a terminal facility must provide the following:
    (1) Shelter from sunlight and extreme heat. Shade must be provided 
that is sufficient to protect the dog or cat from the direct rays of the 
sun.
    (2) Shelter from rain or snow. Sufficient protection must be 
provided to allow the dogs and cats to remain dry during rain, snow, and 
other precipitation.
    (f) Duration. The length of time any person subject to the Animal 
Welfare regulations (9 CFR parts 1, 2, and 3) can hold dogs and cats in 
animal holding areas of terminal facilities upon arrival is the same as 
that provided in Sec. 3.13(f) of this subpart.



Sec. 3.19  Handling.

    (a) Any person subject to the Animal Welfare regulations (9 CFR 
parts 1, 2, and 3) who moves (including loading and unloading) dogs or 
cats within, to, or from the animal holding area of a terminal facility 
or a primary conveyance must do so as quickly and efficiently as 
possible and must provide the following during movement of the dog or 
cat:
    (1) Shelter from sunlight and extreme heat. Sufficient shade must be 
provided to protect the dog or cat from the direct rays of the sun. The 
dog or cat must not be exposed to an ambient air temperature above 85 
deg.F (29.5  deg.C) for a period of more than 45 minutes while being 
moved to or from a primary conveyance or a terminal facility. The 
temperature must be measured in the manner provided in Sec. 3.18(d) of 
this subpart.
    (2) Shelter from rain and snow. Sufficient protection must be 
provided to allow the dogs and cats to remain dry during rain, snow, and 
other precipitation.
    (3) Shelter from cold temperatures. Transporting devices on which 
live dogs or cats are placed to move them must be covered to protect the 
animals when the outdoor temperature falls below 50  deg.F (10  deg.C). 
The dogs or cats must not be exposed to an ambient temperature below 45 
deg.F (7.2  deg.C) for a period of more than 45 minutes, unless they are 
accompanied by a certificate of acclimation to lower temperatures as 
provided in Sec. 3.13(e). The temperature must be measured in the manner 
provided in Sec. 3.18(d) of this subpart.
    (b) Any person handling a primary enclosure containing a dog or cat 
must use care and must avoid causing physical harm or distress to the 
dog or cat.
    (1) A primary enclosure containing a live dog or cat must not be 
placed on unattended conveyor belts, or on elevated conveyor belts, such 
as baggage claim conveyor belts and inclined conveyor ramps that lead to 
baggage claim areas, at any time; except that a primary enclosure may be 
placed on inclined conveyor ramps used to load and unload aircraft if an 
attendant is present at each end of the conveyor belt.
    (2) A primary enclosure containing a dog or cat must not be tossed, 
dropped, or needlessly tilted, and must not be stacked in a manner that 
may reasonably be expected to result in its falling. It must be handled 
and positioned in the manner that written instructions and arrows on the 
outside of the primary enclosure indicate.
    (c) This section applies to movement of a dog or cat from primary 
conveyance to primary conveyance, within a

[[Page 59]]

primary conveyance or terminal facility, and to or from a terminal 
facility or a primary conveyance.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Subpart B--Specifications for the Humane Handling, Care, Treatment, and 
               Transportation of Guinea Pigs and Hamsters

                   Facilities and Operating Standards



Sec. 3.25  Facilities, general.

    (a) Structural strength. Indoor and outdoor housing facilities for 
guinea pigs or hamsters shall be structurally sound and shall be 
maintained in good repair, to protect the animals from injury, to 
contain the animals, and to restrict the entrance of other animals.
    (b) Water and electric power. Reliable and adequate electric power, 
if required to comply with other provisions of this subpart, and 
adequate potable water shall be available.
    (c) Storage. Supplies of food and bedding shall be stored in 
facilities which adequately protect such supplies against spoilage or 
deterioration and infestation or contamination by vermin. Food supplies 
shall be stored in containers with tightly fitting lids or covers or in 
the original containers as received from the commercial sources of 
supply. Refrigeration shall be provided for supplies of perishable food.
    (d) Waste disposal. Provisions shall be made for the removal and 
disposal of animal and food wastes, bedding, dead animals, and debris. 
Disposal facilities shall be so provided and operated as to minimize 
vermin infestation, odors, and disease hazards.
    (e) Washroom and sinks. Facilities, such as washrooms, basins, or 
sinks, shall be provided to maintain cleanliness among animal 
caretakers.
[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]



Sec. 3.26  Facilities, indoor.

    (a) Heating. Indoor housing facilities for guinea pigs or hamsters 
shall be sufficiently heated when necessary to protect the animals from 
the cold, and to provide for their health and comfort. The ambient 
temperature shall not be allowed to fall below 60 deg. F. nor to exceed 
85 deg. F.
    (b) Ventilation. Indoor housing facilities for guinea pigs or 
hamsters shall be adequately ventilated to provide for the health and 
comfort of the animals at all times. Such facilities shall be provided 
with fresh air either by means of windows, doors, vents, or air 
conditioning, and shall be ventilated so as to minimize drafts, odors, 
and moisture condensation. The ambient temperature shall not be allowed 
to rise above 85 deg. F.
    (c) Lighting. Indoor housing facilities for guinea pigs or hamsters 
shall have ample light, by natural or artificial means, or both, of good 
quality and well distributed. Such lighting shall provide uniformly 
distributed illumination of sufficient light intensity to permit routine 
inspection and cleaning during the entire working period. Primary 
enclosures shall be so placed as to protect the guinea pigs or hamsters 
from excessive illumination.
    (d) Interior surfaces. The interior building surfaces of indoor 
housing facilities shall be constructed and maintained so that they are 
substantially impervious to moisture and may be readily sanitized.



Sec. 3.27  Facilities, outdoor.

    (a) Hamsters shall not be housed in outdoor facilities.
    (b) Guinea pigs shall not be housed in outdoor facilities unless 
such facilities are located in an appropriate climate and prior approval 
for such outdoor housing is obtained from the Deputy Administrator.



Sec. 3.28  Primary enclosures.

    All primary enclosures for guinea pigs and hamsters shall conform to 
the following requirements:
    (a) General. (1) Primary enclosures shall be structurally sound and 
maintained in good repair to protect the guinea pigs and hamsters from 
injury. Such enclosures, including their racks, shelving and other 
accessories, shall be constructed of smooth material substantially 
impervious to liquids and moisture.
    (2) Primary enclosures shall be constructed and maintained so that 
the guinea pigs or hamsters contained

[[Page 60]]

therein have convenient access to clean food and water as required in 
this subpart.
    (3) Primary enclosures having a solid floor shall be provided with 
clean bedding material.
    (4) Primary enclosures equipped with mesh or wire floors shall be so 
constructed as to allow feces to pass through the spaces of the mesh or 
wire: Provided, however, That such floors shall be constructed so as to 
protect the animals' feet and legs from injury.
    (b) Space requirements for primary enclosures acquired before August 
15, 1990.--(1) Guinea pigs and hamsters. Primary enclosures shall be 
constructed and maintained so as to provide sufficient space for each 
animal contained therein to make normal postural adjustments with 
adequate freedom of movement.
    (2) Guinea pigs. In addition to the provisions of paragraph (b)(1) 
of this section, the following space requirements are applicable to 
primary enclosures for guinea pigs:
    (i) The interior height of any primary enclosure used to confine 
guinea pigs shall be at least 6\1/2\ inches.
    (ii) Each guinea pig housed in a primary enclosure shall be provided 
a minimum amount of floor space in accordance with the following table:

                                                                        
------------------------------------------------------------------------
                                                                Minimum 
                                                               space per
                 Weight or stage of maturity                  guinea pig
                                                                (square 
                                                                inches) 
------------------------------------------------------------------------
Weaning to 350 grams........................................          60
350 grams or more...........................................          90
Breeders....................................................         180
------------------------------------------------------------------------

    (3) Hamsters. In addition to the provisions of paragraph (b)(1) of 
this section, the following space requirements are applicable to primary 
enclosures for hamsters:
    (i) The interior height of any primary enclosure used to confine 
hamsters shall be at least 5\1/2\ inches, except that in the case of 
dwarf hamsters, such interior height shall be at least 5 inches.
    (ii) A nursing female hamster, together with her litter, shall be 
housed in a primary enclosure which contains no other hamsters and which 
provides at least 121 square inches of floor space: Provided, however, 
That in the case of dwarf hamsters such floor space shall be at least 25 
square inches.
    (iii) The minimum amount of floor space per individual hamster and 
the maximum number of hamsters allowed in a single primary enclosure, 
except as provided for nursing females in paragraph (b)(3)(ii) of this 
section, shall be in accordance with the following table:

                                                                        
------------------------------------------------------------------------
                                           Minimum space per            
                                            hamster (square     Maximum 
                   Age                          inches)       population
                                         --------------------     per   
                                            Dwarf     Other    enclosure
------------------------------------------------------------------------
Weaning to 5 wks........................       5.0      10.0          20
5 to 10 wks.............................       7.5      12.5          16
10 wks. or more.........................         9      15.0          13
------------------------------------------------------------------------

    (c) Space requirements for primary enclosures acquired on or after 
August 15, 1990--(1) Guinea pigs. (i) Primary enclosures shall be 
constructed and maintained so as to provide sufficient space for each 
guinea pig contained therein to make normal postural adjustments with 
adequte freedom of movement.
    (ii) The interior height of any primary enclosure used to confine 
guinea pigs shall be at least 7 inches (17.78 cm).
    (iii) Each guinea pig shall be provided a minimum amount of floor 
space in any primary enclosure as follows:

                                                                        
------------------------------------------------------------------------
                                                           Minimum floor
                                                               space    
               Weight or stage of maturity               ---------------
                                                          in\2\   cm\2\ 
------------------------------------------------------------------------
Weaning to 350 grams....................................     60   387.12
>350 grams..............................................    101   651.65
Nursing females with their litters......................    101   651.65
------------------------------------------------------------------------

    (2) Hamsters. (i) Primary enclosures shall be constructed and 
maintained so as to provide sufficient space for each hamster contained 
therein to make normal postural adjustments with adequate freedom of 
movement.
    (ii) The interior height of any primary enclosure used to confine 
hamsters shall be at least 6 inches (15.24 cm).
    (iii) Except as provided in paragraph (c)(2)(iv) of this section, 
each hamster shall be provided a minimum amount of floor space in any 
primary enclosure as follows:

[[Page 61]]



                                                                        
------------------------------------------------------------------------
                        Weight                            Minimum floor 
-------------------------------------------------------     space per   
                                                             hamster    
           g                          ozs              -----------------
                                                          in2      cm2  
------------------------------------------------------------------------
<60                     <2.1                                 10    64.52
60 to 80                2.1-2.8                              13    83.88
80 to 100               2.8-3.5                              16   103.23
>100                    >3.5                                 19   122.59
------------------------------------------------------------------------

    (iv) A nursing female hamster, together with her litter, shall be 
housed in a primary enclosure that contains no other hamsters and that 
provides at least 121 square inches of floor space: Provided, however, 
That in the case of nursing female dwarf hamsters such floor space shall 
be at least 25 square inches.
    (3) Innovative primary enclosures that do not precisely meet the 
space requirements of paragraph (c)(1) or (c)(2) of this section, but 
that do provide guinea pigs or hamsters with a sufficient volume of 
space and the opportunity to express species-typical behavior, may be 
used at research facilities when approved by the Institutional Animal 
Care and Use Committee, and by dealers and exhibitors when approved by 
the Administrator.
[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28882, July 16, 1990]

                  Animal Health and Husbandry Standards



Sec. 3.29  Feeding.

    (a) Guinea pigs and hamsters shall be fed each day except as 
otherwise might be required to provide adequate veterinary care. The 
food shall be free from contamination, wholesome, palatable and of 
sufficient quantity and nutritive value to meet the normal daily 
requirements for the condition and size of the guinea pig or hamster.
    (b) Food comprising the basic diet shall be at least equivalent in 
quality and content to pelleted rations produced commercially and 
commonly available from feed suppliers.
    (c) The basic diet of guinea pigs and hamsters may be supplemented 
with good quality fruits or vegetables consistent with their individual 
dietary requirements.
    (d) Food receptacles, if used, shall be accessible to all guinea 
pigs or hamsters in a primary enclosure and shall be located so as to 
minimize contamination by excreta. All food receptacles shall be kept 
clean and shall be sanitized at least once every 2 weeks. If self-
feeders are used for the feeding of pelleted feed, measures must be 
taken to prevent molding, deterioration or caking of the feed. Hamsters 
may be fed pelleted feed on the floor of a primary enclosure.
    (e) Fruit or vegetable food supplements may be placed upon the 
bedding within the primary enclosure: Provided, however, That the 
uneaten portion of such supplements and any bedding soiled as a result 
of such feeding practices shall be removed from the primary enclosure 
when such uneaten supplements accumulate or such bedding becomes soiled 
to a degree that might be harmful or uncomfortable to animals therein.



Sec. 3.30  Watering.

    Unless food supplements consumed by guinea pigs or hamsters supply 
them with their normal water requirements, potable water shall be 
provided daily except as might otherwise be required to provide adequate 
veterinary care. Open containers used for dispensing water to guinea 
pigs or hamsters shall be so placed in or attached to the primary 
enclosure as to minimize contamination from excreta. All watering 
receptacles shall be sanitized when dirty: Provided, however, That such 
receptacles shall be sanitized at least once every 2 weeks.



Sec. 3.31  Sanitation.

    (a) Cleaning and sanitation of primary enclosures. (1) Primary 
enclosures shall be cleaned and sanitized often enough to prevent an 
accumulation of excreta or debris: Provided, however, That such 
enclosures shall be sanitized at least once every 2 weeks in the manner 
provided in paragraph (a)(4) of this section.
    (2) In the event a primary enclosure becomes soiled or wet to a 
degree that might be harmful or uncomfortable to the animals therein due 
to leakage of the watering system, discharges from dead or dying 
animals, spoiled perishable foods, or moisture condensation, the guinea 
pigs or hamsters shall be transferred to clean primary enclosures.

[[Page 62]]

    (3) Prior to the introduction of guinea pigs or hamsters into empty 
primary enclosures previously occupied, such enclosures shall be 
sanitized in the manner provided in paragraph (a)(4) of this section.
    (4) Primary enclosures for guinea pigs or hamsters shall be 
sanitized by washing them with hot water (180 deg. F.) and soap or 
detergent as in a mechanical cage washer, or by washing all soiled 
surfaces with a detergent solution followed by a safe and effective 
disinfectant, or by cleaning all soiled surfaces with live steam.
    (b) Housekeeping. Premises (buildings and grounds) shall be kept 
clean and in good repair in order to protect the animals from injury and 
to facilitate the prescribed husbandry practices set forth in this 
subpart. Premises shall remain free of accumulations of trash.
    (c) Pest control. An effective program for the control of insects, 
ectoparasites, and avian and mammalian pests shall be established and 
maintained.



Sec. 3.32  Employees.

    A sufficient number of employees shall be utilized to maintain the 
prescribed level of husbandry practices set forth in this subpart. Such 
practices shall be under the supervision of an animal caretaker who has 
a background in animal husbandry or care.



Sec. 3.33  Classification and separation.

    Animals housed in the same primary enclosure shall be maintained in 
compatible groups, with the following additional restrictions:
    (a) Except where harem breeding is practiced, preweanling guinea 
pigs shall not be housed in the same primary enclosure with adults other 
than their parents.
    (b) Guinea pigs shall not be housed in the same primary enclosure 
with hamsters, nor shall guinea pigs or hamsters be housed in the same 
primary enclosure with any other species of animals.
    (c) Guinea pigs or hamsters under quarantine or treatment for a 
communicable disease shall be separated from other guinea pigs or 
hamsters and other susceptible species of animals in such a manner as to 
minimize dissemination of such disease.



Sec. 3.34  [Reserved]

                        Transportation Standards

    Authority: Sections 3.35 through 3.41 issued under secs. 3, 5, 6, 
10, 11, 14, 16, 17, 21; 80 Stat. 353; 84 Stat. 1561, 1562, 1563, 1564; 
90 Stat. 418, 419, 420, 423; (7 U.S.C. 2133, 2135, 2136, 2140, 2141, 
2144, 2146, 2147, 2151); 37 FR 28464, 28477, 38 FR 19141.



Sec. 3.35  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any live 
guinea pig or hamster presented by any dealer, research facility, 
exhibitor, operator of an auction sale, or other person, or any 
department, agency, or instrumentality of the United States or any State 
or local govenment for shipment, in commerce, more than 4 hours prior to 
the scheduled departure of the primary conveyance on which it is to be 
transported: Provided, however, That the carrier or intermediate handler 
and any dealer, research facility, exhibitor, operator of an auction 
sale, or other person, or any department, agency, or instrumentality of 
the United States or any State or local government may mutually agree to 
extend the time of acceptance to not more than 6 hours if specific prior 
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for 
transportation or transport, in commerce any live guinea pig or hamster 
in a primary enclosure which conforms to the requirements set forth in 
Sec. 3.36 of the standards: Provided, however, That any carrier or 
intermediate handler may accept for transportation or transport, in 
commerce, any live guinea pig or hamster consigned by any department, 
agency, or instrumentality of the United States having laboratory animal 
facilities or exhibiting animals, or any licensed or registered dealer, 
research facility, exhibitor, or operator of an auction sale, if such 
consignor furnishes to the carrier or intermediate handler a 
certificate, signed by the consignor, stating that the primary enclosure 
complies with Sec. 3.36 of the standards, unless such primary enclosure 
is obviously defective or damaged

[[Page 63]]

and it is apparent that it cannot reasonably be expected to contain the 
live guinea pig or hamster without causing suffering or injury to such 
live guinea pig or hamster. A copy of such certificate shall accompany 
the shipment to destination. The certificate of compliance shall include 
at least the following information:
    (1) Name and address of the consignor;
    (2) The number of guinea pigs or hamsters in the primary 
enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the ---- 
(number) primary enclosure(s) which are used to transport the animal(s) 
in this shipment complies (comply) with USDA standards for primary 
enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.
    (c) Carriers or intermediate handlers whose facilities fail to meet 
the minimum temperature allowed by the standards may accept for 
transportation or transport, in commerce, any live hamster consigned by 
any department, agency, or instrumentality of the United States or of 
any State or local government, or by any person (including any licensee 
or registrant under the Act, as well as any private individual) if the 
consignor furnishes to the carrier or intermediate handler a certificate 
executed by a veterinarian accredited by this Department pursuant to 
part 160 of this title on a specified date which shall not be more than 
10 days prior to delivery of such hamster for transportation in 
commerce, stating that such live hamster is acclimated to air 
temperatures lower than those prescribed in Secs. 3.40 and 3.41. A copy 
of such certificate shall accompany the shipment to destination. The 
certificate shall include the following information:
    (1) Name and address of the consignor;
    (2) The number of hamsters in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the 
animal(s) in this shipment is (are), to the best of my knowledge, 
acclimated to air temperatures lower than 7.2 deg. C. (45 deg. F.).''); 
and
    (4) The signature of the USDA accredited veterinarian, assigned 
accreditation number, and date.
    (d) Carriers and intermediate handlers shall attempt to notify the 
consignee at least once in every 6 hour period following the arrival of 
any live guinea pig or hamster at the animal holding area of the 
terminal cargo facility. The time, date, and method of each attempted 
notification and the final notification to the consignee and the name of 
the person notifying the consignee shall be recorded on the copy of the 
shipping document retained by the carrier or intermediate handler and on 
a copy of the shipping document accompanying the animal shipment.
[42 FR 31563, June 21, 1977, as amended at 43 FR 22163, May 16, 1978; 44 
FR 63492, Nov. 2, 1979]



Sec. 3.36  Primary enclosures used to transport live guinea pigs and hamsters.

    No person subject to the Animal Welfare regulations shall offer for 
transportation, or transport, in commerce any live guinea pig or hamster 
in a primary enclosure that does not conform to the following 
requirements:
    (a) Primary enclosures, such as compartments, transport cages, 
cartons, or crates, used to transport live guinea pigs or hamsters shall 
be constructed in such a manner that (1) the structural strength of the 
enclosure shall be sufficient to contain the live guinea pigs or 
hamsters and to withstand the normal rigors of transportation; (2) the 
interior of the enclosure shall be free from any protrusions that could 
be injurious to the live guinea pigs or hamsters contained therein; (3) 
the inner surfaces of corrugated fiberboard, cardboard, or plastic 
containers shall be covered or laminated with wire mesh or screen where 
necessary to prevent escape of the animals; (4) the openings of such 
enclosures are easily accessible at all times for emergency removal of 
the live guinea pigs or hamsters; (5) except as provided in paragraph 
(i) of this section, there are ventilation openings located on two 
opposite walls of the primary enclosure and the ventilation openings on 
each such wall shall be at least 16 percent of the total surface area of 
each such wall, or there are

[[Page 64]]

ventilation openings located on all four walls of the primary enclosure 
and the ventilation openings on each such wall shall be at least 8 
percent of the total surface area of each such wall: Provided, however, 
That at least one-third of the total minimum area required for 
ventilation of the primary enclosure shall be located on the lower one-
half of the primary enclosure and at least one-third of the total 
minimum area required for ventilation of the primary enclosure shall be 
located on the upper one-half of the primary enclosure; (6) except as 
provided in paragraph (i) of this section, projecting rims or other 
devices shall be on the exterior of the outside walls with any 
ventilation openings to prevent obstruction of the ventilation openings 
and to provide a minimum air circulation space of 1.9 centimeters (.75 
inches) between the primary enclosure and any adjacent cargo or 
conveyance wall; and (7) except as provided in paragraph (i) of this 
section, adequate handholds or other devices for lifting shall be 
provided on the exterior of the primary enclosure to enable the primary 
enclosure to be lifted without tilting and to ensure that the person 
handling the primary enclosure will not be in contact with the guinea 
pigs or hamsters.
    (b) Live guinea pigs or hamsters tranported in the same primary 
enclosure shall be of the same species and maintained in compatible 
groups.
    (c) Primary enclosures used to transport live guinea pigs or 
hamsters shall be large enough to ensure that each animal contained 
therein has sufficient space to turn about freely and to make normal 
postural adjustments.
    (d) Not more than 15 live guinea pigs shall be transported in the 
same primary enclosure. No more than 50 live hamsters shall be 
transported in the same primary enclosure.
    (e) In addition to the other provisions of this section, the 
following requirements shall also apply to primary enclosures used to 
transport live guinea pigs or hamsters:
    (1) Guinea pigs. (i) The interior height of primary enclosures used 
to tranport live guinea pigs weighing up to 500 grams shall be at least 
15.2 centimeters (6 inches) and the interior height of primary 
enclosures used to transport live guinea pigs weighing over 500 grams 
shall be at least 17.8 centimeters (7 inches).
    (ii) Each live guinea pig transported in a primary enclosure shall 
be provided a minimum amount of floor space in accordance with the 
following table:

                    Minimum space per live guinea pig                   
------------------------------------------------------------------------
                                                    Square      Square  
                 Weight (grams)                  centimeters    inches  
------------------------------------------------------------------------
Up to 350......................................        193.6          30
350 to 600.....................................        290.3          45
Over 600.......................................        354.8          55
------------------------------------------------------------------------

    (2) Hamsters. (i) The interior height of primary enclosures used to 
transport live hamsters shall be at least 15.2 centimeters (6 inches) 
except that in the case of dwarf hamsters such interior height shall be 
at least 12.7 centimeters (5 inches).
    (ii) Each live hamster transported in a primary enclosure shall be 
provided a minimum amount of floor space in accordance with the 
following table:

                                         Minimum space per live hamster                                         
----------------------------------------------------------------------------------------------------------------
                                                                           Dwarf                   Other        
                                                                 -----------------------------------------------
                               Age                                   Square      Square      Square      Square 
                                                                  centimeters    inches   centimeters    inches 
----------------------------------------------------------------------------------------------------------------
Weaning to 5 wks................................................        32.2         5.0        45.2           7
5 to 10 wks.....................................................        48.3         7.5        71.0          11
Over 10 wks.....................................................        58.1         9.0        96.8          15
----------------------------------------------------------------------------------------------------------------

    (f) Primary enclosures used to transport live guinea pigs or 
hamsters as provided in this section shall have solid bottoms to prevent 
leakage in shipment and shall be cleaned and sanitized in a manner 
prescribed in Sec. 3.31 of the standards, if previously used. Such 
primary enclosures shall contain clean

[[Page 65]]

litter of a suitable absorbent material, which is safe and nontoxic to 
the guinea pigs or hamsters, in sufficient quantity to absorb and cover 
excreta, unless the guinea pigs or hamsters are on wire or other 
nonsolid floors.
    (g) Primary enclosures used to transport live guinea pigs or 
hamsters, except where such primary enclosures are permanently affixed 
in the animal cargo space of the primary conveyance, shall be clearly 
marked on top and on one or more sides with the words ``Live Animals'' 
in letters not less than 2.5 centimeters (1 inch) in height, and with 
arrows or other markings, to indicate the correct upright position of 
the container.
    (h) Documents accompanying the shipment shall be attached in an 
easily accessible manner to the outside of a primary enclosure which is 
part of such shipment.
    (i) When a primary enclosure is permanently affixed within the 
animal cargo space of the primary conveyance so that the front opening 
is the only source of ventilation for such primary enclosure, the front 
opening shall open directly to the outside or to an unobstructed aisle 
or passageway within the primary conveyance. Such front ventilation 
opening shall be at least 90 percent of the total surface area of the 
front wall of the primary enclosure and covered with bars, wire mesh or 
smooth expanded metal.
[42 FR 31563, June 21, 1977, as amended at 43 FR 21163, May 16, 1978; 55 
FR 28882, July 16, 1990]



Sec. 3.37  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used in 
transporting live guinea pigs and hamsters shall be designed and 
constructed to protect the health, and ensure the safety and comfort of 
the live guinea pigs and hamsters at all times.
    (b) The animal cargo space shall be constructed and maintained in a 
manner to prevent the ingress of engine exhaust fumes and gases from the 
primary conveyance during transportation in commerce.
    (c) No live guinea pig or hamster shall be placed in an animal cargo 
space that does not have a supply of air sufficient for normal breathing 
for each live animal contained therein, and the primary enclosures shall 
be positioned in the animal cargo space in such a manner that each live 
guinea pig or hamster has access to sufficient air for normal breathing.
    (d) Primary enclosures shall be positioned in the primary conveyance 
in such a manner that in an emergency the live guinea pigs or hamsters 
can be removed from the primary conveyance as soon as possible.
    (e) The interior of the animal cargo space shall be kept clean.
    (f) Live guinea pigs and hamsters shall not be transported with any 
material, substance (e.g., dry ice) or device which may reasonably be 
expected to be injurious to the health and well-being of the guinea pigs 
and hamsters unless proper precaution is taken to prevent such injury.
    (g) The animal cargo space of primary conveyances used to transport 
guinea pigs or hamsters shall be mechanically sound and provide fresh 
air by means of windows, doors, vents, or air conditioning so as to 
minimize drafts, odors, and moisture condensation. Auxiliary 
ventilation, such as fans, blowers, or air conditioners, shall be used 
in any cargo space containing live guinea pigs or hamsters when the 
ambient temperature in the animal cargo space is 75  deg.F (23.9  deg.C) 
or higher. The ambient temperature within the animal cargo space shall 
not exceed 85  deg.F (29.5  deg.C) or fall below 45  deg.F (7.2  deg.C), 
except that the ambient temperature in the cargo space may be below 45 
deg.F (7.2  deg.C) for hamsters if the hamsters are accompanied by a 
certificate of acclimation to lower temperatures, as provided in 
Sec. 3.35(c) of this part.
[42 FR 31563, June 21, 1977, as amended at 55 FR 28882, July 16, 1990]



Sec. 3.38  Food and water requirements.

    (a) If live guinea pigs or hamsters are to be transported for a 
period of more than 6 hours, the animals shall have access to food and 
water or a type of food, which provides the requirements for food and 
water in quantity and quality sufficient to satisfy their food and water 
needs, during transit.
    (b) Any dealer, research facility, exhibitor or operator of an 
auction sale

[[Page 66]]

offering any live guinea pig or hamster to any carrier or intermediate 
handler for transportation, in commerce, shall provide an adequate 
supply of food or type of food, which provides the requirements for food 
and water, within the primary enclosure to meet the requirements of this 
section.
    (c) No carrier or intermediate handler shall accept for 
transportation, in commerce, any live guinea pig or hamster without an 
adequate supply of food or type of food, which provides the requirements 
for food and water, within the primary enclosure to meet the 
requirements of this section.
[42 FR 31563, June 21, 1977]



Sec. 3.39  Care in transit.

    (a) During surface transportation, it shall be the responsibility of 
the driver or other employee to visually observe the live guinea pigs or 
hamsters as frequently as circumstances may dictate, but not less than 
once every 4 hours, to assure that they are receiving sufficient air for 
normal breathing, their ambient temperatures are within the prescribed 
limits, all other applicable standards are being complied with and to 
determine whether any of the live guinea pigs or hamsters are in obvious 
physical distress and to provide any needed veterinary care as soon as 
possible. When transported by air, live guinea pigs and hamsters shall 
be visually observed by the carrier as frequently as circumstances may 
dictate, but not less than once every 4 hours, if the animal cargo space 
is accessible during flight. If the animal cargo space is not accessible 
during flight, the carrier shall visually observe the live guinea pigs 
or hamsters whenever loaded and unloaded and whenever the animal cargo 
space is otherwise accessible to assure that they are receiving 
sufficient air for normal breathing, their ambient temperatures are 
within the prescribed limits, all other applicable standards are being 
complied with and to determine whether any such live guinea pigs or 
hamsters are in obvious physical distress. The carrier shall provide any 
needed veterinary care as soon as possible. No guinea pig or hamster in 
obvious physical distress shall be transported in commerce.
    (b) During the course of transportation, in commerce, live guinea 
pigs or hamsters shall not be removed from their primary enclosures 
unless placed in other primary enclosures or facilities conforming to 
the requirements provided in this subpart.
[42 FR 31563, June 21, 1977]



Sec. 3.40  Terminal facilities.

    No person subject to the Animal Welfare regulations shall commingle 
shipments of live guinea pigs or hamsters with inanimate cargo. All 
animal holding areas of a terminal facility where shipments of live 
guinea pigs or hamsters are maintained shall be cleaned and sanitized as 
prescribed in Sec. 3.31 of the standards often enough to prevent an 
accumulation of debris or excreta, to minimize vermin infestation, and 
to prevent a disease hazard. An effective program for the control of 
insects, ectoparasites, and avian and mammalian pests shall be 
established and maintained for all animal holding areas. Any animal 
holding area containing live guinea pigs or hamsters shall be provided 
with fresh air by means of windows, doors, vents, or air conditioning 
and may be ventilated or air circulated by means of fans, blowers, or an 
air conditioning system so as to minimize drafts, odors, and moisture 
condensation. Auxiliary ventilation, such as exhaust fans and vents or 
fans or blowers or air conditioning shall be used for any animal holding 
area containing live guinea pigs and hamsters when the air temperature 
within such animal holding area is 23.9 deg. C. (75. deg. F.) or higher. 
The air temperature around any live guinea pig or hamster in any animal 
holding area shall not be allowed to fall below 7.2 deg. C. (45 deg. F.) 
nor be allowed to exceed 29.5 deg. C. (85 deg. F.) at any time. To 
ascertain compliance with the provisions of this paragraph, the air 
temperature around any live guinea pig or hamster shall be measured and 
read outside the primary enclosure which contains such guinea pig or 
hamster at a distance not to exceed .91 meters (3 feet) from any one of 
the external walls of the primary enclosure and measured on a level 
parallel to the bottom of such primary enclosure at a point which 
approximates half the distance

[[Page 67]]

between the top and bottom of such primary enclosure.
[43 FR 56215, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]



Sec. 3.41  Handling.

    (a) Any person who is subject to the Animal Welfare regulations and 
who moves live guinea pigs or hamsters from an animal holding area of a 
terminal facility to a primary conveyance or vice versa shall do so as 
quickly and efficiently as possible. Any person subject to the Animal 
Welfare Act and holding any live guinea pig or hamster in an animal 
holding area of a terminal facility or transporting any live guinea pig 
or hamster to or from a terminal facility shall provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to protect 
the live guinea pigs and hamsters from the direct rays of the sun and 
such live guinea pigs or hamsters shall not be subjected to surrounding 
air temperatures which exceed 29.5 deg. C. (85 deg. F.), and which shall 
be measured and read in the manner prescribed Sec. 3.40 of this part, 
for a period of more than 45 minutes.
    (2) Shelter from rain or snow. Live guinea pigs and hamsters shall 
be provided protection to allow them to remain dry during rain or snow.
    (3) Shelter from cold weather. Transporting devices shall be covered 
to provide protection for live guinea pigs and hamsters when the outdoor 
air temperature falls below 10 deg. C. (50 deg. F.), and such live 
guinea pigs and hamsters shall not be subjected to surrounding air 
temperatures which fall below 7.2 deg. C. (45 deg. F.), and which shall 
be measured and read in the manner prescribed in Sec. 3.40 of this part, 
for a period of more than 45 minutes.
    (b) Care shall be exercised to avoid handling of the primary 
enclosure in such a manner that may cause physical or emotional trauma 
to the live guinea pig or hamster contained therein.
    (c) Primary enclosures used to transport any live guinea pig or 
hamster shall not be tossed, dropped, or needlessly tilted and shall not 
be stacked in a manner which may reasonably be expected to result in 
their falling.
[43 FR 21163, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 
FR 28883, July 16, 1990]



 Subpart C--Specifications for the Humane Handling, Care, Treatment and 
                        Transportation of Rabbits

                   Facilities and Operating Standards



Sec. 3.50  Facilities, general.

    (a) Structural strength. Indoor and outdoor housing facilities for 
rabbits shall be structurally sound and shall be maintained in good 
repair, to protect the animals from injury, to contain the animals, and 
to restrict the entrance of other animals.
    (b) Water and electric power. Reliable and adequate electric power, 
if required to comply with other provisions of this subpart, and 
adequate potable water shall be available.
    (c) Storage. Supplies of food and bedding shall be stored in 
facilities which adequately protect such supplies against infestation or 
contamination by vermin. Refrigeration shall be provided for supplies of 
perishable food.
    (d) Waste disposal. Provision shall be made for the removal and 
disposal of animal and food wastes, bedding, dead animals, and debris. 
Disposal facilities shall be so provided and operated as to minimize 
vermin infestation, odors, and disease hazards.
    (e) Washroom and sinks. Facilities, such as washrooms, basins, or 
sinks, shall be provided to maintain cleanliness among animal 
caretakers.
[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]



Sec. 3.51  Facilities, indoor.

    (a) Heating. Indoor housing facilities for rabbits need not be 
heated.
    (b) Ventilation. Indoor housing facilities for rabbits shall be 
adequately ventilated to provide for the health and comfort of the 
animals at all times. Such facilities shall be provided with fresh air 
either by means of windows, doors, vents, or air conditioning and shall 
be ventilated so as to minimize

[[Page 68]]

drafts, odors, and moisture condensation. Auxiliary ventilation, such as 
exhaust fans and vents or air conditioning, shall be provided when the 
ambient temperature is 85 deg. F. or higher.
    (c) Lighting. Indoor housing facilities for rabbits shall have ample 
light, by natural or artificial means, or both, of good quality and well 
distributed. Such lighting shall provide uniformly distributed 
illumination of sufficient light intensity to permit routine inspection 
and cleaning during the entire working period. Primary enclosures shall 
be so placed as to protect the rabbits from excessive illumination.
    (d) Interior surfaces. The interior building surfaces of indoor 
housing facilities shall be constructed and maintained so that they are 
substantially impervious to moisture and may be readily sanitized.



Sec. 3.52  Facilities, outdoor.

    (a) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to allow 
all rabbits kept outdoors to protect themselves from the direct rays of 
the sun. When the atmospheric temperature exceeds 90 deg. F. artificial 
cooling shall be provided by a sprinkler system or other means.
    (b) Shelter from rain or snow. Rabbits kept outdoors shall be 
provided with access to shelter to allow them to remain dry during rain 
or snow.
    (c) Shelter from cold weather. Shelter shall be provided for all 
rabbits kept outdoors when the atmospheric temperature falls below 
40 deg. F.
    (d) Protection from predators. Outdoor housing facilities for 
rabbits shall be fenced or otherwise enclosed to minimize the entrance 
of predators.
    (e) Drainage. A suitable method shall be provided to rapidly 
eliminate excess water.



Sec. 3.53  Primary enclosures.

    All primary enclosures for rabbits shall conform to the following 
requirements:
    (a) General. (1) Primary enclosures shall be structurally sound and 
maintained in good repair to protect the rabbits from injury, to contain 
them, and to keep predators out.
    (2) Primary enclosures shall be constructed and maintained so as to 
enable the rabbits to remain dry and clean.
    (3) Primary enclosures shall be constructed and maintained so that 
the rabbits contained therein have convenient access to clean food and 
water as required in this subpart.
    (4) The floors of the primary enclosures shall be constructed so as 
to protect the rabbits' feet and legs from injury. Litter shall be 
provided in all primary enclosures having solid floors.
    (5) A suitable nest box containing clean nesting material shall be 
provided in each primary enclosure housing a female with a litter less 
than one month of age.
    (b) Space requirements for primary enclosures acquired before August 
15, 1990. Primary enclosures shall be constructed and maintained so as 
to provide sufficient space for the animal to make normal postural 
adjustments with adequate freedom of movement. Each rabbit housed in a 
primary enclosure shall be provided a minimum amount of floor space, 
exclusive of the space taken up by food and water receptacles, in 
accordance with the following table:

                                                                        
------------------------------------------------------------------------
                                                                Minimum 
                                                               space per
              Category                  Individual weights      rabbit  
                                             (pounds)           (square 
                                                                inches) 
------------------------------------------------------------------------
Groups..............................  3 through 5...........         144
                                      6 through 8...........         288
                                      9 or more.............         432
Individual adults...................  3 through 5...........         180
                                      6 through 8...........         360
                                      9 through 11..........         540
                                      12 or more............         720
Nursing females.....................  3 through 5...........         576
                                      6 through 8...........         720
                                      9 through 11..........         864
                                      12 or more............        1080
------------------------------------------------------------------------

    (c) Space requirements for primary enclosures acquired on or after 
August 15, 1990.
    (1) Primary enclosures shall be constructed and maintained so as to 
provide sufficient space for the animal to make normal postural 
adjustments with adequate freedom of movement.
    (2) Each rabbit housed in a primary enclosure shall be provided a 
minimum amount of floor space, exclusive of the

[[Page 69]]

space taken up by food and water receptacles, in accordance with the 
following table:

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                       Individual weights        Minimum floor space     Minimum interior height
                                   -----------------------------------------------------------------------------
                                         kg          lbs           m2          ft2           cm           in    
----------------------------------------------------------------------------------------------------------------
Individual rabbits (weaned).......           <2                                                                 
                                            2-4                                                                 
                                          4-5.4                                                                 
                                           >5.4         <4.4                                                    
                                                     4.4-8.8                                                    
                                                    8.8-11.9                                                    
                                                       >11.9         0.14                                       
                                                                     0.28                                       
                                                                     0.37                                       
                                                                     0.46          1.5                          
                                                                                   3.0                          
                                                                                   4.0                          
                                                                                   5.0        35.56             
                                                                                              35.56             
                                                                                              35.56             
                                                                                              35.56           14
                                                                                                              14
                                                                                                              14
                                                                                                              14
----------------------------------------------------------------------------------------------------------------


                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                    Weight of nursing female    Minimum floor space/     Minimum interior height
                                   --------------------------      female & litter     -------------------------
                                                             --------------------------                         
                                         kg          lbs           m2          ft2           cm           in    
----------------------------------------------------------------------------------------------------------------
Females with litters..............           <2                                                                 
                                            2-4                                                                 
                                          4-5.4                                                                 
                                           >5.4         <4.4                                                    
                                                     4.4-8.8                                                    
                                                    8.8-11.9                                                    
                                                       >11.9         0.37                                       
                                                                     0.46                                       
                                                                     0.56                                       
                                                                     0.70          4.0                          
                                                                                   5.0                          
                                                                                   6.0                          
                                                                                   7.5        35.56             
                                                                                              35.56             
                                                                                              35.56             
                                                                                              35.56           14
                                                                                                              14
                                                                                                              14
                                                                                                              14
----------------------------------------------------------------------------------------------------------------

    (3) Innovative primary enclosures that do not precisely meet the 
space requirements of paragraph (c)(2) of this section, but that do 
provide rabbits with a sufficient volume of space and the opportunity to 
express species-typical behavior, may be used at research facilities 
when approved by the Institutional Animal Care and Use Committee, and by 
dealers and exhibitors when approved by the Administrator.
[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28883, July 16, 1990]

                  Animal Health and Husbandry Standards



Sec. 3.54  Feeding.

    (a) Rabbits shall be fed at least once each day except as otherwise 
might be required to provide adequate veterinary care. The food shall be 
free from contamination, wholesome, palatable and of sufficient quantity 
and nutritive value to meet the normal daily requirements for the 
condition and size of the rabbit.
    (b) Food receptacles shall be accessible to all rabbits in a primary 
enclosure and shall be located so as to minimize contamination by 
excreta. All food receptacles shall be kept clean and sanitized at least 
once every 2 weeks. If self feeders are used for the feeding of dry 
feed, measures must be taken to prevent molding, deterioration or caking 
of the feed.



Sec. 3.55  Watering.

    Sufficient potable water shall be provided daily except as might 
otherwise be required to provide adequate veterinary care. All watering 
receptacles shall be sanitized when dirty: Provided, however, That such 
receptacles shall be sanitized at least once every 2 weeks.



Sec. 3.56  Sanitation.

    (a) Cleaning of primary enclosures. (1) Primary enclosures shall be 
kept reasonably free of excreta, hair, cobwebs and other debris by 
periodic cleaning. Measures shall be taken to prevent the wetting of 
rabbits in such enclosures if a washing process is used.
    (2) In primary enclosures equipped with solid floors, soiled litter 
shall be removed and replaced with clean litter at least once each week.
    (3) If primary enclosures are equipped with wire or mesh floors, the 
troughs or pans under such enclosures shall be cleaned at least once 
each week. If worm bins are used under such enclosures they shall be 
maintained in a sanitary condition.
    (b) Sanitization of primary enclosures. (1) Primary enclosures for 
rabbits shall be sanitized at least once every 30 days in the manner 
provided in paragraph (b)(3) of this section.
    (2) Prior to the introduction of rabbits into empty primary 
enclosures previously occupied, such enclosures

[[Page 70]]

shall be sanitized in the manner provided in paragraph (b)(3) of this 
section.
    (3) Primary enclosures for rabbits shall be sanitized by washing 
them with hot water (180 deg. F.) and soap or detergent as in a 
mechanical cage washer, or by washing all soiled surfaces with a 
detergent solution followed by a safe and effective disinfectant, or by 
cleaning all soiled surfaces with live steam or flame.
    (c) Housekeeping. Premises (buildings and grounds) shall be kept 
clean and in good repair in order to protect the animals from injury and 
to facilitate the prescribed husbandry practices set forth in this 
subpart. Premises shall remain free of accumulations of trash.
    (d) Pest control. An effective program for the control of insects, 
ectoparasites, and avian and mammalian pests shall be established and 
maintained.



Sec. 3.57  Employees.

    A sufficient number of employees shall be utilized to maintain the 
prescribed level of husbandry practices set forth in this subpart. Such 
practices shall be under the supervision of an animal caretaker who has 
a background in animal husbandry or care.



Sec. 3.58  Classification and separation.

    Animals housed in the same primary enclosure shall be maintained in 
compatible groups, with the following additional restrictions:
    (a) Rabbits shall not be housed in the same primary enclosure with 
any other species of animals unless required for scientific reasons.
    (b) Rabbits under quarantine or treatment for a communicable disease 
shall be separated from other rabbits and other susceptible species of 
animals in such a manner as to minimize dissemination of such disease.



Sec. 3.59  [Reserved]

                        Transportation Standards

    Authority: Sections 3.60 through 3.66 issued under secs. 3, 5, 6, 
10, 11, 14, 16, 17, 21; 80 Stat. 353; 84 Stat. 1561, 1562, 1563, 1564; 
90 Stat. 418, 420, 423 (7 U.S.C. 2133, 2135, 2136, 2140, 2141, 2144, 
2146, 2147, 2151); 37 FR 28464, 28477, 38 FR 19141.

    Source: Sections 3.60 through 3.66 appear at 42 FR 31565, June 21, 
1977, unless otherwise noted.



Sec. 3.60  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any live 
rabbit presented by any dealer, research facility, exhibitor, operator 
of an auction sale, or other person, or any department, agency, or 
instrumentality of the United States or any State or local government 
for shipment, in commerce, more than 4 hours prior to the scheduled 
departure of the primary conveyance on which it is to be transported: 
Provided, however, That the carrier or intermediate handler and any 
dealer, research facility, exhibitor, operator of an auction sale, or 
other person, or any department, agency, or instrumentality of the 
United States or any State or local government may mutually agree to 
extend the time of acceptance to not more than 6 hours if specific prior 
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for 
transportation or transport, in commerce, any live rabbit in a primary 
enclosure which conforms to the requirements set forth in Sec. 3.61 of 
the standards: Provided, however, That any carrier or intermediate 
handler may accept for transportation or transport, in commerce, any 
live rabbit consigned by any department, agency, or instrumentality of 
the United States having laboratory animal facilities or exhibiting 
animals or any licensed or registered dealer, research facility, 
exhibitor, or operator of any auction sale, if such consignor furnishes 
to the carrier or intermediate handler a certificate, signed by the 
consignor, stating that the primary enclosure complies with Sec. 3.61 of 
the standards, unless such primary enclosure is obviously defective or 
damaged and it is apparent that it cannot reasonably be expected to 
contain the live rabbit without causing suffering or injury to such live 
rabbit. A copy of such certificate shall accompany the shipment to 
destination. The certificate shall include at least the following 
information:

[[Page 71]]

    (1) Name and address of the consignor;
    (2) The number of rabbits in the primary enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the ---- 
(number) primary enclosure(s) which are used to transport the animal(s) 
in this shipment complies (comply) with USDA standards for primary 
enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.
    (c) Carriers or intermediate handlers whose facilities fail to meet 
the minimum temperature allowed by the standards may accept for 
transportation or transport, in commerce, any live rabbit consigned by 
any department, agency, or instrumentality of the United States or of 
any State or local government, or by any person (including any licensee 
or registrant under the Act, as well as any private individual) if the 
consignor furnishes to the carrier or intermediate handler a certificate 
executed by a veterinarian accredited by this Department pursuant to 
part 160 of this title on a specified date which shall not be more than 
10 days prior to delivery of such rabbit for transportation in commerce, 
stating that such live rabbit is acclimated to air temperatures lower 
than those prescribed in Secs. 3.65 and 3.66. A copy of such certificate 
shall accompany the shipment to destination. The certificate shall 
include at least the following information:
    (1) Name and address of the consignor;
    (2) The number of rabbits in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the 
animal(s) in this shipment is (are), to the best of my knowledge, 
acclimated to air temperatures lower than 7.2 deg. C. (45 deg. F.).)''; 
and
    (4) The signature of the USDA accredited veterinarian, assigned 
accreditation number, and date.
    (d) Carriers and intermediate handlers shall attempt to notify the 
consignee at least once in every 6 hour period following the arrival of 
any live rabbit at the animal holding area of the terminal cargo 
facility. The time, date, and method of each attempted notification and 
the final notification to the consignee and the name of the person 
notifying the consignee shall be recorded on the copy of the shipping 
document retained by the carrier or intermediate handler and on a copy 
of the shipping document accompanying the animal shipment.
[42 FR 31565, June 21, 1977, as amended at 43 FR 21164, May 16, 1978; 44 
FR 63493, Nov. 2, 1979]



Sec. 3.61  Primary enclosures used to transport live rabbits.

    No person subject to the Animal Welfare regulations shall offer for 
transportation or transport in commerce any live rabbit in a primary 
enclosure that does not conform to the following requirements:
    (a) Primary enclosures, such as compartments, transport cages, 
cartons, or crates, used to transport live rabbits shall be constructed 
in such a manner that:
    (1) The stuctural strength of the enclosure shall be sufficient to 
contain the live rabbits and to withstand the normal rigors of 
transportation;
    (2) The interior of the enclosure shall be free from any protrusions 
that could be injurious to the live rabbits contained therein;
    (3) The openings of such enclosures are easily accessible at all 
times for emergency removal of the live rabbits;
    (4) Except as provided in paragraph (h) of this section, there are 
ventilation openings located on two opposite walls of the primary 
enclosure and the ventilation openings on each such wall shall be at 
least 16 percent of the total surface area of each such wall, or there 
are ventilation openings located on all four walls of the primary 
enclosure and the ventilation openings on each such wall shall be at 
least 8 percent of the total surface area of each such wall: Provided, 
however, That at least one-third of the total minimum area required for 
ventilation of the primary enclosure shall be located on the lower one-
half of the primary enclosure and at least one-third of the total 
minimum area required for ventilation of the primary enclosure shall be 
located on the upper one-half of the primary enclosure;

[[Page 72]]

    (5) Except as provided in paragraph (h) of this section, projecting 
rims or other devices shall be on the exterior of the outside walls with 
any ventilation openings to prevent obstruction of the ventilation 
openings and to provide a minimum air circulation space 1.9 centimeters 
(.75 inch) between the primary enclosure and any adjacent cargo or 
conveyance wall; and
    (6) Except as provided in paragraph (h) of this section, adequate 
handholds or other devices for lifting shall be provided on the exterior 
of the primary enclosure to enable the primary enclosure to be lifted 
without tilting and to ensure that the person handling the primary 
enclosure will not be in contact with the rabbit.
    (b) Live rabbits transported in the same primary enclosure shall be 
maintained in compatible groups and shall not be transported in the same 
primary enclosure with other specie of animals.
    (c) Primary enclosures used to transport live rabbits shall be large 
enough to ensure that each rabbit contained therein has sufficient space 
to turn about freely and to make normal postural adjustments.
    (d) Not more than 15 live rabbits shall be transported in the same 
primary enclosure.
    (e) Primary enclosures used to transport live rabbits as provided in 
this section shall have solid bottoms to prevent leakage in shipment and 
shall be cleaned and sanitized in a manner prescribed in Sec. 3.56 of 
the standards, if previously used. Such primary enclosures shall contain 
clean litter of a suitable absorbent material which is safe and nontoxic 
to the rabbits, in sufficient quantity to absorb and cover excreta, 
unless the rabbits are on wire or other nonsolid floors.
    (f) Primary enclosures used to transport live rabbits, except where 
such primary enclosures are permanently affixed in the animal cargo 
space of the primary conveyance, shall be clearly marked on top and on 
one or more sides with the works ``Live Animal'' in letters not less 
than 2.5 centimeters (1 inch) in height, and with arrows or other 
markings, to indicate the correct upright position of the container.
    (g) Documents accompanying the shipment shall be attached in an 
easily accessible manner to the outside of a primary enclosure which is 
part of such shipment.
    (h) When a primary enclosure is permanently affixed within the 
animal cargo space of the primary conveyance so that the front opening 
is the only source of ventilation for such primary enclosure, the front 
opening shall open directly to the outside or to an unobstructed aisle 
or passageway within the primary conveyance. Such front ventilation 
opening shall be at least 90 percent of the total surface area of the 
front wall of the primary enclosure and covered with bars, wire mesh or 
smooth expanded metal.
[42 FR 31565, June 21, 1977, as amended at 43 FR 21164, May 16, 1978; 55 
FR 28883, July 16, 1990]



Sec. 3.62  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used in 
transporting live rabbits shall be designed and constructed to protect 
the health, and ensure the safety and comfort of the rabbits contained 
therein at all times.
    (b) The animal cargo space shall be constructed and maintained in a 
manner to prevent the ingress of engine exhaust fumes and gases from the 
primary conveyance during transportation in commerce.
    (c) No live rabbit shall be placed in an animal cargo space that 
does not have a supply of air sufficient for normal breathing for each 
live animal contained therein, and the primary enclosures shall be 
positioned in the animal cargo space in such a manner that each rabbit 
has access to sufficient air for normal breathing.
    (d) Primary enclosures shall be positioned in the primary conveyance 
in such a manner that in an emergency the live rabbits can be removed 
from the primary conveyance as soon as possible.
    (e) The interior of the animal cargo space shall be kept clean.
    (f) Live rabbits shall not be transported with any material, 
substance (e.g., dry ice) or device which may reasonably be expected to 
be injurious to the health and well-being of the rabbits unless proper 
precaution is taken to prevent such injury.

[[Page 73]]

    (g) The animal cargo space of primary conveyances used to transport 
rabbits shall be mechanically sound and provide fresh air by means of 
windows, doors, vents, or air conditioning so as to minimize drafts, 
odors, and moisture condensation. Auxiliary ventilation, such as fans, 
blowers, or air conditioners, shall be used in any cargo space 
containing live rabbits when the ambient temperature in the animal cargo 
space is 75  deg.F (23.9  deg.C) or higher. The ambient temperature 
within the animal cargo space shall not exceed 85  deg.F (29.5  deg.C) 
or fall below 45  deg.F (7.2  deg.C), except that the ambient 
temperature in the cargo space may be below 45  deg.F (7.2  deg.C) if 
the rabbits are accompanied by a certificate of acclimation to lower 
temperatures, as provided in Sec. 3.60(c) of this part.
[42 FR 31565, June 21, 1977, as amended at 55 FR 28883, July 16, 1990]



Sec. 3.63  Food and water requirements.

    (a) If live rabbits are to be transported for a period of more than 
6 hours, they shall have access to food and water or a type of food, 
which provides the requirements for food and water in quantity and 
quality sufficient to satisfy their food and water needs, during 
transit.
    (b) Any dealer, research facility, exhibitor or operator of an 
auction sale offering any live rabbit to any carrier or intermediate 
handler for transportation, in commerce, shall provide an adequate 
supply of food or type of food, which provides the requirements for food 
and water, within the primary enclosure to meet the requirements of this 
section.
    (c) No carrier or intermediate handler shall accept for 
transportation, in commerce, any live rabbit without an adequate supply 
of food or type of food, which provides the requirements for food and 
water, within the primary enclosure to meet the requirements of this 
section.



Sec. 3.64  Care in transit.

    (a) During surface transportation, it shall be th responsibility of 
the driver or other employee to visually observe the live rabbits as 
frequently as circumstances may dictate, but not less than once every 4 
hours, to assure that they are receiving sufficient air for normal 
breathing, their ambient temperatures are within the prescribed limits, 
all other applicable standards are being complied with and to determine 
whether any of the live rabbits are in obvious physical disress and to 
provide any needed veterinary care as soon as possible. When transported 
by air, live rabbits shall be visually observed by the carrier as 
frequently as circumstances may dictate, but not less than once every 4 
hours, if the cargo space is accessible during flight. If the animal 
cargo space is not accessible during flight, the carrier shall visually 
observe the live rabbits whenever loaded and unloaded and whenever the 
animal cargo space is otherwise accessible to assure that they are 
receiving sufficient air for normal breathing, their ambient 
temperatures are within the prescribed limits, all other applicable 
standards are being complied with and to determine whether any such live 
rabbits are in obvious physical distress. The carrier shall provide any 
needed veterinary care as soon as possible. No rabbit in obvious 
physical distress shall be transported in commerce.
    (b) During the course of transportation, in commerce, live rabbits 
shall not be removed from their primary enclosures unless placed in 
other primary enclosures or facilities conforming to the requirements 
provided in this subpart.



Sec. 3.65  Terminal facilities.

    No person subject to the Animal Welfare regulations shall commingle 
shipments of live rabbits with inanimate cargo. All animal holding areas 
of a terminal facility where shipments of rabbits are maintained shall 
be cleaned and sanitized as prescribed in Sec. 3.56 of the standards 
often enough to prevent an accumulation of debris or excreta, to 
minimize vermin infestation, and to prevent a disease hazard. An 
effective program for the control of insects, ectoparasites, and avian 
and mammalian pests shall be established and maintained for all animal 
holding areas. Any animal holding area containing live rabbits shall be 
provided with fresh air by means of windows, doors, vents, or air 
conditioning and may be ventilated or air circulated by

[[Page 74]]

means of fans, blowers, or an air conditioning system so as to minimize 
drafts, odors, and moisture condensation. Auxiliary ventilation, such as 
exhaust fans and vents or fans or blowers or air conditioning shall be 
used for any animal holding area containing live rabbits when the air 
temperature within such animal holding area is 23.9 deg. C. (75 deg. F.) 
or higher. The air temperature around any live rabbit in any animal 
holding area shall not be allowed to fall below 7.2 deg. C. (45 deg. F.) 
nor be allowed to exceed 29.5 deg. C. (85 deg. F.) at any time. To 
ascertain compliance with the provisions of this paragraph, the air 
temperature around any live rabbit shall be measured and read outside 
the primary enclosure which contains such rabbit at a distance not to 
exceed .91 meters (3 feet) from any one of the external walls of the 
primary enclosure and on a level parallel to the bottom of such primary 
enclosure at a point which approximates half the distance between the 
top and bottom of such primary enclosure.
[43 FR 56216, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]]



Sec. 3.66  Handling.

    (a) Any person who is subject to the Animal Welfare regulations and 
who moves live rabbits from an animal holding area of a terminal 
facility to a primary conveyance or vice versa shall do so as quickly 
and efficiently as possible. Any person subject to the Animal Welfare 
regulations and holding any live rabbit in an animal holding area of a 
terminal facility or transporting any live rabbit to or from a terminal 
facility shall provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to protect 
the live rabbits from the direct rays of the sun and such live rabbits 
shall not be subjected to surrounding air temperatures which exceed 
29.5 deg. C. (85 deg. F.), and which shall be measured and read in the 
manner prescribed in Sec. 3.65 of this part, for a period of more than 
45 minutes.
    (2) Shelter from rain or snow. Live rabbits shall be provided 
protection to allow them to remain dry during rain or snow.
    (3) Shelter from cold weather. Transporting devices shall be covered 
to provide protection for live rabbits when the outdoor air temperature 
falls below 10 deg. C. (50 deg. F.), and such live rabbits shall not be 
subjected to surrounding air temperatures which fall below 7.2 deg. C. 
(45 deg. F.), and which shall be measured and read in the manner 
prescribed in Sec. 3.65 of this part, for a period of more than 45 
minutes unless such rabbits are accompanied by a certificate of 
acclimation to lower temperatures as prescribed in Sec. 3.60(c).
    (b) Care shall be exercised to avoid handling of the primary 
enclosure in such a manner that may cause physical or emotional trauma 
to the live rabbit contained therein.
    (c) Primary enclosures used to transport any live rabbit shall not 
be tossed, dropped, or needlessly tilted and shall not be stacked in a 
manner which may reasonably be expected to result in their falling.
[43 FR 21164, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 
FR 28883, July 16, 1990]



Subpart D--Specifications for the Humane Handling, Care, Treatment, and 
                 Transportation of Nonhuman Primates \2\

    Source: 56 FR 6495, Feb. 15, 1991, unless otherwise noted.

                   Facilities and Operating Standards



Sec. 3.75  Housing facilities, general.

    (a) Structure: construction. Housing facilities for nonhuman 
primates must

[[Page 75]]

be designed and constructed so that they are structurally sound for the 
species of nonhuman primates housed in them. They must be kept in good 
repair, and they must protect the animals from injury, contain the 
animals securely, and restrict other animals from entering.
---------------------------------------------------------------------------


    \2\ Nonhuman primates include a great diversity of forms, ranging 
from the marmoset weighing only a few ounces, to the adult gorilla 
weighing hundreds of pounds, and include more than 240 species. They 
come from Asia, Africa, and Central and South America, and they live in 
different habitats in nature. Some have been transported to the United 
States from their natural habitats and some have been raised in 
captivity in the United States. Their nutritional and activity 
requirements differ, as do their social and environmental requirements. 
As a result, the conditions appropriate for one species do not 
necessarily apply to another. Accordingly, these minimum specifications 
must be applied in accordance with the customary and generally accepted 
professional and husbandry practices considered appropriate for each 
species, and necessary to promote their psychological well-being.
    These minimum standards apply only to live nonhuman primates, unless 
stated otherwise.
---------------------------------------------------------------------------

    (b) Condition and site. Housing facilities and areas used for 
storing animal food or bedding must be free of any accumulation of 
trash, waste material, junk, weeds, and other discarded materials. 
Animal areas inside of housing facilities must be kept neat and free of 
clutter, including equipment, furniture, or stored material, but may 
contain materials actually used and necessary for cleaning the area, and 
fixtures and equipment necessary for proper husbandry practices and 
research needs. Housing facilities other than those maintained by 
research facilities and Federal research facilities must be physically 
separated from any other businesses. If a housing facility is located on 
the same premises as any other businesses, it must be physically 
separated from the other businesses so that animals the size of dogs, 
skunks, and raccoons, are prevented from entering it.
    (c) Surfaces--(1) General requirements. The surfaces of housing 
facilities--including perches, shelves, swings, boxes, houses, dens, and 
other furniture-type fixtures or objects within the facility--must be 
constructed in a manner and made of materials that allow them to be 
readily cleaned and sanitized, or removed or replaced when worn or 
soiled. Furniture-type fixtures or objects must be sturdily constructed 
and must be strong enough to provide for the safe activity and welfare 
of nonhuman primates. Floors may be made of dirt, absorbent bedding, 
sand, gravel, grass, or other similar material that can be readily 
cleaned, or can be removed or replaced whenever cleaning does not 
eliminate odors, diseases, pests, insects, or vermin. Any surfaces that 
come in contact with nonhuman primates must:
    (i) Be free of excessive rust that prevents the required cleaning 
and sanitization, or that affects the structural strength of the 
surface; and
    (ii) Be free of jagged edges or sharp points that might injure the 
animals.
    (2) Maintenance and replacement of surfaces. All surfaces must be 
maintained on a regular basis. Surfaces of housing facilities--including 
houses, dens, and other furniture-type fixtures and objects within the 
facility--that cannot be readily cleaned and sanitized, must be replaced 
when worn or soiled.
    (3) Cleaning. Hard surfaces with which nonhuman primates come in 
contact must be spot-cleaned daily and sanitized in accordance with 
Sec. 3.84 of this subpart to prevent accumulation of excreta or disease 
hazards. If the species scent mark, the surfaces must be sanitized or 
replaced at regular intervals as determined by the attending 
veterinarian in accordance with generally accepted professional and 
husbandry practices. Floors made of dirt, absorbent bedding, sand, 
gravel, grass, or other similar material, and planted enclosures must be 
raked or spot-cleaned with sufficient frequency to ensure all animals 
the freedom to avoid contact with excreta. Contaminated material must be 
removed or replaced whenever raking and spot cleaning does not eliminate 
odors, diseases, insects, pests, or vermin infestation. All other 
surfaces of housing facilities must be cleaned and sanitized when 
necessary to satisfy generally accepted husbandry standards and 
practices. Sanitization may be done by any of the methods provided in 
Sec. 3.84(b)(3) of this subpart for primary enclosures.
    (d) Water and electric power. The housing facility must have 
reliable electric power adequate for heating, cooling, ventilation, and 
lighting, and for carrying out other husbandry requirements in 
accordance with the regulations in this subpart. The housing facility 
must provide running potable water for the nonhuman primates' drinking 
needs. It must be adequate for cleaning and for carrying out other 
husbandry requirements.

[[Page 76]]

    (e) Storage. Supplies of food and bedding must be stored in a manner 
that protects the supplies from spoilage, contamination, and vermin 
infestation. The supplies must be stored off the floor and away from the 
walls, to allow cleaning underneath and around the supplies. Food 
requiring refrigeration must be stored accordingly, and all food must be 
stored in a manner that prevents contamination and deterioration of its 
nutritive value. Only the food and bedding currently being used may be 
kept in animal areas, and when not in actual use, open food and bedding 
supplies must be kept in leakproof containers with tightly fitting lids 
to prevent spoilage and contamination. Substances that are toxic to the 
nonhuman primates but that are required for normal husbandry practices 
must not be stored in food storage and preparation areas, but may be 
stored in cabinets in the animal areas.
    (f) Drainage and waste disposal. Housing facility operators must 
provide for regular and frequent collection, removal, and disposal of 
animal and food wastes, bedding, dead animals, debris, garbage, water, 
and any other fluids and wastes, in a manner that minimizes 
contamination and disease risk. Housing facilities must be equipped with 
disposal facilities and drainage systems that are constructed and 
operated so that animal wastes and water are rapidly eliminated and the 
animals stay dry. Disposal and drainage systems must minimize vermin and 
pest infestation, insects, odors, and disease hazards. All drains must 
be properly constructed, installed, and maintained. If closed drainage 
systems are used, they must be equipped with traps and prevent the 
backflow of gases and the backup of sewage onto the floor. If the 
facility uses sump ponds, settlement ponds, or other similar systems for 
drainage and animal waste disposal, the system must be located far 
enough away from the animal area of the housing facility to prevent 
odors, diseases, insects, pests, and vermin infestation. If drip or 
constant flow watering devices are used to provide water to the animals, 
excess water must be rapidly drained out of the animal areas by gutters 
or pipes so that the animals stay dry. Standing puddles of water in 
animal areas must be mopped up or drained so that the animals remain 
dry. Trash containers in housing facilities and in food storage and food 
preparation areas must be leakproof and must have tightly fitted lids on 
them at all times. Dead animals, animal parts, and animal waste must not 
be kept in food storage or food preparation areas, food freezers, food 
refrigerators, and animal areas.
    (g) Washrooms and sinks. Washing facilities, such as washrooms, 
basins, sinks, or showers must be provided for animal caretakers and 
must be readily accessible.



Sec. 3.76  Indoor housing facilities.

    (a) Heating, cooling, and temperature. Indoor housing facilities 
must be sufficiently heated and cooled when necessary to protect 
nonhuman primates from temperature extremes and to provide for their 
health and well-being. The ambient temperature in the facility must not 
fall below 45  deg.F (7.2  deg.C) for more than 4 consecutive hours when 
nonhuman primates are present, and must not rise above 85  deg.F (29.5 
deg.C) for more than 4 consecutive hours when nonhuman primates are 
present. The ambient temperature must be maintained at a level that 
ensures the health and well-being of the species housed, as directed by 
the attending veterinarian, in accordance with generally accepted 
professional and husbandry practices.
    (b) Ventilation. Indoor housing facilities must be sufficiently 
ventilated at all times when nonhuman primates are present to provide 
for their health and well-being and to minimize odors, drafts, ammonia 
levels, and moisture condensation. Ventilation must be provided by 
windows, doors, vents, fans, or air conditioning. Auxiliary ventilation, 
such as fans, blowers, or air conditioning, must be provided when the 
ambient temperature is 85  deg.F (29.5  deg.C) or higher. The relative 
humidity maintained must be at a level that ensures the health and well-
being of the animals housed, as directed by the attending veterinarian, 
in accordance with generally accepted professional and husbandry 
practices.
    (c) Lighting. Indoor housing facilities must be lighted well enough 
to permit

[[Page 77]]

routine inspection and cleaning of the facility, and observation of the 
nonhuman primates. Animal areas must be provided a regular diurnal 
lighting cycle of either natural or artificial light. Lighting must be 
uniformly diffused throughout animal facilities and provide sufficient 
illumination to aid in maintaining good housekeeping practices, adequate 
cleaning, adequate inspection of animals, and for the well-being of the 
animals. Primary enclosures must be placed in the housing facility so as 
to protect the nonhuman primates from excessive light.



Sec. 3.77  Sheltered housing facilities.

    (a) Heating, cooling, and temperature. The sheltered part of 
sheltered housing facilities must be sufficiently heated and cooled when 
necessary to protect the nonhuman primates from temperature extremes, 
and to provide for their health and well-being. The ambient temperature 
in the sheltered part of the facility must not fall below 45  deg.F (7.2 
 deg.C) for more than 4 consecutive hours when nonhuman primates are 
present, and must not rise above 85  deg.F (29.5  deg.C) for more than 4 
consecutive hours when nonhuman primates are present, unless 
temperatures above 85  deg.F (29.5  deg.C) are approved by the attending 
veterinarian, in accordance with generally accepted husbandry practices. 
The ambient temperature must be maintained at a level that ensures the 
health and well-being of the species housed, as directed by the 
attending veterinarian, in accordance with generally accepted 
professional and husbandry practices.
    (b) Ventilation. The sheltered part of sheltered animal facilities 
must be sufficiently ventilated at all times to provide for the health 
and well-being of nonhuman primates and to minimize odors, drafts, 
ammonia levels, and moisture condensation. Ventilation must be provided 
by windows, doors, vents, fans, or air conditioning. Auxiliary 
ventilation, such as fans, blowers, or air conditioning, must be 
provided when the ambient temperature is 85  deg.F (29.5  deg.C) or 
higher. The relative humidity maintained must be at a level that ensures 
the health and well-being of the species housed, as directed by the 
attending veterinarian, in accordance with generally accepted 
professional and husbandry practices.
    (c) Lighting. The sheltered part of sheltered housing facilities 
must be lighted well enough to permit routine inspection and cleaning of 
the facility, and observation of the nonhuman primates. Animal areas 
must be provided a regular diurnal lighting cycle of either natural or 
artificial light. Lighting must be uniformly diffused throughout animal 
facilities and provide sufficient illumination to aid in maintaining 
good housekeeping practices, adequate cleaning, adequate inspection of 
animals, and for the well-being of the animals. Primary enclosures must 
be placed in the housing facility so as to protect the nonhuman primates 
from excessive light.
    (d) Shelter from the elements. Sheltered housing facilities for 
nonhuman primates must provide adequate shelter from the elements at all 
times. They must provide protection from the sun, rain, snow, wind, and 
cold, and from any weather conditions that may occur.
    (e) Capacity: multiple shelters. Both the sheltered part of 
sheltered housing facilities and any other necessary shelter from the 
elements must be sufficiently large to provide protection comfortably to 
each nonhuman primate housed in the facility. If aggressive or dominant 
animals are housed in the facility with other animals, there must be 
multiple shelters or other means to ensure that each nonhuman primate 
has access to shelter.
    (f) Perimeter fence. On and after February 15, 1994, the outdoor 
area of a sheltered housing facility must be enclosed by a fence that is 
of sufficient height to keep unwanted species out. Fences less than 6 
feet high must be approved by the Administrator. The fence must be 
constructed so that it protects nonhuman primates by restricting 
unauthorized humans, and animals the size of dogs, skunks, and raccoons 
from going through it or under it and having contact with the nonhuman 
primates. It must be of sufficient distance from the outside wall or 
fence of the primary enclosure to prevent physical contact between 
animals inside the enclosure and outside the perimeter fence. Such 
fences less

[[Page 78]]

than 3 feet in distance from the primary enclosure must be approved by 
the Administrator. A perimeter fence is not required if:
    (1) The outside walls of the primary enclosure are made of a sturdy, 
durable material such as concrete, wood, plastic, metal, or glass, and 
are high enough and constructed in a manner that restricts contact with 
or entry by humans and animals that are outside the sheltered housing 
facility; or
    (2) The housing facility is surrounded by a natural barrier that 
restricts the nonhuman primates to the housing facility and protects 
them from contact with unauthorized humans and animals that are outside 
the sheltered housing facility, and the Administrator gives written 
permission
    (g) Public barriers. Fixed public exhibits housing nonhuman 
primates, such as zoos, must have a barrier between the primary 
enclosure and the public at any time the public is present, that 
restricts physical contact between the public and the nonhuman primates. 
Nonhuman primates used in trained animal acts or in uncaged public 
exhibits must be under the direct control and supervision of an 
experienced handler or trainer at all times when the public is present. 
Trained nonhuman primates may be permitted physical contact with the 
public, as allowed under Sec. 2.131, but only if they are under the 
direct control and supervision of an experienced handler or trainer at 
all times during the contact.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.78  0utdoor housing facilities.

    (a) Acclimation. Only nonhuman primates that are acclimated, as 
determined by the attending veterinarian, to the prevailing temperature 
and humidity at the outdoor housing facility during the time of year 
they are at the facility, and that can tolerate the range of 
temperatures and climatic conditions known to occur at the facility at 
that time of year without stress or discomfort, may be kept in outdoor 
facilities.
    (b) Shelter from the elements. Outdoor housing facilities for 
nonhuman primates must provide adequate shelter from the elements at all 
times. It must provide protection from the sun, rain, snow, wind, and 
cold, and from any weather conditions that may occur. The shelter must 
safely provide heat to the nonhuman primates to prevent the ambient 
temperature from falling below 45  deg.F (7.2  deg.C), except as 
directed by the attending veterinarian and in accordance with generally 
accepted professional and husbandry practices.
    (c) Capacity: multiple shelters. The shelter must be sufficiently 
large to comfortably provide protection for each nonhuman primate housed 
in the facility. If aggressive or dominant animals are housed in the 
facility with other animals there must be multiple shelters, or other 
means to ensure protection for each nonhuman primate housed in the 
facility.
    (d) Perimeter fence. On and after February 15, 1994, an outdoor 
housing facility must be enclosed by a fence that is of sufficient 
height to keep unwanted species out. Fences less than 6 feet high must 
be approved by the Administrator. The fence must be constructed so that 
it protects nonhuman primates by restricting unauthorized humans, and 
animals the size of dogs, skunks, and raccoons from going through it or 
under it and having contact with the nonhuman primates. It must be of 
sufficient distance from the outside wall or fence of the primary 
enclosure to prevent physical contact between animals inside the 
enclosure and outside the perimeter fence. Such fences less than 3 feet 
in distance from the primary enclosure must be approved by the 
Administrator. A perimeter fence is not required if:
    (1) The outside walls of the primary enclosure are made of a sturdy, 
durable material such as concrete, wood, plastic, metal, or glass, and 
are high enough and constructed in a manner that restricts contact with 
or entry by humans and animals that are outside the housing facility; or
    (2) The housing facility is surrounded by a natural barrier that 
restricts the nonhuman primates to the housing facility and protects 
them from contact with unauthorized humans and animals that are outside 
the housing facility, and the Administrator gives written permission.

[[Page 79]]

    (e) Public barriers. Fixed public exhibits housing nonhuman 
primates, such as zoos, must have a barrier between the primary 
enclosure and the public at any time the public is present, in order to 
restrict physical contact between the public and the nonhuman primates. 
Nonhuman primates used in trained animal acts or in uncaged public 
exhibits must be under the direct control and supervision of an 
experienced handler or trainer at all times when the public is present. 
Trained nonhuman primates may be allowed physical contact with the 
public, but only if they are under the direct control and supervision of 
an experienced handler or trainer at all times during the contact.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.79  Mobile or traveling housing facilities.

    (a) Heating, cooling, and temperature. Mobile or traveling housing 
facilities must be sufficiently heated and cooled when necessary to 
protect nonhuman primates from temperature extremes and to provide for 
their health and well-being. The ambient temperature in the traveling 
housing facility must not fall below 45  deg.F (7.2  deg.C) for more 
than 4 consecutive hours when nonhuman primates are present, and must 
not rise above 85  deg.F (29.5  deg.C) for more than 4 consecutive hours 
when nonhuman primates are present. The ambient temperature must be 
maintained at a level that ensures the health and well-being of the 
species housed, as directed by the attending veterinarian, and in 
accordance with generally accepted professional and husbandry practices.
    (b) Ventilation. Traveling housing facilities must be sufficiently 
ventilated at all times when nonhuman primates are present to provide 
for the health and well-being of nonhuman primates and to minimize 
odors, drafts, ammonia levels, moisture condensation, and exhaust fumes. 
Ventilation must be provided by means of windows, doors, vents, fans, or 
air conditioning. Auxiliary ventilation, such as fans, blowers, or air 
conditioning, must be provided when the ambient temperature in the 
traveling housing facility is 85  deg.F (29.5  deg.C) or higher.
    (c) Lighting. Mobile or traveling housing facilities must be lighted 
well enough to permit routine inspection and cleaning of the facility, 
and observation of the nonhuman primates. Animal areas must be provided 
a regular diurnal lighting cycle of either natural or artificial light. 
Lighting must be uniformly diffused throughout animal facilities and 
provide sufficient illumination to aid in maintaining good housekeeping 
practices, adequate cleaning, adequate inspection of animals, and for 
the well-being of the animals. Primary enclosures must be placed in the 
housing facility so as to protect the nonhuman primates from excessive 
light.
    (d) Public barriers. There must be a barrier between a mobile or 
traveling housing facility and the public at any time the public is 
present, in order to restrict physical contact between the nonhuman 
primates and the public. Nonhuman primates used in traveling exhibits, 
trained animal acts, or in uncaged public exhibits must be under the 
direct control and supervision of an experienced handler or trainer at 
all times when the public is present. Trained nonhuman primates may be 
allowed physical contact with the public, but only if they are under the 
direct control and supervision of an experienced handler or trainer at 
all times during the contact.



Sec. 3.80  Primary enclosures.

    Primary enclosures for nonhuman primates must meet the following 
minimum requirements:
    (a) General requirements. (1) Primary enclosures must be designed 
and constructed of suitable materials so that they are structurally 
sound for the species of nonhuman primates contained in them. They must 
be kept in good repair.
    (2) Primary enclosures must be constructed and maintained so that 
they:
    (i) Have no sharp points or edges that could injure the nonhuman 
primates;
    (ii) Protect the nonhuman primates from injury;

[[Page 80]]

    (iii) Contain the nonhuman primates securely and prevent accidental 
opening of the enclosure, including opening by the animal;
    (iv) Keep other unwanted animals from entering the enclosure or 
having physical contact with the nonhuman primates;
    (v) Enable the nonhuman primates to remain dry and clean;
    (vi) Provide shelter and protection from extreme temperatures and 
weather conditions that may be uncomfortable or hazardous to the species 
of nonhuman primate contained;
    (vii) Provide sufficient shade to shelter all the nonhuman primates 
housed in the primary enclosure at one time;
    (viii) Provide the nonhuman primates with easy and convenient access 
to clean food and water;
    (ix) Enable all surfaces in contact with nonhuman primates to be 
readily cleaned and sanitized in accordance with Sec. 3.84(b)(3) of this 
subpart, or replaced when worn or soiled;
    (x) Have floors that are constructed in a manner that protects the 
nonhuman primates from injuring themselves; and
    (xi) Provide sufficient space for the nonhuman primates to make 
normal postural adjustments with freedom of movement.
    (b) Minimum space requirements. Primary enclosures must meet the 
minimum space requirements provided in this subpart. These minimum space 
requirements must be met even if perches, ledges, swings, or other 
suspended fixtures are placed in the enclosure. Low perches and ledges 
that do not allow the space underneath them to be comfortably occupied 
by the animal will be counted as part of the floor space.
    (1) Prior to February 15, 1994:
    (i) Primary enclosures must be constructed and maintained so as to 
provide sufficient space to allow each nonhuman primate to make normal 
postural adjustments with adequate freedom of movement; and
    (ii) Each nonhuman primate housed in a primary enclosure must be 
provided with a minimum floor space equal to an area at least three 
times the area occupied by the primate when standing on four feet.
    (2) On and after February 15, 1994:
    (i) The minimum space that must be provided to each nonhuman 
primate, whether housed individually or with other nonhuman primates, 
will be determined by the typical weight of animals of its species, 
except for brachiating species and great apes\3\ and will be calculated 
by using the following table: \4\
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    \3\ The different species of nonhuman primates are divided into six 
weight groups for determining minimum space requirements, except that 
all brachiating species of any weight are grouped together since they 
require additional space to engage in species-typical behavior. The 
grouping provided is based upon the typical weight for various species 
and not on changes associated with obesity, aging, or pregnancy. These 
conditions will not be considered in determining a nonhuman primate's 
weight group unless the animal is obviously unable to make normal 
postural adjustments and movements within the primary enclosure. 
Different species of prosimians vary in weight and should be grouped 
with their appropriate weight group. They have not been included in the 
weight table since different species typically fall into different 
weight groups. Infants and juveniles of certain species are 
substantially lower in weight than adults of those species and require 
the minimum space requirements of lighter weight species, unless the 
animal is obviously unable to make normal postural adjustments and 
movements within the primary enclosure.

    \4\ Examples of the kinds of nonhuman primates typically included in 
each age group are:
    Group 1--marmosets, tamarins, and infants (less than 6 months of 
age) of various species.
    Group 2--capuchins, squirrel monkeys and similar size species, and 
juveniles (6 months to 3 years of age) of various species.
    Group 3--macaques and African species.
    Group 4--male macaques and large African species.
    Group 5--baboons and nonbrachiating species larger than 33.0 lbs. 
(15 kg.).
    Group 6--great apes over 55.0 lbs. (25 kg.), except as provided in 
paragraph (b)(2)(ii) of this section, and brachiating species.

[[Page 81]]



                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 Weight                   Floor area/animal         Height      
             Group              --------------------------------------------------------------------------------
                                        lbs.               (kg.)          ft.\2\    (m \2\)    in.      (cm.)   
----------------------------------------------------------------------------------------------------------------
1..............................  under 2.2.........  (under 1)........        1.6     (0.15)     20       (50.8)
2..............................  2.2-6.6...........  (1-3)............        3.0     (0.28)     30       (76.2)
3..............................  6.6-22.0..........  (3-10)...........        4.3     (0.40)     30       (76.2)
4..............................  22.0-33.0.........  (10-15)..........        6.0     (0.56)     32      (81.28)
5..............................  33.0-55.0.........  (15-25)..........        8.0     (0.74)     36      (91.44)
6..............................  over 55.0.........  (over 25)........       25.1     (2.33)     84     (213.36)
----------------------------------------------------------------------------------------------------------------

    (ii) Dealers. exhibitors, and research facilities, including Federal 
research facilities, must provide great apes weighing over 110 lbs. (50 
kg) an additional volume of space in excess of that required for Group 6 
animals as set forth in paragraph (b)(2)(i) of this section, to allow 
for normal postural adjustments.
    (iii) In the case of research facilities, any exemption from these 
standards must be required by a research proposal or in the judgment of 
the attending veterinarian and must be approved by the Committee. In the 
case of dealers and exhibitors, any exemption from these standards must 
be required in the judgment of the attending veterinarian and approved 
by the Administrator.
    (iv) When more than one nonhuman primate is housed in a primary 
enclosure, the minimum space requirement for the enclosure is the sum of 
the minimum floor area space required for each individual nonhuman 
primate in the table in paragraph (b)(2)(i) of this section, and the 
minimum height requirement for the largest nonhuman primate housed in 
the enclosure. Provided however, that mothers with infants less than 6 
months of age may be maintained together in primary enclosures that meet 
the floor area space and height requirements of the mother.
    (c) Innovative primary enclosures not precisely meeting the floor 
area and height requirements provided in paragraphs (b)(1) and (b)(2) of 
this section, but that do provide nonhuman primates with a sufficient 
volume of space and the opportunity to express species-typical behavior, 
may be used at research facilities when approved by the Committee, and 
by dealers and exhibitors when approved by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.81  Environment enhancement to promote psychological well-being.

    Dealers, exhibitors, and research facilities must develop, document, 
and follow an appropriate plan for environment enhancement adequate to 
promote the psychological well-being of nonhuman primates. The plan must 
be in accordance with the currently accepted professional standards as 
cited in appropriate professional journals or reference guides, and as 
directed by the attending veterinarian. This plan must be made available 
to APHIS upon request, and, in the case of research facilities, to 
officials of any pertinent funding agency. The plan, at a minimum, must 
address each of the following:
    (a) Social grouping. The environment enhancement plan must include 
specific provisions to address the social needs of nonhuman primates of 
species known to exist in social groups in nature. Such specific 
provisions must be in accordance with currently accepted professional 
standards, as cited in appropriate professional journals or reference 
guides, and as directed by the attending veterinarian. The plan may 
provide for the following exceptions:
    (1) If a nonhuman primate exhibits vicious or overly aggressive 
behavior, or is debilitated as a result of age or other conditions 
(e.g., arthritis), it should be housed separately;
    (2) Nonhuman primates that have or are suspected of having a 
contagious disease must be isolated from healthy animals in the colony 
as directed by the attending veterinarian. When an entire group or room 
of nonhuman primates is known to have or believed to be exposed to an 
infectious agent, the group may be kept intact during the process of 
diagnosis, treatment, and control.
    (3) Nonhuman primates may not be housed with other species of 
primates

[[Page 82]]

or animals unless they are compatible, do not prevent access to food, 
water, or shelter by individual animals. and are not known to be 
hazardous to the health and well-being of each other. Compatibility of 
nonhuman primates must be determined in accordance with generally 
accepted professional practices and actual observations, as directed by 
the attending veterinarian, to ensure that the nonhuman primates are in 
fact compatible. Individually housed nonhuman primates must be able to 
see and hear nonhuman primates of their own or compatible species unless 
the attending veterinarian determines that it would endanger their 
health, safety, or well-being.
    (b) Environmental enrichment. The physical environment in the 
primary enclosures must be enriched by providing means of expressing 
noninjurious species-typical activities. Species differences should be 
considered when determining the type or methods of enrichment. Examples 
of environmental enrichments include providing perches, swings, mirrors, 
and other increased cage complexities; providing objects to manipulate; 
varied food items; using foraging or task-oriented feeding methods; and 
providing interaction with the care giver or other familiar and 
knowledgeable person consistent with personnel safety precautions.
    (c) Special considerations. Certain nonhuman primates must be 
provided special attention regarding enhancement of their environment, 
based on the needs of the individual species and in accordance with the 
instructions of the attending veterinarian. Nonhuman primates requiring 
special attention are the following:
    (1) Infants and young juveniles;
    (2) Those that show signs of being in psychological distress through 
behavior or appearance;
    (3) Those used in research for which the Committee-approved protocol 
requires restricted activity;
    (4) Individually housed nonhuman primates that are unable to see and 
hear nonhuman primates of their own or compatible species; and
    (5) Great apes weighing over 110 lbs. (50 kg). Dealers, exhibitors, 
and research facilities must include in the environment enhancement plan 
special provisions for great apes weighing over 110 lbs. (50 kg), 
including additional opportunities to express species-typical behavior.
    (d) Restraint devices. Nonhuman primates must not be maintained in 
restraint devices unless required for health reasons as determined by 
the attending veterinarian or by a research proposal approved by the 
Committee at research facilities. Maintenance under such restraint must 
be for the shortest period possible. In instances where long-term (more 
than 12 hours) restraint is required, the nonhuman primate must be 
provided the opportunity daily for unrestrained activity for at least 
one continuous hour during the period of restraint, unless continuous 
restraint is required by the research proposal approved by the Committee 
at research facilities.
    (e) Exemptions. (1) The attending veterinarian may exempt an 
individual nonhuman primate from participation in the environment 
enhancement plan because of its health or condition, or in consideration 
of its well-being. The basis of the exemption must be recorded by the 
attending veterinarian for each exempted nonhuman primate. Unless the 
basis for the exemption is a permanent condition, the exemption must be 
reviewed at least every 30 days by the attending veterinarian.
    (2) For a research facility, the Committee may exempt an individual 
nonhuman primate from participation in some or all of the otherwise 
required environment enhancement plans for scientific reasons set forth 
in the research proposal. The basis of the exemption shall be documented 
in the approved proposal and must be reviewed at appropriate intervals 
as determined by the Committee, but not less than annually.
    (3) Records of any exemptions must be maintained by the dealer, 
exhibitor, or research facility and must be made available to USDA 
officials or officials of any pertinent funding Federal agency upon 
request.

(Approved by the Office of Management and Budget under control number 
0579-0093)


[[Page 83]]



                  Animal Health and Husbandry Standards



Sec. 3.82  Feeding.

    (a) The diet for nonhuman primates must be appropriate for the 
species, size, age, and condition of the animal, and for the conditions 
in which the nonhuman primate is maintained, according to generally 
accepted professional and husbandry practices and nutritional standards. 
The food must be clean, wholesome, and palatable to the animals. It must 
be of sufficient quantity and have sufficient nutritive value to 
maintain a healthful condition and weight range of the animal and to 
meet its normal daily nutritional requirements.
    (b) Nonhuman primates must be fed at least once each day except as 
otherwise might be required to provide adequate veterinary care. Infant 
and juvenile nonhuman primates must be fed as often as necessary in 
accordance with generally accepted professional and husbandry practices 
and nutritional standards, based upon the animals' age and condition.
    (c) Food and food receptacles, if used, must be readily accessible 
to all the nonhuman primates being fed. If members of dominant nonhuman 
primate or other species are fed together with other nonhuman primates, 
multiple feeding sites must be provided. The animals must be observed to 
determine that all receive a sufficient quantity of food.
    (d) Food and food receptacles, if used, must be located so as to 
minimize any risk of contamination by excreta and pests. Food 
receptacles must be kept clean and must be sanitized in accordance with 
the procedures listed in Sec. 3.84(b)(3) of this subpart at least once 
every 2 weeks. Used food receptacles must be sanitized before they can 
be used to provide food to a different nonhuman primate or social 
grouping of nonhuman primates. Measures must be taken to ensure there is 
no molding, deterioration, contamination, or caking or wetting of food 
placed in self-feeders.



Sec. 3.83  Watering.

    Potable water must be provided in sufficient quantity to every 
nonhuman primate housed at the facility. If potable water is not 
continually available to the nonhuman primates, it must be offered to 
them as often as necessary to ensure their health and well-being, but no 
less than twice daily for at least l hour each time, unless otherwise 
required by the attending veterinarian, or as required by the research 
proposal approved by the Committee at research facilities. Water 
receptacles must be kept clean and sanitized in accordance with methods 
provided in Sec. 3.84(b)(3) of this subpart at least once every 2 weeks 
or as often as necessary to keep them clean and free from contamination. 
Used water receptacles must be sanitized before they can be used to 
provide water to a different nonhuman primate or social grouping of 
nonhuman primates.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.84  Cleaning, sanitization, housekeeping, and pest control.

    (a) Cleaning of primary enclosures. Excreta and food waste must be 
removed from inside each indoor primary enclosure daily and from 
underneath them as often as necessary to prevent an excessive 
accumulation of feces and food waste, to prevent the nonhuman primates 
from becoming soiled, and to reduce disease hazards, insects, pests, and 
odors. Dirt floors, floors with absorbent bedding, and planted areas in 
primary enclosures must be spot-cleaned with sufficient frequency to 
ensure all animals the freedom to avoid contact with excreta, or as 
often as necessary to reduce disease hazards, insects, pests, and odors. 
When steam or water is used to clean the primary enclosure, whether by 
hosing, flushing, or other methods, nonhuman primates must be removed, 
unless the enclosure is large enough to ensure the animals will not be 
harmed, wetted, or distressed in the process. Perches, bars, and shelves 
must be kept clean and replaced when worn. If the species of the 
nonhuman primates housed in the primary enclosure engages in scent 
marking, hard surfaces in the primary enclosure must be spot-cleaned 
daily.
    (b) Sanitization of primary enclosures and food and water 
receptacles.

[[Page 84]]

    (1) A used primary enclosure must be sanitized in accordance with 
this section before it can be used to house another nonhuman primate or 
group of nonhuman primates.
    (2) Indoor primary enclosures must be sanitized at least once every 
2 weeks and as often as necessary to prevent an excessive accumulation 
of dirt, debris, waste, food waste, excreta, or disease hazard, using 
one of the methods prescribed in paragraph (b)(3) of this section. 
However, if the species of nonhuman primates housed in the primary 
enclosure engages in scent marking, the primary enclosure must be 
sanitized at regular intervals determined in accordance with generally 
accepted professional and husbandry practices.
    (3) Hard surfaces of primary enclosures and food and water 
receptacles must be sanitized using one of the following methods:
    (i) Live steam under pressure;
    (ii) Washing with hot water (at least 180  deg.F (82.2  deg.C)) and 
soap or detergent, such as in a mechanical cage washer;
    (iii) Washing all soiled surfaces with appropriate detergent 
solutions or disinfectants, or by using a combination detergent/
disinfectant product that accomplishes the same purpose, with a thorough 
cleaning of the surfaces to remove organic material, so as to remove all 
organic material and mineral buildup, and to provide sanitization 
followed by a clean water rinse.
    (4) Primary enclosures containing material that cannot be sanitized 
using the methods provided in paragraph (b)(3) of this section, such as 
sand, gravel, dirt, absorbent bedding, grass, or planted areas, must be 
sanitized by removing the contaminated material as necessary to prevent 
odors, diseases, pests, insects, and vermin infestation.
    (c) Housekeeping for premises. Premises where housing facilities are 
located, including buildings and surrounding grounds, must be kept clean 
and in good repair in order to protect the nonhuman primates from 
injury, to facilitate the husbandry practices required in this subpart, 
and to reduce or eliminate breeding and living areas for rodents, pests, 
and vermin. Premises must be kept free of accumulations of trash, junk, 
waste, and discarded matter. Weeds, grass, and bushes must be controlled 
so as to facilitate cleaning of the premises and pest control.
    (d) Pest control. An effective program for control of insects, 
external parasites affecting nonhuman primates, and birds and mammals 
that are pests, must be established and maintained so as to promote the 
health and well-being of the animals and reduce contamination by pests 
in animal areas.



Sec. 3.85  Employees.

    Every person subject to the Animal Welfare regulations (9 CFR parts 
1, 2, and 3) maintaining nonhuman primates must have enough employees to 
carry out the level of husbandry practices and care required in this 
subpart. The employees who provide husbandry practices and care, or 
handle nonhuman primates, must be trained and supervised by an 
individual who has the knowledge, background, and experience in proper 
husbandry and care of nonhuman primates to supervise others. The 
employer must be certain that the supervisor can perform to these 
standards.

                        Transportation Standards



Sec. 3.86  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers must not accept a nonhuman 
primate for transport in commerce more than 4 hours before the scheduled 
departure time of the primary conveyance on which the animal is to be 
transported. However, a carrier or intermediate handler may agree with 
anyone consigning a nonhuman primate to extend this time by up to 2 
hours.
    (b) Carriers and intermediate handlers must not accept a nonhuman 
primate for transport in commerce unless they are provided with the 
name, address, telephone number, and telex number, if applicable, of the 
consignee.
    (c) Carriers and intermediate handlers must not accept a nonhuman 
primate for transport in commerce unless the consignor certifies in 
writing to the carrier or intermediate handler that the nonhuman primate 
was offered food and water during the 4 hours

[[Page 85]]

before delivery to the carrier or intermediate handler. The 
certification must be securely attached to the outside of the primary 
enclosure in a manner that makes it easily noticed and read. 
Instructions for no food or water are not acceptable unless directed by 
the attending veterinarian. Instructions must be in compliance with 
Sec. 3.89 of this subpart. The certification must include the following 
information for each nonhuman primate:
    (1) The consignor's name and address;
    (2) The species of nonhuman primate;
    (3) The time and date the animal was last fed and watered and the 
specific instructions for the next feeding(s) and watering(s) for a 24-
hour period; and
    (4) The consignor's signature and the date and time the 
certification was signed.
    (d) Carriers and intermediate handlers must not accept a nonhuman 
primate for transport in commerce unless the primary enclosure meets the 
requirements of Sec. 3.87 of this subpart. A carrier or intermediate 
handler must not accept a nonhuman primate for transport if the primary 
enclosure is obviously defective or damaged and cannot reasonably be 
expected to safely and comfortably contain the nonhuman primate without 
suffering or injury.
    (e) Carriers and intermediate handlers must not accept a nonhuman 
primate for transport in commerce unless their animal holding area 
facilities meet the minimum temperature requirements provided in 
Secs. 3.91 and 3.92 of this subpart, or unless the consignor provides 
them with a certificate signed by a veterinarian and dated no more than 
10 days before delivery of the animal to the carrier or intermediate 
handler for transport in commerce, certifying that the animal is 
acclimated to temperatures lower than those that are required in 
Secs. 3.91 and 3.92 of this subpart. Even if the carrier or intermediate 
handler receives this certification, the temperatures the nonhuman 
primate is exposed to while in the carrier's or intermediate handler's 
custody must not be lower than the minimum temperature specified by the 
veterinarian in accordance with paragraph (e)(4) of this section, and 
must be reasonably within the generally and professionally accepted 
temperature range for the nonhuman primate, as determined by the 
veterinarian, considering its age, condition, and species. A copy of the 
certification must accompany the nonhuman primate to its destination and 
must include the following information for each primary enclosure:
    (1) The consignor's name and address;
    (2) The number of nonhuman primates contained in the primary 
enclosure;
    (3) The species of nonhuman primate contained in the primary 
enclosure;
    (4) A statement by a veterinarian that to the best of his or her 
knowledge, each of the nonhuman primates contained in the primary 
enclosure is acclimated to air temperatures lower than 50  deg.F (10 
deg.C), but not lower than a minimum temperature specified on the 
certificate based on the generally and professionally accepted 
temperature range for the nonhuman primate, considering its age, 
condition, and species; and
    (5) The veterinarian's signature and the date the certification was 
signed.
    (f) When a primary enclosure containing a nonhuman primate has 
arrived at the animal holding area of a terminal facility after 
transport, the carrier or intermediate handler must attempt to notify 
the consignee upon arrival and at least once in every 6-hour period 
after arrival. The time, date, and method of all attempted notifications 
and the actual notification of the consignee, and the name of the person 
who notifies or attempts to notify the consignee must be written either 
on the carrier's or intermediate handler's copy of the shipping document 
or on the copy that accompanies the primary enclosure. If the consignee 
cannot be notified within 24 hours after the nonhuman primate has 
arrived at the terminal facility, the carrier or intermediate handler 
must return the animal to the consignor or to whomever the consignor 
designates. If the consignee is notified of the arrival and does not 
take physical delivery of the nonhuman primate within 48 hours after 
arrival of the nonhuman primate, the carrier or intermediate handler 
must return the animal to the consignor or to whomever the consignor 
designates. The carrier or intermediate

[[Page 86]]

handler must continue to provide proper care, feeding, and housing to 
the nonhuman primate, and maintain the nonhuman primate in accordance 
with generally accepted professional and husbandry practices until the 
consignee accepts delivery of the nonhuman primate or until it is 
returned to the consignor or to whomever the consignor designates. The 
carrier or intermediate handler must obligate the consignor to reimburse 
the carrier or intermediate handler for the cost of return 
transportation and care.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.87  Primary enclosures used to transport nonhuman primates.

    Any person subject to the Animal Welfare regulations (9 CFR parts 1, 
2, and 3) must not transport or deliver for transport in commerce a 
nonhuman primate unless it is contained in a primary enclosure, such as 
a compartment, transport cage, carton, or crate, and the following 
requirements are met:
    (a) Construction of primary enclosures. Primary enclosures used to 
transport nonhuman primates may be connected or attached to each other 
and must be constructed so that:
    (1) The primary enclosure is strong enough to contain the nonhuman 
primate securely and comfortably and to withstand the normal rigors of 
transportation;
    (2) The interior of the enclosure has no sharp points or edges and 
no protrusions that could injure the animal contained in it;
    (3) The nonhuman primate is at all times securely contained within 
the enclosure and cannot put any part of its body outside the enclosure 
in a way that could result in injury to the animal, or to persons or 
animals nearby;
    (4) The nonhuman primate can be easily and quickly removed from the 
enclosure in an emergency;
    (5) The doors or other closures that provide access into the 
enclosure are secured with animal-proof devices that prevent accidental 
opening of the enclosure, including opening by the nonhuman primate;
    (6) Unless the enclosure is permanently affixed to the conveyance, 
adequate devices such as handles or handholds are provided on its 
exterior, and enable the enclosure to be lifted without tilting it, and 
ensure that anyone handling the enclosure will not come into physical 
contact with the animal contained inside;
    (7) Any material, treatment, paint, preservative, or other chemical 
used in or on the enclosure is nontoxic to the animal and not harmful to 
the health or well-being of the animal;
    (8) Proper ventilation is provided to the nonhuman primate in 
accordance with paragraph (c) of this section;
    (9) Ventilation openings are covered with bars, wire mesh, or smooth 
expanded metal having air spaces; and
    (10) The primary enclosure has a solid, leak-proof bottom, or a 
removable, leak-proof collection tray under a slatted or wire mesh floor 
that prevents seepage of waste products, such as excreta and body 
fluids, outside of the enclosure. If a slatted or wire mesh floor is 
used in the enclosure, it must be designed and constructed so that the 
animal cannot put any part of its body between the slats or through the 
holes in the mesh. It must contain enough previously unused litter to 
absorb and cover excreta. The litter must be of a suitably absorbent 
material that is safe and nontoxic to the nonhuman primate and is 
appropriate for the species transported in the primary enclosure.
    (b) Cleaning of primary enclosures. A primary enclosure used to hold 
or transport nonhuman primates in commerce must be cleaned and sanitized 
before each use in accordance with the methods provided in 
Sec. 3.84(b)(3) of this subpart.
    (c) Ventilation. (1) If the primary enclosure is movable, 
ventilation openings must be constructed in one of the following ways:
    (i) If ventilation openings are located on two opposite walls of the 
primary enclosure, the openings on each wall must be at least 16 percent 
of the total surface area of each such wall and be located above the 
midline of the enclosure; or
    (ii) If ventilation openings are located on all four walls of the 
primary enclosure, the openings on every wall

[[Page 87]]

must be at least 8 percent of the total surface area of each such wall 
and be located above the midline of the enclosure.
    (2) Unless the primary enclosure is permanently affixed to the 
conveyance, projecting rims or similar devices must be located on the 
exterior of each enclosure wall having a ventilation opening, in order 
to prevent obstruction of the openings. The projecting rims or similar 
devices must be large enough to provide a minimum air circulation space 
of 0.75 inches (1.9 centimeters) between the primary enclosure and 
anything the enclosure is placed against.
    (3) If a primary enclosure is permanently affixed to the primary 
conveyance so that there is only a front ventilation opening for the 
enclosure, the primary enclosure must be affixed to the primary 
conveyance in such a way that the front ventilation opening cannot be 
blocked, and the front ventilation opening must open directly to an 
unobstructed aisle or passageway inside of the conveyance. The 
ventilation opening must be at least 90 percent of the total area of the 
front wall of the enclosure, and must be covered with bars, wire mesh, 
or smooth expanded metal having air spaces.
    (d) Compatibility. (1) Only one live nonhuman primate may be 
transported in a primary enclosure, except as follows:
    (i) A mother and her nursing infant may be transported together;
    (ii) An established male-female pair or family group may be 
transported together, except that a female in estrus must not be 
transported with a male nonhuman primate;
    (iii) A compatible pair of juveniles of the same species that have 
not reached puberty may be transported together.
    (2) Nonhuman primates of different species must not be transported 
in adjacent or connecting primary enclosures.
    (e) Space requirements. Primary enclosures used to transport 
nonhuman primates must be large enough so that each animal contained in 
the primary enclosure has enough space to turn around freely in a normal 
manner and to sit in an upright, hands down position without its head 
touching the top of the enclosure. However, certain larger species may 
be restricted in their movements, in accordance with professionally 
accepted standards of care, when greater freedom of movement would be 
dangerous to the animal, its handler, or to other persons.
    (f) Marking and labeling. Primary enclosures, other than those that 
are permanently affixed to a conveyance, must be clearly marked in 
English on the top and on one or more sides with the words ``Wild 
Animals,'' or ``Live Animals,'' in letters at least 1 inch (2.5 cm.) 
high, and with arrows or other markings to indicate the correct upright 
position of the primary enclosure. Permanently affixed primary 
enclosures must be clearly marked in English with the words ``Wild 
Animals'' or ``Live Animals,'' in the same manner.
    (g) Accompanying documents and records. Shipping documents that must 
accompany shipments of nonhuman primates may be held by the operator of 
the primary conveyance, for surface transportation only, or must be 
securely attached in a readily accessible manner to the outside of any 
primary enclosure that is part of the shipment, in a manner that allows 
them to be detached for examination and securely reattached, such as in 
a pocket or sleeve. Instructions for administration of drugs, 
medication, and other special care must be attached to each primary 
enclosure in a manner that makes them easy to notice, to detach for 
examination, and to reattach securely. Food and water instructions must 
be attached in accordance with Sec. 3.86(c) of this subpart.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.88  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used to transport 
nonhuman primates must be designed, constructed, and maintained in a 
manner that at all times protects the health and well-being of the 
animals transported in it, ensures their safety and comfort, and 
prevents the entry of engine exhaust from the primary conveyance during 
transportation.

[[Page 88]]

    (b) The animal cargo space must have a supply of air that is 
sufficient for the normal breathing of all the animals being transported 
in it.
    (c) Each primary enclosure containing nonhuman primates must be 
positioned in the animal cargo space in a manner that provides 
protection from the elements and that allows each nonhuman primate 
enough air for normal breathing.
    (d) During air transportation, the ambient temperature inside a 
primary conveyance used to transport nonhuman primates must be 
maintained at a level that ensures the health and well-being of the 
species housed, in accordance with generally accepted professional and 
husbandry practices, at all times a nonhuman primate is present.
    (e) During surface transportation, the ambient temperature inside a 
primary conveyance used to transport nonhuman primates must be 
maintained between 45  deg.F (7.2  deg.C) and 85  deg.F (30  deg.C) at 
all times a nonhuman primate is present.
    (f) A primary enclosure containing a nonhuman primate must be placed 
far enough away from animals that are predators or natural enemies of 
nonhuman primates, whether the other animals are in primary enclosures 
or not, so that the nonhuman primate cannot touch or see the other 
animals.
    (g) Primary enclosures must be positioned in the primary conveyance 
in a manner that allows the nonhuman primates to be quickly and easily 
removed from the primary conveyance in an emergency.
    (h) The interior of the animal cargo space must be kept clean
    (i) Nonhuman primates must not be transported with any material, 
substance (e.g., dry ice), or device in a manner that may reasonably be 
expected to harm the nonhuman primates or cause inhumane conditions.



Sec. 3.89  Food and water requirements.

    (a) Each nonhuman primate that is 1 year of age or more must be 
offered food \5\ at least once every 24 hours. Each nonhuman primate 
that is less than 1 year of age must be offered food at least once every 
12 hours. Each nonhuman primate must be offered potable water at least 
once every 12 hours. These time periods apply to dealers, exhibitors, 
and research facilities, including Federal research facilities, who 
transport nonhuman primates in their own primary conveyances, starting 
from the time the nonhuman primate was last offered food and potable 
water before transportation was begun. These time periods apply to 
carriers and intermediate handlers starting from the date and time 
stated on the certification provided under Sec. 3.86(c) of this subpart. 
Each nonhuman primate must be offered food and potable water within 4 
hours before being transported in commerce. Consignors who are subject 
to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) must certify 
that each nonhuman primate was offered food and potable water within the 
4 hours preceding delivery of the nonhuman primate to a carrier or 
intermediate handler for transportation in commerce, and must certify 
the date and time the food and potable water was offered, in accordance 
with Sec. 3.86(c) of this subpart.
---------------------------------------------------------------------------


    \5\ Proper food for purposes of this section is described in 
Sec. 3.82 of this subpart, with the necessities and circumstances of the 
mode of travel taken into account.
---------------------------------------------------------------------------

    (b) Any dealer, exhibitor, or research facility, including a Federal 
research facility, offering a nonhuman primate to a carrier or 
intermediate handler for transportation in commerce must securely attach 
to the outside of the primary enclosure used for transporting the 
nonhuman primate, written instructions for a 24-hour period for the in-
transit food and water requirements of the nonhuman primate(s) contained 
in the enclosure. The instructions must be attached in a manner that 
makes them easily noticed and read.
    (c) Food and water receptacles must be securely attached inside the 
primary enclosure and placed so that the receptacles can be filled from 
outside of the enclosure without opening the door. Food and water 
receptacles must be designed, constructed, and installed so that a 
nonhuman primate cannot

[[Page 89]]

leave the primary enclosure through the food or water opening.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Sec. 3.90  Care in transit.

    (a) Surface transportation (ground and water). Any person subject to 
the Animal Welfare regulations (9 CFR parts 1, 2, and 3) transporting 
nonhuman primates in commerce must ensure that the operator of the 
conveyance or a person accompanying the operator of the conveyance 
observes the nonhuman primates as often as circumstances allow, but not 
less than once every 4 hours, to make sure that they have sufficient air 
for normal breathing, that the ambient temperature is within the limits 
provided in Sec. 3.88(d) of this subpart, and that all other applicable 
standards of this subpart are being complied with. The regulated person 
transporting the nonhuman primates must ensure that the operator or the 
person accompanying the operator determines whether any of the nonhuman 
primates are in obvious physical distress, and obtains any veterinary 
care needed for the nonhuman primates at the closest available 
veterinary facility.
    (b) Air transportation. During air transportation of nonhuman 
primates, it is the responsibility of the carrier to observe the 
nonhuman primates as frequently as circumstances allow, but not less 
than once every 4 hours if the animal cargo area is accessible during 
flight. If the animal cargo area is not accessible during flight, the 
carrier must observe the nonhuman primates whenever they are loaded and 
unloaded and whenever the animal cargo space is otherwise accessible to 
make sure that the nonhuman primates have sufficient air for normal 
breathing, that the ambient temperature is within the limits provided in 
Sec. 3.88(d) of this subpart, and that all other applicable standards of 
this subpart are being complied with. The carrier must determine whether 
any of the nonhuman primates is in obvious physical distress, and 
arrange for any needed veterinary care for the nonhuman primates as soon 
as possible.
    (c) If a nonhuman primate is obviously ill, injured, or in physical 
distress, it must not be transported in commerce, except to receive 
veterinary care for the condition.
    (d) During transportation in commerce, a nonhuman primate must not 
be removed from its primary enclosure unless it is placed in another 
primary enclosure or a facility that meets the requirements of Sec. 3.80 
or Sec. 3.87 of this subpart. Only persons who are experienced and 
authorized by the shipper, or authorized by the consignor or the 
consignee upon delivery, if the animal is consigned for transportation, 
may remove nonhuman primates from their primary enclosure during 
transportation in commerce, unless required for the health or well-being 
of the animal.
    (e) The transportation regulations contained in this subpart must be 
complied with until a consignee takes physical delivery of the animal if 
the animal is consigned for transportation, or until the animal is 
returned to the consignor.



Sec. 3.91  Terminal facilities.

    (a) Placement. Any persons subject to the Animal Welfare regulations 
(9 CFR parts l, 2, and 3) must not commingle shipments of nonhuman 
primates with inanimate cargo or with other animals in animal holding 
areas of terminal facilities. Nonhuman primates must not be placed near 
any other animals, including other species of nonhuman primates, and 
must not be able to touch or see any other animals, including other 
species of nonhuman primates.
    (b) Cleaning, sanitization, and pest control. All animal holding 
areas of terminal facilities must be cleaned and sanitized in a manner 
prescribed in Sec. 3.84(b)(3) of this subpart, as often as necessary to 
prevent an accumulation of debris or excreta and to minimize vermin 
infestation and disease hazards. Terminal facilities must follow an 
effective program in all animal holding areas for the control of 
insects, ectoparasites, and birds and mammals that are pests of nonhuman 
primates.
    (c) Ventilation. Ventilation must be provided in any animal holding 
area in a terminal facility containing nonhuman primates by means of 
windows, doors, vents, or air conditioning.

[[Page 90]]

The air must be circulated by fans, blowers, or air conditioning so as 
to minimize drafts, odors, and moisture condensation. Auxiliary 
ventilation, such as exhaust fans, vents, fans, blowers, or air 
conditioning, must be used in any animal holding area containing 
nonhuman primates when the ambient temperature is 85  deg.F (29.5  
deg.C) or higher.
    (d) Temperature. The ambient temperature in an animal holding area 
containing nonhuman primates must not fall below 45  deg.F (7.2  deg.C) 
or rise above 85  deg.F (29.5  deg.C) for more than four consecutive 
hours at any time nonhuman primates are present. The ambient temperature 
must be measured in the animal holding area by the carrier, intermediate 
handler, or a person transporting nonhuman primates who is subject to 
the Animal Welfare regulations (9 CFR parts 1, 2, and 3), outside any 
primary enclosure containing a nonhuman primate at a point not more than 
3 feet (0.91 m.) away from an outside wall of the primary enclosure, on 
a level that is even with the enclosure and approximately midway up the 
side of the enclosure.
    (e) Shelter. Any person subject to the Animal Welfare regulations (9 
CFR parts l, 2, and 3) holding a nonhuman primate in an animal holding 
area of a terminal facility must provide the following:
    (1) Shelter from sunlight and extreme heat. Shade must be provided 
that is sufficient to protect the nonhuman primate from the direct rays 
of the sun.
    (2) Shelter from rain or snow. Sufficient protection must be 
provided to allow nonhuman primates to remain dry during rain, snow, and 
other precipitation.
    (f) Duration. The length of time any person subject to the Animal 
Welfare regulations (9 CFR parts 1, 2, and 3) can hold a nonhuman 
primate in an animal holding area of a terminal facility upon arrival is 
the same as that provided in Sec. 3.86(f) of this subpart.



Sec. 3.92  Handling.

    (a) Any person subject to the Animal Welfare regulations (9 CFR 
parts 1, 2, and 3) who moves (including loading and unloading) nonhuman 
primates within, to, or from the animal holding area of a terminal 
facility or a primary conveyance must do so as quickly and efficiently 
as possible, and must provide the following during movement of the 
nonhuman primate:
    (1) Shelter from sunlight and extreme heat. Sufficient shade must be 
provided to protect the nonhuman primate from the direct rays of the 
sun. A nonhuman primate must not be exposed to an ambient temperature 
above 85  deg.F (29.5  deg.C) for a period of more than 45 minutes while 
being moved to or from a primary conveyance or a terminal facility, The 
ambient temperature must be measured in the manner provided in 
Sec. 3.91(d) of this subpart.
    (2) Shelter from rain or snow. Sufficient protection must be 
provided to allow nonhuman primates to remain dry during rain, snow, and 
other precipitation.
    (3) Shelter from cold temperatures. Transporting devices on which 
nonhuman primates are placed to move them must be covered to protect the 
animals when the outdoor temperature falls below 45  deg.F (7.2  deg.C). 
A nonhuman primate must not be exposed to an ambient air temperature 
below 45  deg.F (7.2  deg.C) for a period of more than 45 minutes, 
unless it is accompanied by a certificate of acclimation to lower 
temperatures as provided in Sec. 3.86(e) of this subpart. The ambient 
temperature must be measured in the manner provided in Sec. 3.91(d) of 
this subpart.
    (b) Any person handling a primary enclosure containing a nonhuman 
primate must use care and must avoid causing physical harm or distress 
to the nonhuman primate.
    (1) A primary enclosure containing a nonhuman primate must not be 
placed on unattended conveyor belts or on elevated conveyor belts, such 
as baggage claim conveyor belts and inclined conveyor ramps that lead to 
baggage claim areas, at any time; except that a primary enclosure may be 
placed on inclined conveyor ramps used to load and unload aircraft if an 
attendant is present at each end of the conveyor belt.
    (2) A primary enclosure containing a nonhuman primate must not be 
tossed, dropped, or needlessly tilted, and must not be stacked in a 
manner that may reasonably be expected to result in its

[[Page 91]]

falling. It must be handled and positioned in the manner that written 
instructions and arrows on the outside of the primary enclosure 
indicate.
    (c) This section applies to movement of a nonhuman primate from 
primary conveyance to primary conveyance, within a primary conveyance or 
terminal facility, and to or from a terminal facility or a primary 
conveyance.

(Approved by the Office of Management and Budget under control number 
0579-0093)



Subpart E--Specifications for the Humane Handling, Care, Treatment, and 
                    Transportation of Marine Mammals

    Source: 44 FR 36874, June 22, 1979, unless otherwise noted.

                   Facilities and Operating Standards



Sec. 3.100  Special considerations regarding compliance and/or variance.

    (a) All persons subject to the Animal Welfare Act who maintain or 
otherwise handle marine mammals in captivity must comply with the 
provisions of this subpart, except that they may apply for and be 
granted a variance,\6\ by the Deputy Administrator, from one or more 
specified provisions of Sec. 3.104. The provisions of this subpart shall 
not apply, however, in emergency circumstances where compliance with one 
or more requirements would not serve the best interest of the marine 
mammals concerned.
---------------------------------------------------------------------------


    \6\ Written permission from the Deputy Administrator to operate as a 
licensee or registrant under the Act without being in full compliance 
with one or more specified provisions of Sec. 3.104.
---------------------------------------------------------------------------

    (b) An application for a variance must be made to the Deputy 
Administrator in writing. The request must include:
    (1) The species and number of animals involved,
    (2) A statement from the attending veterinarian concerning the age 
and health status of the animals involved, and concerning whether the 
granting of a variance would be detrimental to the marine mammals 
involved,
    (3) Each provision of the regulations that is not met,
    (4) The time period requested for a variance,
    (5) The specific reasons why a variance is requested, and
    (6) The estimated cost of coming into compliance, if construction is 
involved.
    (c) After receipt of an application for a variance, the Deputy 
Administrator may require the submission in writing of a report by two 
experts recommended by the American Association of Zoological Parks and 
Aquariums and approved by the Deputy Administrator concerning potential 
adverse impacts on the animals involved or on other matters relating to 
the effects of the requested variance on the health and well-being of 
such marine mammals. Such a report will be required only in those cases 
when the Deputy Administrator determines that such expertise is 
necessary to determine whether the granting of a variance would cause a 
situation detrimental to the health and well-being of the marine mammals 
involved. The cost of such report is to be paid by the applicant.
    (d) Variances granted for facilities because of ill or infirm marine 
mammals that cannot be moved without placing their well-being in 
jeopardy, or for facilities within 0.3048 meters (1 foot) of compliance 
with any space requirement may be granted for up to the life of the 
marine mammals involved. Otherwise, variances shall be granted for a 
period not exceeding July 30, 1986, Provided, however, That under 
circumstances deemed justified by the Deputy Administrator, a maximum 
extension of 1 year may be granted to attain full compliance. A written 
request for the extension must be received by the Deputy Administrator 
by May 30, 1986. Consideration for extension by the Deputy Administrator 
will be limited to unforeseen or unusual situations such as when 
necessary public funds cannot be allocated in an appropriate time frame 
for a facility to attain full compliance by July 30, 1986.
    (e) The Deputy Administrator shall deny any application for a 
variance if he determines that it is not justified under the 
circumstances or that allowing it will be detrimental to the health

[[Page 92]]

and well-being of the marine mammals involved.
    (f) Any facility housing marine mammals that does not meet all of 
the space requirements as of July 30, 1984, must meet all of the 
requirements by September 28, 1984, or may operate without meeting such 
requirements until action is taken on an application for a variance if 
the application is submitted to the Deputy Administrator on or before 
September 28, 1984.
    (g) A research facility may be granted a variance from specified 
requirements of this subpart when such variance is necessary for 
research purposes and is fully explained in the experimental design. Any 
time limitation stated in this section shall not be applicable in such 
case.
[49 FR 26681, June 28, 1984; 63 FR 2, Jan. 2, 1998]



Sec. 3.101  Facilities, general.

    (a) Construction requirements. (1) Indoor and outdoor housing 
facilities for marine mammals shall be structurally sound and shall be 
maintained in good repair, to protect the animals from injury, to 
contain the animals, and to restrict the entrance of unwanted animals.
    (2) All marine mammals shall be provided with protection from abuse 
and harassment by the viewing public by the use of a sufficient number 
of employees or attendants to supervise the viewing public, or by 
physical barriers, such as fences, walls, glass partitions, or distance, 
or both.
    (3) Any primary enclosure pool, except for natural seawater pools 
subject to tidal action, shall be constructed of materials having a 
nonporous, waterproof finish, which facilitate proper cleaning and 
disinfection, and shall be maintained in good repair as part of a 
regular ongoing maintenance program. Any ramps or haul-out areas for 
primary enclosure pools, and any natural seawater pools subject to tidal 
action, shall be constructed of materials which facilitate proper 
cleaning and disinfection and shall be maintained in good repair as part 
of a regular ongoing maintenance program.
    (4) Facilities which utilize natural water areas, such as tidal 
basins, bays, or estuaries (subject to natural tidewater action) used 
for housing marine mammals shall be exempt from the drainage 
requirements of paragraph (c)(1) of this section, but they must meet the 
minimum standards with regard to space, depth, and sanitation. The water 
must be monitored for coliforms and for ph and chemical content, if 
chemicals are added.
    (b) Water and power supply. Reliable and adequate sources of water 
and electric power shall be provided by the facility housing marine 
mammals. Written contingency plans must be submitted to and approved by 
Veterinary Services regarding emergency sources of water and electric 
power in the event of failure of the primary sources, when such failure 
could reasonably be expected to be detrimental to the good health and 
well-being of the marine mammals housed therein.
    (c) Drainage. (1) Adequate drainage shall be provided for all 
primary enclosure pools and shall be located so that all of the water 
contained in such pools may be rapidly eliminated when necessary for 
cleaning the pools or for other purposes. Drainage effluent from primary 
enclosure pools shall be disposed of in a manner that complies with all 
applicable Federal, State, and local pollution control laws.
    (2) Drainage shall be provided for primary enclosures and areas 
immediately surrounding pools. Drains shall be located so as to rapidly 
eliminate excess water (except in pools). Such drainage effluent shall 
be disposed of in a manner that complies with all applicable Federal, 
State, and local pollution control laws.
    (d) Storage. Supplies of food shall be stored in facilities which 
adequately protect such supplies from deterioration, molding, or 
contamination by vermin. Refrigerators and freezers shall be used for 
perishable food. No substances which are known to be or may be toxic or 
harmful to marine mammals shall be stored or maintained in the marine 
mammal food storage areas.
    (e) Waste disposal. Provision shall be made for the removal and 
disposal of animal and food wastes, dead animals, trash, and debris. 
Disposal facilities shall be provided and operated in a

[[Page 93]]

manner which will minimize vermin infestation, odors, and disease 
hazards. All waste disposal procedures must comply with all applicable 
Federal, State, and local laws pertaining to pollution control, 
protection of the environment, and public health.
    (f) Washroom facilities. Facilities such as washrooms, basins, 
showers, or sinks, shall be provided to maintain cleanliness among 
employees and attendants.
[44 FR 36874, June 22, 1979, as amended at 44 FR 63492, Nov. 2, 1979; 49 
FR 26682, June 28, 1984]



Sec. 3.102  Facilities, indoor.

    (a) Ambient temperature. The air and water temperatures in indoor 
facilities shall be sufficiently regulated by heating or cooling to 
protect the marine mammals from extremes of temperature, to provide for 
their good health and well-being and to prevent discomfort, in 
accordance with the currently accepted practices as cited in appropriate 
professional journals or reference guides, depending upon the species 
housed therein. Rapid changes in air and water temperatures shall be 
avoided.
    (b) Ventilation. Indoor housing facilities shall be ventilated by 
natural or artificial means to provide a flow of fresh air for the 
marine mammals and to minimize the accumulation of chlorine fumes, other 
gases, and objectionable odors. A vertical air space averaging at least 
1.83 meters (6 feet) shall be maintained in all primary enclosures 
housing marine mammals, including pools of water.
    (c) Lighting. Indoor housing facilities for marine mammals shall 
have ample lighting, by natural or artificial means, or both, of a 
quality, distribution, and duration which is appropriate for the species 
involved. Sufficient lighting must be available to provide uniformly 
distributed illumination which is adequate to permit routine 
inspections, observations, and cleaning of all parts of the primary 
enclosure including any den areas. The lighting shall be designed so as 
to prevent overexposure of the marine mammals contained therein to 
excessive illumination.\7\
---------------------------------------------------------------------------


    \7\ Lighting intensity and duration must be consistent with the 
general well-being and comfort of the animal involved. When possible, it 
should approximate the lighting conditions encountered by the animal in 
its natural environment. At no time shall the lighting be such that it 
will cause the animal discomfort or trauma.
---------------------------------------------------------------------------

[44 FR 36874, June 22, 1979; 63 FR 2, Jan. 2, 1998]



Sec. 3.103  Facilities, outdoor.

    (a) Environmental temperatures. Marine mammals shall not be housed 
in outdoor facilities unless the air and water temperature ranges which 
they may encounter during the period they are so housed do not adversely 
affect their health and comfort. A marine mammal shall not be introduced 
to an outdoor housing facility until it is acclimated to the air and 
water temperature ranges which it will encounter therein. The following 
requirements shall be applicable to all outdoor pools.
    (1) The water surface of pools in outdoor primary enclosures housing 
polar bears and ice or cold water dwelling species of pinnipeds shall be 
kept sufficiently free of solid ice to allow for entry and exit of the 
animals.
    (2) The water surface of pools in outdoor primary enclosures housing 
cetaceans and sea otters shall be kept free of ice.
    (3) No sirenian or warm water dwelling species of pinnipeds or 
cetaceans shall be housed in outdoor pools where water temperature 
cannot be maintained within the temperature range to meet their needs.
    (b) Shelter. Natural or artificial shelter which is appropriate for 
the species concerned, when the local climatic conditions are taken into 
consideration, shall be provided for all marine mammals kept outdoors to 
afford them protection from the weather or from direct sunlight.



Sec. 3.104  Space requirements.

    (a) General. Primary enclosures, including pools of water housing 
marine mammals, shall comply with the minimum space requirements 
prescribed by this part. They shall be constructed

[[Page 94]]

and maintained so that the animals contained therein are provided with 
sufficient space, both horizontally and vertically so that they are able 
to make normal postural and social adjustments with adequate freedom of 
movement, in or out of the water. An exception to these requirements is 
provided for in Sec. 3.110, ``Veterinary care.'' Primary enclosures 
smaller than required by the standards are also allowed to be used for 
temporary holding purposes such as training and transfer. Such 
enclosures shall not be used for permanent housing purposes or for 
periods longer than specified by an attending veterinarian.
    (b) Cetaceans. Primary enclosures housing cetaceans shall contain a 
pool of water and may consist entirely of a pool of water. In 
determining the minimum space required in a pool holding cetaceans, four 
factors must be satisfied. These are MHD, depth, volume, and surface 
area. For the purposes of this subpart, cetaceans are divided into Group 
I cetaceans and Group II cetaceans as shown in Table III in this 
section.
    (1)(i) The required minimum horizontal dimension (MHD) of a pool for 
Group I cetaceans shall be 7.32 meters (24.0 feet) or two times the 
average adult length of the longest species of Group I cetacean housed 
therein (as measured in a parallel or horizontal line, from the tip of 
its upper jaw, or from the most anterior portion of the head in bulbous 
headed animals, to the notch in the tail fluke \8\ ), whichever is 
greater; except that such MHD measurement may be reduced from the 
greater number by up to 20 percent if the amount of the reduction is 
added to the MHD at the 90-degree angle and if the minimum volume and 
surface area requirements are met based on an MHD of 7.32 meters (24.0 
feet) or two times the average adult length of the longest species of 
Group I cetacean housed therein, whichever is greater.
---------------------------------------------------------------------------


    \8\ The body length of a Monodon monoceros (narwhale) is measured 
from the tip of the upper incisor tooth to the notch in the tail fluke. 
If the upper incisor is absent or does not extend beyond the front of 
the head, then it is measured like other cetaceans, from the tip of the 
upper jaw to the notch in the tail fluke. Immature males should be 
anticipated to develop the ``tusk'' (usually left incisor tooth) 
beginning at sexual maturity.
---------------------------------------------------------------------------

    (ii) The MHD of a pool for Group II cetaceans shall be 7.32 meters 
(24.0 feet) or four times the average adult length of the longest 
species of cetacean to be housed therein (as measured in a parallel or 
horizontal line from the tip of its upper jaw, or from the most anterior 
portion of the head in bulbous headed animals, to the notch in the tail 
fluke), whichever is greater; except that such MHD measurement may be 
reduced from the greater number by up to 20 percent if the amount of the 
reduction is added to the MHD at the 90-degree angle and if the minimum 
volume and surface area requirements are met based on an MHD of 7.32 
meters (24.0 feet) or four times the average adult length of the longest 
species of Group II cetacean housed therein, whichever is greater.
    (iii) In a pool housing a mixture of Group I and Group II cetaceans, 
the MHD shall be the largest required for any cetacean housed therein.
    (iv) Once the required MHD has been satisfied, the pool size may be 
required to be adjusted to increase the surface area and volume when 
cetaceans are added. Examples of MHD and volume requirements for Group I 
cetaceans are shown in Table I, and for Group II cetaceans in Table II.

                                         Table I--Group I Cetaceans \1\                                         
----------------------------------------------------------------------------------------------------------------
   Representative average        Minimum horizontal       Minimum required depth    Volume of water required for
       adult lengths              dimension (MHD)      ----------------------------  each additional cetacean in
-------------------------------------------------------                                     excess of two       
                                                           Meters         Feet     -----------------------------
    Meters         Feet         Meters         Feet                                 Cubic meters       feet     
----------------------------------------------------------------------------------------------------------------
1.68.........         5.5          7.32           24          1.83          6             8.11          284.95  
2.29.........         7.5          7.32           24          1.83          6            15.07          529.87  
2.74.........         9.0          7.32           24          1.83          6            21.57          763.02  
3.05.........        10.0          7.32           24          1.83          6            26.73          942.00  
3.51.........        11.5          7.32           24          1.83          6            35.40        1,245.79  
3.66.........        12.0          7.32           24          1.83          6            38.49        1,356.48  

[[Page 95]]

                                                                                                                
4.27.........        14.0          8.53           28          2.13          7            60.97        2,154.04  
5.49.........        18.0         10.97           36          2.74          9           129.65        4,578.12  
5.64.........        18.5         11.28           37          2.82          9.25        140.83        4,970.33  
5.79.........        19.0         11.58           38          2.90          9.50        152.64        5,384.32  
6.71.........        22.0         13.41           44          3.36         11           237.50        8,358.68  
6.86.........        22.5         13.72           45          3.43         11.25        253.42        8,941.64  
7.32.........        24.0         14.63           48          3.66         12           307.89       10,851.84  
8.53.........        28.0         17.07           56          4.27         14           487.78       17,232.32  
----------------------------------------------------------------------------------------------------------------
\1\ All calculations are rounded off to the nearest hundredth. In converting the length of cetaceans from feet  
  to meters, 1 foot equals .3048 meter. Due to rounding of meter figures as to the length of the cetacean, the  
  correlation of meters to feet in subsequent calculations of MHD and additional volume of water required per   
  cetacean, over two, may vary slightly from a strict feet to meters ratio. Cubic meters is based on: 1 cubic   
  foot=0.0283 cubic meter.                                                                                      


                                        Table II--Group II Cetaceans \1\                                        
----------------------------------------------------------------------------------------------------------------
   Representative average        Minimum horizontal       Minimum required depth    Volume of water required for
        adult length              dimension (MHD)      ---------------------------  each additional cetacean in 
-------------------------------------------------------                                    excess of four       
                                                                                  ------------------------------
    Meters         Feet         Meters         Feet        Meters         Feet      Cubic meters                
                                                                                         \1\         Cubic feet 
----------------------------------------------------------------------------------------------------------------
1.52.........         5.0          7.32           24          1.83            6          13.28          471.00  
1.68.........         5.5          7.32           24          1.83            6          16.22          569.91  
1.83.........         6.0          7.32           24          1.83            6          19.24          678.24  
2.13.........         7.0          8.53           28          1.83            6          26.07          923.16  
2.29.........         7.5          9.14           30          1.83            6          30.13        1,059.75  
2.44.........         8.0          9.75           32          1.83            6          34.21        1,205.76  
2.59.........         8.5         10.36           34          1.83            6          38.55        1,361.19  
2.74.........         9.0         10.97           36          1.83            6          43.14        1,526.04  
----------------------------------------------------------------------------------------------------------------
\1\ Converting cubic feet to cubic meters is based on: 1 cubic foot=0.0283 of a cubic meter.                    


    Table III--Average Adult Lengths of Marine Mammals Maintained in    
                              Captivity \1\                             
------------------------------------------------------------------------
                                                         Average adult  
                                                            length      
             Species                  Common name    -------------------
                                                         In             
                                                       meters    In feet
------------------------------------------------------------------------
Group I Cetaceans:                                                      
    Balaenoptera acutorostrata..  Minke whale.......      8.50      27.9
    Cephalorhynchus commersonii.  Commerson's             1.52       5.0
                                   dolphin.                             
    Delphinapterus leucas.......  Beluga whale......      4.27      14.0
    Monodon monoceros...........  Narwhale..........      3.96      13.0
    Globicephala melaena........  Long-finned pilot       5.79      19.0
                                   whale.                               
    Globicephala macrorhynchus..  Short-finned pilot      5.49      18.0
                                   whale.                               
    Grampus griseus.............  Risso's dolphin...      3.66      12.0
    Orcinus orca................  Killer whale......      7.32      24.0
    Pseudorca carassidens.......  False killer whale      4.35      14.3
    Tursiops truncatus            Bottlenose dolphin      2.74       9.0
     (Atlantic).                                                        
    Tursiops truncatus (Pacific)  Bottlenose dolphin      3.05      10.0
    Inia geoffrensis............  Amazon porpoise...      2.44       8.0
    Phocoena phocoena...........  Harbor porpoise...      1.68       5.5
    Pontoporia blainvillei......  Franciscana.......      1.52       5.0
    Sotalia fluviatilis.........  Tucuxi............      1.68       5.5
    Platanista, all species.....  River dolphin.....      2.44       8.0
Group II Cetaceans:                                                     
    Delphinus delphis...........  Common dolphin....      2.59       8.5
    Feresa attenuata............  Pygmy killer whale      2.44       8.0
    Kogia breviceps.............  Pygmy sperm whale.      3.96      13.0
    Kogia simus.................  Dwarf sperm whale.      2.90       9.5
    Lagenorhynchus acutus.......  Atlantic white-         2.90       9.5
                                   sided dolphin.                       
    Lagenorhynchus cruciger.....  Hourglass dolphin.      1.70       5.6
    Lagenorhynchus obliquidens..  Pacific white-          2.29       7.5
                                   sided dolphin.                       
    Lagenorhynchus albirostris..  White-beaked            2.74       9.0
                                   dolphin.                             
    Lagenorhynchus obscurus.....  Duskey dolphin....      2.13       7.0
    Lissodelphis borealis.......  Northern right          2.74       9.0
                                   whale dolphin.                       
    Neophocaena phocaenoides....  Finless porpoise..      1.83       6.0

[[Page 96]]

                                                                        
    Peponocephala electra.......  Melon-headed whale      2.74       9.0
    Phocoenoides dalli..........  Dall's porpoise...      2.00       6.5
    Stenella longirostris.......  Spinner dolphin...      2.13       7.0
    Stenella coeruleoalba.......  Striped dolphin...      2.29       7.5
    Stenella attenuata..........  Spotted dolphin...      2.29       7.5
    Stenella plagiodon..........  Spotted dolphin...      2.29       7.5
    Steno bredanensis...........  Rough-toothed           2.44       8.0
                                   dolphin.                             
------------------------------------------------------------------------
\1\ This table contains the species of marine mammals known by the      
  Department to be presently in captivity or that are likely to become  
  captive in the future. Anyone who is subject to the Animal Welfare Act
  having species of marine mammals in captivity which are not included  
  in this table should consult the Deputy Administrator with regard to  
  the average adult length of such animals.                             


----------------------------------------------------------------------------------------------------------------
                                                                                   Average adult length         
                                                                         ---------------------------------------
                  Species                            Common name               In meters            In feet     
                                                                         ---------------------------------------
                                                                            Male     Female     Male     Female 
----------------------------------------------------------------------------------------------------------------
Group I Pinnipeds:                                                                                              
    Arctocephalus gazella**...............  Antarctic Fur Seal..........      1.80      1.20      5.9       3.9 
    Arctocephalus tropicalis**............  Amsterdam Island Fur Seal...      1.80      1.45      5.9       4.75
    Arctocephalus australis**.............  South American Fur Seal.....      1.88      1.42      6.2       4.7 
    Arctocephalus pusillis**..............  Cape Fur Seal...............      2.73      1.83      8.96      6.0 
    Callorhinus ursinus**.................  Northern Fur Seal...........      2.20      1.45      7.2       4.75
    Eumetopias jubatus**..................  Steller's Sea Lion..........      2.86      2.40      9.4       7.9 
    Hydrurga leptonyx.....................  Leopard Seal................      2.90      3.30      9.5      10.8 
    Mirounga angustirostris**.............  Northern Elephant Seal......      3.96      2.49     13.0       8.2 
    Mirounga leonina**....................  Southern Elephant Seal......      4.67      2.50     15.3       8.2 
    Odobenus rosmarus**...................  Walrus......................      3.15      2.60     10.3       8.5 
    Otaria flavescens**...................  South American Sea Lion.....      2.40      2.00      7.9       6.6 
    Phoca caspica.........................  Caspian Seal................      1.45      1.40      4.75      4.6 
    Phoca fasciata........................  Ribbon Seal.................      1.75      1.68      5.7       5.5 
    Phoca larga...........................  Harbor Seal.................      1.70      1.50      5.6       4.9 
    Phoca vitulina........................  Habor Seal..................      1.70      1.50      5.6       4.9 
    Zalophus californianus................  California Sea Lion.........      2.24      1.75      7.3       5.7 
    Halichoerus grypus**..................  Grar Seal...................      2.30      1.95      7.5       6.4 
    Phoca sibirica........................  Baikal Seal.................      1.70      1.85      5.6       6.1 
    Phoca groenlandica....................  Harp Seal...................      1.85      1.85      6.1       6.1 
    Leptonychotes weddelli**..............  Weddell Seal................      2.90      3.15      9.5      10.3 
    Lobodon carcinophagus**...............  Crabeater Seal..............      2.21      2.21      7.3       7.3 
    Ommatophoca rossi**...................  Ross Seal...................      1.99      2.13      6.5       7.0 
Group II Pinnipeds:                                                                                             
    Erignathus barbatus...................  Bearded Seal................      2.33      2.33      7.6       7.6 
    Phoca hispida.........................  Ringed Seal.................      1.35      1.30      4.4       4.3 
    Cystophora cristata...................  Hooded Seal.................      2.60      2.00      8.5       6.6 
----------------------------------------------------------------------------------------------------------------
Note.--** Any Group I animals maintained together will be considered as Group II when the animals maintained    
  together include two or more sexually mature males from species marked with a double asterisk (**) regardless 
  of whether the sexually mature males from the same species.                                                   


------------------------------------------------------------------------
                                                         Average adult  
                                                            length      
             Species                  Common name    -------------------
                                                         In             
                                                       meters    In feet
------------------------------------------------------------------------
Sirenia:                                                                
    Dugong dugong...............  Dugong............      3.35      11.0
    Trichechus manatus..........  West Indian             3.51      11.5
                                   Manatee.                             
    Trichechus inunguis.........  Amazon Manatee....      2.44       8.0
Mustelidae:                                                             
    Enhydra lutris..............  Sea Otter.........      1.25       4.1
------------------------------------------------------------------------

    (2) The minimum depth requirement for primary enclosure pools for 
all cetaceans shall be one-half the average adult length of the longest 
species to

[[Page 97]]

 be housed therein, regardless of Group I or Group II classification, or 
1.83 meters (6.0 feet), whichever is greater, and can be expressed as 
d=L/2 or 6 feet, whichever is greater. Those parts of the primary 
enclosure pool which do not meet the minimum depth requirement cannot be 
included when calculating space requirements for cetaceans.
    (3) Pool volume. A pool of water housing cetaceans which satisfies 
the MHD and which meets the minimum depth requirement, will have 
sufficient volume and surface area to hold up to two Group I cetaceans 
or up to four Group II cetaceans. If additional cetaceans are to be 
added to the pool, the volume as well as the surface area may have to be 
adjusted to allow for additional space necessary for such cetaceans. See 
Tables I, II, and IV for volumes and surface area requirements. The 
additional volume needed shall be based on the number and kind of 
cetaceans housed therein and shall be determined in the following 
manner.
    (i) The minimum volume of water required for up to two Group I 
cetaceans is based upon the following formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.010


When there are more than two Group I cetaceans housed in a primary 
enclosure pool, the additional volume of water required for each 
additional Group I cetacean in excess of two is based on the following 
formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.011


See Table I for required volumes.
    (ii) The minimum volume of water required for up to four Group II 
cetaceans is based upon the following formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.012


When there are more than four Group II cetaceans housed in a primary 
enclosure pool, the additional volume of water required for each 
additional Group II cetacean in excess of four is based on the following 
formula:

            Volume=(Average Adult Length)\2\ x 3.14  x  depth

See Table II for required volumes.
    (iii) When a mixture of both Group I and Group II cetaceans are 
housed together, the MHD must be satisfied as stated in 
Sec. 3.104(b)(1), and the minimum depth must be satisfied as stated in 
Sec. 3.104(b)(2). Based on these figures, the resulting volume must then 
be calculated
[GRAPHIC] [TIFF OMITTED] TC14NO91.013


Then the volume necessary for the cetaceans to be housed in the pool 
must be calculated (by obtaining the sum of the volumes required for 
each animal). If this volume is greater than that obtained by using the 
MHD and depth figures, then the additional volume required may be added 
by enlarging the pool in its lateral dimensions or by increasing its 
depth, or both. The minimum surface area requirements discussed next 
must also be satisfied.
    (4)(i) The minimum surface area requirements for each cetacean 
housed in a pool, regardless of Group I or Group II classification, are 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC14NO91.014


[[Page 98]]



In a pool containing more than two Group I cetaceans or more than four 
Group II cetaceans,\8\ the additional surface area which may be required 
when animals are added must be calculated for each such animal.
    (ii) When a mixture of Group I and Group II cetaceans are to be 
housed in a pool, the required MHD, depth, and volume must be met. Then 
the required surface area must be determined for each animal in the 
pool. The sum of these surface areas must then be compared to the 
surface area which is obtained by a computation based on the required 
MHD of the pool.\9\ The larger of the two figures represents the surface 
area which is required for a pool housing a mixture of Group I and Group 
II cetaceans. Pool surfaces where the depth does not meet the minimum 
requirements cannot be used in determining the required surface area.
    (iii) Surface area requirements are given in Table IV.

--------------
    \8\ A pool containing up to two Group I cetaceans or up to four 
Group II cetaceans which meets the required MHD and depth will have the 
necessary surface area and volume required for the animals contained 
therein.
    \9\ Since the MHD represents the diameter of a circle, the surface 
area based on the MHD is calculated by use of the following formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.015


        Table IV--Minimum Surface Area Required for Each Cetacean       
------------------------------------------------------------------------
    Average adult length of each        Surface area required for each  
              cetacean                             cetacean             
------------------------------------------------------------------------
      Meters              Feet         Sq. meters \1\       Sq. feet    
------------------------------------------------------------------------
1.68.............             5.5              3.31             33.62   
2.13.............             7.0              5.36             57.70   
2.29.............             7.5              6.15             66.23   
2.59.............             8.5              7.90             85.07   
2.74.............             9.0              8.86             95.38   
3.05.............            10.0             10.94            117.75   
3.51.............            11.5             14.47            155.72   
3.66.............            12.0             15.75            169.56   
4.27.............            14.0             21.44            230.79   
5.49.............            18.0             35.44            381.51   
5.64.............            18.5             37.43            403.00   
5.79.............            19.0             39.49            425.08   
6.71.............            22.0             52.94            569.91   
6.86.............            22.5             55.38            596.11   
7.32.............            24.0             63.01            678.24   
8.53.............            28.0             85.76            923.16   
------------------------------------------------------------------------
\1\ Square meter=square feet/9 x 0.8361.                                

    (c) Sirenians. Primary enclosures housing sirenians shall contain a 
pool of water and may consist entirely of a pool of water.
    (1) The required MHD of a primary enclosure pool for sirenians shall 
be two times the average adult length of the longest species of sirenian 
to be housed therein. Calculations shall be based on the average adult 
length of such sirenians as measured in a horizontal line from the tip 
of the muzzle to the notch in the tail fluke of dugongs and from the tip 
of the muzzle to the most distal point in the rounded tail of the 
manatee.
    (2) The minimum depth requirements for primary enclosure pools for 
all sirenians shall be one-half the average adult length of the longest 
species to be housed therein, or 1.52 meters (5.0 feet), whichever is 
greater. Those parts of the primary enclosure pool which do not meet the 
minimum depth requirements cannot be included when calculating space 
requirements for sirenians.
    (3) A pool which satisfies the required MHD and depth shall be 
adequate for one or two sirenians. Volume and surface area requirements 
for additional animals shall be calculated using the same formula as for 
Group I cetaceans, except that the figure for depth requirement for 
sirenians shall be one-half the average adult length or 1.52 meters (5.0 
feet), whichever is greater.
    (d) Pinnipeds. (1) Primary enclosures housing pinnipeds shall 
contain a pool of water and a dry resting or social activity area that 
must be close enough to the surface of the water to allow easy access 
for entering or leaving the pool. For the purposes of this subpart, 
pinnipeds have been divided into Group I pinnipeds and Group II 
pinnipeds as shown in Table III in this section. In certain instances 
some Group I pinnipeds shall be considered as Group II pinnipeds. (See 
Table III).

[[Page 99]]

    (2) The minimum size of the dry resting or social activity area of 
the primary enclosure for pinnipeds (exclusive of the pool of water) 
shall be based on the average adult length of each pinniped contained 
therein, as measured in a horizontal or extended position in a straight 
line from the tip of its nose to the tip of its tail. The minimum size 
of the dry resting or social activity area shall be computed using the 
following methods:
    (i) Group I pinnipeds. Square the average adult length of each 
pinniped to be contained in the primary enclosure. Add the figures 
obtained for each of the pinnipeds in the primary enclosure to determine 
the dry resting or social activity area required for such pinnipeds. If 
only a single Group I pinniped is maintained in the primary enclosure, 
the minimum dry resting or social activity area shall be twice the 
square of the average adult length of that single Group I pinniped. 
Examples:

(average adult length)\2\ of 1st Group I pinniped+(average adult 
          length)\2\ of 2nd Group I pinniped=Total DRA for two pinnipeds
    DRA for one pinniped=2 x (average adult length of Group I 
pinniped)\2\

    (ii) Group II pinnipeds. List all pinnipeds contained in a primary 
enclosure by average adult length in descending order from the longest 
species of pinniped to the shortest species of pinniped. Square the 
average adult length of each pinniped. Multiply the average adult length 
squared of the longest pinniped by 1.5, the second longest by 1.4, the 
third longest by 1.3, the fourth longest by 1.2, and the fifth longest 
by 1.1, as indicated in the following example. Square the average adult 
length of the sixth pinniped and each additional pinniped. Add the 
figures obtained for all the pinnipeds in the primary enclosure to 
determine the required minimum dry resting or social activity area 
required for such pinnipeds. If only a single Group II pinniped is 
maintained in the primary enclosure, the minimum dry resting or social 
activity area must be computed for a minimum of two pinnipeds.

Examples: DRA for 1 Group II Pinniped=[(Average adult 
length)\2\ x 1.5]+[(Average adult length)\2\ x 1.4]

                                                                        
                                                                        
                                                                         
1st pinniped (avg. adult length)\2\ x 1.5=social and DRA required       
2nd pinniped (avg. adult length)\2\ x 1.4=social and DRA required       
3rd pinniped (avg. adult length)\1\ x 1.3=social and DRA required       
4th pinniped (avg. adult length)\2\ x 1.2=social and DRA required       
5th pinniped (avg. adult length)\2\ x 1.1=social and DRA required       
Each pinniped over 5 (avg. adult length)\2\=social and DRA required     
------------------------------------------------------------------------
    Total minimum social activity and dry resting area required for all 
     pinnipeds housed in a primary enclosure.                           
                                                                        


If all the pinnipeds in the primary enclosure are of the same species, 
the same descending order of calculation shall apply. Example: Hooded 
seal--average adult length of male=8.5 feet and female=6.6 feet. In a 
primary enclosure containing 2 males and 2 females, the social or DRA 
required would be the sum of [(8.5)\2\ x 1.5]+ [(8.5)\2\ x 1.4] 
+[(6.6)\2\ x 1.3] +[(6.6)\2\ x 1.2].

If two or more sexually mature males are maintained together in a 
primary enclosure, the dry resting or social activity area shall be 
divided into two or more separate areas with sufficient visual barriers 
(such as fences, rocks, or foliage) to provide relief from aggressive 
animals.
    (iii) Mixture of Group I and Group II pinnipeds. In a primary 
enclosure where a mixture of Group I and Group II pinnipeds is to be 
housed, the dry resting or social activity area shall be calculated as 
for Group II pinnipeds. The dry resting or social activity area shall be 
divided into two or more separate areas with sufficient visual barriers 
(such as fences, rocks, or foliage) to provide relief from aggressive 
animals.
    (3)(i) The minimum surface area of a pool of water for pinnipeds 
shall be at least equal to the dry resting or social activity area 
required.
    (ii) The MHD of the pool shall be at least one and one-half (1.5) 
times the average adult length of the largest species of pinniped to be 
housed in the enclosure; except that such MHD measurement may be reduced 
by up to 20 percent if the amount of the reduction is added to the MHD 
at the 90-degree angle.
    (iii) The pool of water shall be at least 0.91 meters (3.0 feet) 
deep or one-half the average adult length of the longest species of 
pinniped contained

[[Page 100]]

therein, whichever is greater. Parts of the pool that do not meet the 
minimum depth requirement cannot be used in the calculation of the dry 
resting and social activity area, or as part of the MHD or required 
surface area of the pool.
    (e) Polar bears. Primary enclosures housing polar bears shall 
consist of a pool of water, a dry resting and social activity area, and 
a den. A minimum of 37.16 square meters (400 square feet) of dry resting 
and social activity area shall be provided for up to two polar bears, 
with an additional 3.72 square meters (40 square feet) of dry resting 
and social activity area for each additional polar bear. The dry resting 
and social activity area shall be provided with enough shade to 
accommodate all of the polar bears housed in such primary enclosure at 
the same time. The pool of water shall have an MHD of not less than 2.44 
meters (8.0 feet) and a surface area of at least 8.93 square meters 
(96.0 square feet) with a minimum depth of 1.52 meters (5.0 feet) with 
the exception of any entry and exit area. This size pool shall be 
adequate for two polar bears. For each additional bear, the surface area 
of the pool must be increased by 3.72 square meters (40 square feet). In 
measuring this additional surface area, parts of the pool which do not 
meet minimum depth cannot be considered. The den shall be at least 1.83 
meters (6 feet) in width and depth and not less than 1.52 meters (5 
feet) in height. It will be so positioned that the viewing public shall 
not be visible from the interior of the den. A separate den shall be 
provided for each adult female of breeding age which is permanently 
housed in the same primary enclosure with an adult male of breeding age. 
Female polar bears in traveling acts or shows must be provided a den 
when pregnancy has been determined.
    (f) Sea otters. (1) Primary enclosures for sea otters shall consist 
of a pool of water and a dry resting area. The MHD of the pool of water 
for sea otters shall be at least three times the average adult length of 
the sea otter contained therein (measured in a horizontal line from the 
tip of its nose to the tip of its tail) and the pool shall be not less 
than .91 meters (3.0 feet) deep. When more than two sea otters are 
housed in the same primary enclosure, additional dry resting area as 
well as pool volume is required to accommodate the additional sea 
otters. (See Table V).
    (2) The minimum volume of water required for a primary enclosure 
pool for sea otters shall be based on the sea otter's average adult 
length. The minimum volume of water required in the pool shall be 
computed using the following method: Multiply the square of the sea 
otter's average adult length by 3.14 and then multiply the total by 0.91 
meters (3.0 feet). This volume is satisfactory for one or two otters. To 
calculate the additional volume of water for each additional sea otter 
above two in a primary enclosure, multiply one-half of the square of the 
sea otter's average adult length by 3.14, then multiply by 0.91 meters 
(3.0 feet). (See Table V).
    (3) The minimum dry resting area required for one or two sea otters 
shall be based on the sea otter's average adult length. The minimum dry 
resting area for one or two sea otters shall be computed using the 
following method: Square the average adult length of the sea otter and 
multiply the total by 3.14. When the enclosure is to contain more than 
two sea otters, the dry resting area for each additional animal shall be 
computed by multiplying one-half of the sea otter's average adult length 
by 3.14. Using 1.25 meters or 4.1 feet (the average adult length of a 
sea otter), the calculations for additional space will result in the 
following figures:

Table V--Additional Space Required for Each Sea Otter When More Than Two
                         in a Primary Enclosure                         
------------------------------------------------------------------------
Average adult length of       Resting area             Pool Volume      
       sea otter        ------------------------------------------------
------------------------   Square      Square       Cubic               
   Meters       Feet       meters       Feet       meters     Cubic feet
------------------------------------------------------------------------
1.25.......        4.1        1.96        6.44        2.23        79.17 
------------------------------------------------------------------------


[[Page 101]]

[44 FR 36874, June 22, 1979, as amended at 45 FR 63261, Sept. 24, 1980; 
49 FR 26682, 26685, June 28, 1984; 49 FR 27922, July 9, 1984; 63 FR 2, 
Jan. 2, 1998]

                  Animal Health and Husbandry Standards



Sec. 3.105  Feeding.

    (a) The food for marine mammals shall be wholesome, palatable, and 
free from contamination, and shall be of sufficient quantity and 
nutritive value to maintain all of the marine mammals in a state of good 
health. The diet shall be prepared with consideration for age, species, 
condition, size, and type of marine mammal being fed. Marine mammals 
shall be offered food at least once a day, except as directed by 
veterinary treatment or professionally accepted practices.
    (b) Food receptacles, if used, shall be located so as to be 
accessible to all marine mammals in the same primary enclosure and shall 
be placed so as to minimize contamination of the food contained therein. 
Such food receptacles shall be cleaned and sanitized after each use.
    (c) Food, when given to each marine mammal individually, shall be 
given by an employee or attendant responsible to management who has the 
necessary knowledge to assure that each marine mammal receives an 
adequate quantity of food to maintain it in good health. Such employee 
or attendant is required to have the ability to recognize deviations 
from a normal state of good health in each marine mammal so that the 
food intake can be adjusted accordingly. Public feeding shall be only 
permitted if it is done in the presence and under the supervision of a 
uniformed employee or attendant. Such employee or attendant must assure 
that the marine mammals are receiving the proper amount and type of 
food. Only food supplied by the facility where the marine mammals are 
kept shall be fed to such mammals by the public.
    (d) Food preparation and handling shall be conducted so as to 
minimize bacterial or chemical contamination and to assure the 
wholesomeness and nutritive value of the food. Frozen fish or other 
frozen food shall be stored in freezers which are maintained at a 
maximum temperature of -18 deg. C. (0 deg. F.). The length of time food 
is stored and the method of storage, as well as the thawing of frozen 
food, shall be conducted in a manner which will minimize contamination 
and which will assure that the food retains nutritive value and 
wholesome quality. The thawed product shall be kept iced or refrigerated 
until a reasonable time before feeding. All foods shall be fed to the 
marine mammals within 24 hours following the removal of such foods from 
the freezers for thawing.



Sec. 3.106  Water quality.

    (a) General. The primary enclosure shall not contain water which 
would be detrimental to the health of the marine mammal contained 
therein.
    (b) Bacterial standards. (1) The coliform bacteria count of the 
primary enclosure pool shall not exceed 1,000 MPN (most probable number) 
per 100 ml. of water. Should a coliform bacterial count exceed 1,000 
MPN, two subsequent samples may be taken at 48-hour intervals and 
averaged with the first sample. If such average count does not fall 
below 1,000 MPN, then the water in the pool shall be deemed 
unsatisfactory, and the condition must be corrected immediately.
    (2) When the water is chemically treated, the chemicals shall be 
added so as not to cause harm or discomfort to the marine mammals.
    (3) Water samples shall be taken and tested at least weekly for 
coliform count and at least daily for pH and any chemical additives 
(e.g. chlorine and copper) that are added to the water to maintain water 
quality standards. Facilities using natural seawater shall be exempt 
from pH and chemical testing unless chemicals are added to maintain 
water quality. However, they are required to test for coliforms. Records 
must be kept documenting the time when all such samples were taken and 
the results of the sampling. Records of all such test results shall be 
maintained by management for a 1-year period and must be made available 
for inspection purposes on request.

[[Page 102]]

    (c) Salinity. Primary enclosure pools of water shall be salinized 
for marine cetaceans as well as for those other marine mammals which 
require salinized water for their good health and well-being. The 
salinity of the water in such pools shall be maintained within a range 
of 15-36 parts per thousand.
    (d) Filtration and water flow. Water quality must be maintained by 
filtration, chemical treatment, or other means so as to comply with the 
water quality standards specified in this section.



Sec. 3.107  Sanitation.

    (a) Primary enclosures. (1) Animal and food waste in areas other 
than the pool of water shall be removed from the primary enclosure at 
least daily, and more often when necessary to prevent contamination of 
the marine mammals contained therein and to minimize disease hazards.
    (2) Particulate animal and food waste, trash, or debris that enter 
the primary enclosure pool of water shall be removed as often as 
necessary to maintain the required water quality and to prevent health 
hazards to the marine mammals contained therein.
    (3) The wall and bottom surfaces of the primary enclosure pool of 
water shall be cleaned as often as necessary to maintain proper water 
quality.
    (b) Food preparation areas and food receptacles. Containers, such as 
buckets, tubs, and tanks, as well as utensils, such as knives and 
cutting boards, or any other equipment which has been used for holding, 
thawing or preparing food for marine mammals shall be cleaned and 
sanitized after each feeding, if the marine mammals are fed once a day, 
and at least daily if the marine mammals are fed more than once a day. 
Kitchens and other food handling areas where animal food is prepared 
shall be cleaned at least once daily and sanitized at least once every 
week. Sanitizing shall be accomplished by washing with hot water 
(82 deg. C., 180 deg. F., or higher) and soap or detergent in a 
mechanical dishwasher, or by washing all soiled surfaces with a 
detergent solution followed by a safe and effective disinfectant, or by 
cleaning all soiled surfaces with live steam. Substances such as 
cleansing and sanitizing agents, pesticides, and other potentially toxic 
agents must be stored in properly labeled containers away from food 
preparation surface areas.
    (c) Housekeeping. Buildings and grounds, as well as exhibit areas, 
shall be kept clean and in good repair. Fences shall be maintained in 
good repair. Primary enclosures housing marine mammals shall not have 
any loose objects, sharp projections, and/or edges which may cause 
injury or trauma to the marine mammals contained therein.
    (d) Pest control. A safe and effective program for the control of 
insects, ectoparasites, and avian and mammalian pests shall be 
established and maintained. Insecticides or other such chemical agents 
shall not be applied in a primary enclosure housing marine mammals 
except when deemed essential by an attending veterinarian.



Sec. 3.108  Employees or attendants.

    A sufficient number of adequately trained employees or attendants 
responsible to management shall be utilized to maintain the prescribed 
level of husbandry practices set forth in this subpart. Such practices 
shall be conducted under the supervision of a marine mammal caretaker 
who has a background in marine mammal husbandry and care. Training of 
marine mammals shall be done by or under the direct supervision of 
experienced trainers without physical punishment or abuse being used or 
inflicted upon the marine mammals.



Sec. 3.109  Separation.

    Marine mammals which are not compatible shall not be housed in the 
same enclosure. Marine mammals shall not be housed near animals that 
would cause them stress or discomfort, or interfere with their good 
health. Captive marine mammals must be given access to other animals 
except when they are temporarily maintained in isolation for such 
purposes as medical treatment or training and given special attention.



Sec. 3.110  Veterinary care.

    (a) Newly acquired marine mammals shall be isolated from resident 
marine

[[Page 103]]

mammals until such newly acquired marine mammals can be reasonably 
determined to be in good health. Any communicable disease condition in a 
newly acquired marine mammal must be remedied before it is placed with 
other resident marine mammals.
    (b) Any primary enclosure containing a marine mammal with an 
infectious or contagious disease shall be cleaned and sanitized in the 
manner prescribed by the attending veterinarian. No additional animals 
shall be introduced into the primary enclosure prior to such cleaning 
and sanitizing procedures. Any marine mammal exposed to a diseased 
animal shall be isolated for observation for an appropriate period of 
time as determined by the attending veterinarian.
    (c) Temporary holding facilities with adequately and properly 
designed pools, tanks, restraining devices or primary enclosures shall 
be provided for isolation, medication, treatment, and other purposes 
such as transfer and training of marine mammals. The pools, tanks and 
primary enclosures may be less than minimum size in both lateral 
dimensions and depth when used in special situations when prescribed by 
the professional staff for temporary usage.
    (d) A complete necropsy must be conducted by or under the direct 
supervision of a veterinarian on all marine mammals that die in 
captivity. A necropsy report must be prepared by the veterinarian 
listing all pathologic lesions observed and giving the apparent cause of 
death. All diagnostic tests conducted on post mortem specimens shall be 
listed in the report, and the results of each test recorded. The 
management of the facility, at which the marine mammal died, must 
maintain these necropsy records for a period of 3 years and present them 
to Department inspectors when requested.
[44 FR 36874, June 22, 1979, as amended at 54 FR 36163, Aug. 31, 1989]



Sec. 3.111  [Reserved]

                        Transportation Standards



Sec. 3.112  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any marine 
mammal presented by any dealer, research facility, exhibitor, operator 
of an auction sale, or other person, or any department, agency, or 
instrumentality of the United States or any State or local government 
for shipment, in commerce, more than 4 hours prior to the scheduled 
departure of the primary conveyance on which it is to be transported: 
Provided, however, That the carrier or intermediate handler and any 
dealer, research facility, exhibitor, operator of an auction sale, or 
other person, or any department, agency, or instrumentality of the 
United States of any State or local government may mutually agree to 
extend the time of acceptance to not more than 6 hours if specific prior 
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for 
transportation or transport, in commerce, any marine mammal in a primary 
enclosure which conforms to the requirements set forth in Sec. 3.113 of 
the standards: Provided, however, That any carrier or intermediate 
handler may accept for transportation or transport, in commerce, any 
marine mammal consigned by any department, agency, or instrumentality of 
the United States having laboratory animal facilities or exhibiting 
animals or any licensed or registered dealer, research facility, 
exhibitor, or operator of an auction sale if the consignor furnishes to 
the carrier or intermediate handler a certificate, signed by the 
consignor, stating that the primary enclosure complies with Sec. 3.113 
of the standards, unless such primary enclosure is obviously defective 
or damaged and it is apparent that it

[[Page 104]]

cannot reasonably be expected to contain the marine mammal without 
causing suffering or injury to such marine mammal. A copy of such 
certificate shall accompany the shipment to destination. The certificate 
shall include at least the following information:
    (1) Name and address of the consignor;
    (2) The number of animals in the primary enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the ------ 
(number) primary enclosure(s) which are used to transport the animal(s) 
in this shipment complies (comply) with USDA standards for primary 
enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.
    (c) Carriers or intermediate handlers whose facilities fail to meet 
the minimum temperature allowed by the standards may accept for 
transportation or transport, in commerce, any marine mammal consigned by 
any department, agency, or instrumentality of the United States or of 
any State or local government, or by any person (including any licensee 
or registrant under the Act, as well as any private individual) if the 
consignor furnishes to the carrier or intermediate handler a certificate 
executed by a veterinarian accredited by this Department pursuant to 
part 160 of this title on a specified date which shall not be more than 
10 days prior to delivery of such animal for transportation in commerce, 
stating that such marine mammal is acclimated to air temperatures lower 
than those prescribed in Secs. 3.117 and 3.118. A copy of such 
certificate shall accompany the shipment to destination. The certificate 
to include at least the following information:
    (1) Name and address of the consignor;
    (2) The number of animals in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the 
animal(s) in this shipment is (are), to the best of my knowledge, 
acclimated to air temperatures lower than 7.2 deg. C. (45 deg. F.)''); 
and
    (4) The signature of the USDA accredited veterinarian, assigned 
accreditation number, and date.
    (d) Carriers and intermediate handlers shall attempt to notify the 
consigned at least once in every 6-hour period following the arrival of 
any marine mammals at the animal holding area of the terminal cargo 
facility. The time, date, and method of each attempted notification and 
the final notification to the consignee and the name of the person 
notifying the consignee shall be recorded on the copy of the shipping 
document retained by the carrier or intermediate handler and on a copy 
of the shipping document accompanying the animal shipment.
[44 FR 36874, June 22, 1979, as amended at 44 FR 63493, Nov. 2, 1979]



Sec. 3.113  Primary enclosures used to transport marine mammals.

    No dealer, research facility, exhibitor, or operator of an auction 
sale shall offer for transportation or transport, in commerce, any 
marine mammal in a primary enclosure which does not conform to the 
following requirements:
    (a) Primary enclosures, which are used to transport marine mammals 
other than cetaceans and sirenians, shall (1) be constructed from 
materials of sufficient structural strength to contain the marine 
mammals; (2) be constructed from material that is durable, nontoxic, and 
cannot be chewed and/or swallowed; (3) be able to withstand the normal 
rigors of transportation; (4) have interiors which are free from any 
protrusions that could be injurious to the marine mammals contained 
therein; (5) be constructed so that no parts of the contained marine 
mammals shall be exposed to the outside of the enclosures in such a way 
which may cause injury to the animals or to persons who are nearby or 
who handle the enclosures; (6) have openings which provide access into 
the enclosures which shall be secured with locking devices of a type 
which cannot be accidentally opened; (7) have such openings located in a 
manner which makes them easily accessible at all times for emergency 
removal of any live marine mammal contained therein; (8) have air inlets 
at heights which will provide cross ventilation at all levels 
(particularly when the marine mammals are in a prone position) and 
located on all four sides of the enclosures, and such

[[Page 105]]

ventilation openings shall be not less than 16 percent of the total 
surface area of each side of the enclosures; (9) have projecting rims or 
other devices placed on the ends and sides of any enclosures which have 
ventilation openings to provide a minimum air circulation space of 1.9 
centimeters (0.75 inches) between the enclosures and any adjacent cargo 
or conveyance wall; and (10) be equipped with adequate handholds or 
other devices on the exterior of the enclosures which shall enable them 
to be lifted without unnecessary tilting and which will ensure that the 
persons handling the enclosures will not come in contact with any marine 
mammal contained therein.
    (b) Straps, slings, harnesses, or other devices, if used for body 
support or restraint, when transporting marine mammals such as cetaceans 
and sirenians shall (1) be designed so as not to prevent access to such 
mammals by attendants during transportation for the purpose of 
administering in transit care; (2) be equipped with special padding to 
prevent trauma or injury at critical weight pressure points on the body 
of the marine mammals; and (3) be capable of keeping the animals from 
thrashing about and causing injury to themselves or their attendants, 
and yet be adequately designed so as not to cause injury to the animals.
    (c) Primary enclosures used to transport live marine mammals shall 
be large enough to assure that (1) in the case of polar bears and sea 
otters, there is sufficient space to turn about freely in a stance 
whereby all four feet are on the floor and the animal can sit in an 
upright position and lie in a natural position; (2) in the case of 
pinnipeds, each animal has sufficient space to lie in a natural 
position; and (3) in the case of cetaceans and sirenians, each animal 
has sufficient space for support of its body in slings, harnesses, or 
other supporting devices, if used (as prescribed in paragraph (b) of 
this section) without causing injury to such cetaceans or sirenians due 
to contact with the primary enclosure: Provided, however, That certain 
species may be restricted in their movements according to professionally 
acceptable standards when such freedom of movement would constitute a 
danger to the animals, their handlers, or other persons.
    (d) Marine mammals transported in the same primary enclosure shall 
be of the same species and maintained in compatible groups. Marine 
mammals which have not reached puberty shall not be transported in the 
same primary enclosure with adult marine mammals other than their dams. 
Socially dependent animals (e.g., sibling, dam, and other members of a 
family group) must be allowed visual and olfactory contact. Female 
marine mammals shall not be transported in the same primary enclosure 
with any mature male marine mammals.
    (e) Primary enclosures used to transport marine mammals as provided 
in this section shall have solid bottoms to prevent leakage in shipment 
and shall be cleaned and sanitized in a manner prescribed in Sec. 3.107 
of the standards, if previously used. Such primary enclosures shall 
contain clean litter of a suitable absorbent material, which is safe and 
nontoxic to the marine mammals contained therein, in sufficient quantity 
to absorb and cover excreta, unless the animals are on wire or other 
nonsolid floors.
    (f) Primary enclosures used to transport marine mammals, except 
where such primary enclosures are permanently affixed in the animal 
cargo space of the primary conveyance, shall be clearly marked on top 
and on one or more sides with the words ``Live Animal'' or ``Wild 
Animal'', whichever is appropriate, in letters not less than 2.5 
centimeters (1 inch) in height, and with arrows or other markings, to 
indicate the correct upright position of the container.
    (g) Documents accompanying the shipment shall be attached in an 
easily accessible manner to the outside of a primary enclosure which is 
part of such shipment.
    (h) When a primary enclosure is permanently affixed within the 
animal cargo space of the primary conveyance so that the front opening 
is the only source of ventilation for such primary enclosure, the front 
opening shall open directly to the outside or to an unobstructed aisle 
or passageway within the primary conveyance. Such front ventilation 
opening shall be at least 90

[[Page 106]]

percent of the total surface area of the front wall of the primary 
enclosure and covered with bars, wire mesh, or smooth expanded metal.



Sec. 3.114  Primary conveyances (motor vehicle, rail, air and marine).

    (a) The animal cargo space of primary conveyances used in 
transporting live marine mammals shall be constructed in a manner which 
will protect the health and assure the safety and comfort of the marine 
mammals contained therein at all times.
    (b) The animal cargo space shall be constructed and maintained in a 
manner which will prevent the ingress of engine exhaust fumes and gases 
in excess of that ordinarily contained in the passenger compartments.
    (c) No marine mammal shall be placed in an animal cargo space that 
does not have a supply of air sufficient for normal breathing for each 
live animal contained therein, and the primary enclosures shall be 
positioned in the animal cargo spaces of primary conveyances in such a 
manner that each marine mammal contained therein shall have access to 
sufficient air for normal breathing.
    (d) Primary enclosures shall be positioned in primary conveyances in 
such a manner that in an emergency the live marine mammals can be 
removed from the conveyances as soon as possible.
    (e) The interiors of animal cargo spaces in primary conveyances 
shall be kept clean.
    (f) Live marine mammals shall not knowingly be transported with any 
material, substance or device which may be injurious to the health and 
well-being of such marine mammals unless proper precaution is taken to 
prevent such injury.



Sec. 3.115  Food and water requirements.

    (a) Those marine mammals which require drinking water shall be 
offered potable water within 4 hours prior to being transported in 
commerce or offered for transportation in commerce. Such marine mammals 
shall be watered as often as necessary and appropriate to the species 
involved to prevent excessive dehydration which would jeopardize the 
good health and well-being of the animals.
    (b) Marine mammals shall not be transported for more than a period 
of 36 hours without being offered food. When an employee or attendant is 
required to accompany a shipment of marine mammals, as provided in 
Sec. 3.116 of these standards, such marine mammals shall be fed during 
transit when necessary to provide for their good health and well-being.



Sec. 3.116  Care in transit.

    (a) An employee or attendant of the shipper or receiver of any 
marine mammal being transported, in commerce, knowledgeable in the area 
of marine mammal care, shall accompany cetaceans, sirenians, pinnipeds, 
and sea otters during periods of transportation to provide for their 
good health and well-being, to observe such marine mammals and to 
determine whether they need veterinary care and to obtain any needed 
veterinary care as soon as possible.
    (b) An employee or attendant of the shipper or receiver of cetaceans 
or sirenians being transported, in commerce, shall provide for such 
cetaceans and sirenians during periods of transport by (1) keeping the 
skin moist or preventing the drying of the skin by such methods as 
intermittent spraying of water or application of a nontoxic emollient, 
such as lanolin; (2) assuring that the pectoral flippers shall be 
allowed freedom of movement at all times; (3) making adjustments in the 
position of such marine mammals when necessary to prevent necrosis of 
the skin at weight pressure points; and (4) calming such marine mammals 
to avoid struggling, thrashing, and other unnecessary activity which may 
cause overheating or physical trauma. No cetacean or sirenian in need of 
veterinary care shall be transported in commerce, unless such 
transportation is for the purpose of obtaining such care.
    (c) Not less than one-half of the floor area in a primary enclosure 
used to transport sea otters shall be leakproof and shall contain 
sufficient crushed ice or ice water to provide each sea otter contained 
therein with moisture necessary to allow each sea otter to maintain its 
hair coat by preventing it from drying and to minimize soiling of the 
hair coat with urine and fecal material.

[[Page 107]]

No sea otter in need of veterinary care shall be transported in 
commerce, unless such transportation is for the purpose of obtaining 
such care.
    (d) Polar bears need not be accompanied by an employee or attendant 
of the shipper or receiver, unless the period of transportation will 
exceed 24 hours in duration. During surface transportation, it shall be 
the responsibility of the carrier to inspect polar bears unaccompanied 
by an employee or attendant at least every 4 hours to determine whether 
they need veterinary care and to provide any needed veterinary care as 
soon as possible. When transported by air, live polar bears 
unaccompanied by an employee or attendant, shall be inspected by the 
carrier at least every 4 hours if the animal cargo space is accessible 
during flight. If the animal cargo space is not accessible during 
flight, the air carrier shall inspect such live unattended polar bears 
whenever loaded and unloaded and whenever the animal cargo space is 
otherwise accessible to determine whether such unattended live animals 
need veterinary care, and the carrier shall provide any needed 
veterinary care as soon as possible. No polar bear in need of veterinary 
care shall be transported in commerce, unless such transportation is for 
the purpose of obtaining such care.
    (e) Wild or otherwise dangerous marine mammals shall not be taken 
from their primary enclosure except under extreme emergency conditions 
and then only by their trainer or other person who is capable of 
handling such mammals safely.
[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]



Sec. 3.117  Terminal facilities.

    Carriers and intermediate handlers shall not commingle marine mammal 
shipments with inanimate cargo. All animal holding areas of a terminal 
facility of any carrier or intermediate handler wherein marine mammal 
shipments are maintained shall be cleaned and sanitized in a manner 
prescribed in Sec. 3.107 of the standards often enough to prevent an 
accumulation of debris or excreta, to minimize vermin infestation, and 
to prevent a disease hazard. An effective program for the control of 
insects, ectoparasites, and avian and mammalian pests shall be 
established and maintained for all animal holding areas. Any animal 
holding area containing marine mammals shall be provided with fresh air 
by means of windows, door, vents, or air conditioning and may be 
ventilated or air circulated by means of fans, blowers, or an air 
conditioning system so as to minimize drafts, odors, and moisture 
condensation. Auxiliary ventilation, such as exhaust fans and vents or 
fans or blowers or air conditioning shall be used for any animal holding 
area containing marine mammals when the air temperature within such 
animal holding area is 23.9 deg. C. (75 deg. F.) or higher. The air 
temperature around any marine mammal in any animal holding area shall 
not be allowed to fall below 7.2 deg. C. (45 deg. F.). The air 
temperature around any polar bear shall not be allowed to exceed 
29.5 deg. C. (85 deg. F.) at any time and no polar bear shall be 
subjected to surrounding air temperatures which exceed 23.9 deg. C. 
(75 deg. F.) for more than 4 hours at any time. To ascertain compliance 
with the provisions of this paragraph, the air temperature around any 
marine mammal shall be measured and read outside the primary enclosure 
which contains such animal at a distance not to exceed .91 meters (3 
feet) from any one of the external walls of the primary enclosure and on 
a level parallel to the bottom of such primary enclosure at a point 
which approximates half the distance between the top and bottom of such 
primary enclosure.
[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]



Sec. 3.118  Handling.

    (a) Carriers and intermediate handlers shall move marine mammals 
from the animal holding area of the terminal facility to the primary 
conveyance and from the primary conveyance to the animal holding area of 
the terminal facility as expeditiously as possible. Carriers and 
intermediate handlers holding any marine mammal in an animal holding 
area of a terminal facility or in transporting any marine mammal from 
the animal holding area of the terminal facility to the primary

[[Page 108]]

conveyance and from the primary conveyance to the animal holding area of 
the terminal facility, including loading and unloading procedures, shall 
provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to protect 
the marine mammals from the direct rays of the sun and such marine 
mammals shall not be subjected to surrounding air temperatures which 
exceed 29.5 deg. C. (85 deg. F.), and which shall be measured and read 
in the manner prescribed in Sec. 3.117 of this part, for a period of 
more than 45 minutes.
    (2) Shelter from cold weather. Transporting devices shall be covered 
to provide protection for marine mammals when the outdoor air 
temperature falls below 10 deg. C. (50 deg. F.) and such marine mammals 
shall not be subjected to surrounding air temperatures which fall below 
7.2 deg. C. (45 deg. F.), and which shall be measured and read in the 
manner prescribed in Sec. 3.117 of this part, for a period of more than 
45 minutes unless such animals are accompanied by a certificate of 
acclimation to lower temperatures as prescribed in Sec. 3.112(c).
    (b) Care shall be exercised to avoid handling of the primary 
enclosure in such a manner that may cause physical or emotional trauma 
to the marine mammal contained therein.
    (c) Primary enclosures used to transport any marine mammal shall not 
be tossed, dropped, or needlessly tilted and shall not be stacked in a 
manner which may reasonably be expected to result in their falling.
[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]



Subpart F--Specifications for the Humane Handling, Care, Treatment, and 
 Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, 
      Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals

    Source: 36 FR 24925, Dec. 24, 1971, unless otherwise noted. 
Redesignated at 44 FR 36874, July 22, 1979.

                   Facilities and Operating Standards



Sec. 3.125  Facilities, general.

    (a) Structural strength. The facility must be constructed of such 
material and of such strength as appropriate for the animals involved. 
The indoor and outdoor housing facilities shall be structurally sound 
and shall be maintained in good repair to protect the animals from 
injury and to contain the animals.
    (b) Water and power. Reliable and adequate electric power, if 
required to comply with other provisions of this subpart, and adequate 
potable water shall be available on the premises.
    (c) Storage. Supplies of food and bedding shall be stored in 
facilities which adequately protect such supplies against deterioration, 
molding, or contamination by vermin. Refrigeration shall be provided for 
supplies of perishable food.
    (d) Waste disposal. Provision shall be made for the removal and 
disposal of animal and food wastes, bedding, dead animals, trash and 
debris. Disposal facilities shall be so provided and operated as to 
minimize vermin infestation, odors, and disease hazards. The disposal 
facilities and any disposal of animal and food wastes, bedding, dead 
animals, trash, and debris shall comply with applicable Federal, State, 
and local laws and regulations relating to pollution control or the 
protection of the environment.
    (e) Washroom and sinks. Facilities, such as washrooms, basins, 
showers, or sinks, shall be provided to maintain cleanliness among 
animal caretakers.
[36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 36874, June 22, 1979, 
and amended at 44 FR 63492, Nov. 2, 1979]



Sec. 3.126  Facilities, indoor.

    (a) Ambient temperatures. Temperature in indoor housing facilities 
shall be sufficiently regulated by heating or cooling to protect the 
animals from the extremes of temperature, to provide for their health 
and to prevent their discomfort. The ambient temperature shall not be 
allowed to fall below nor rise above temperatures compatible with the 
health and comfort of the animal.

[[Page 109]]

    (b) Ventilation. Indoor housing facilities shall be adequately 
ventilated by natural or mechanical means to provide for the health and 
to prevent discomfort of the animals at all times. Such facilities shall 
be provided with fresh air either by means of windows, doors, vents, 
fans, or air-conditioning and shall be ventilated so as to minimize 
drafts, odors, and moisture condensation.
    (c) Lighting. Indoor housing facilities shall have ample lighting, 
by natural or artificial means, or both, of good quality, distribution, 
and duration as appropriate for the species involved. Such lighting 
shall be uniformly distributed and of sufficient intensity to permit 
routine inspection and cleaning. Lighting of primary enclosures shall be 
designed to protect the animals from excessive illumination.
    (d) Drainage. A suitable sanitary method shall be provided to 
eliminate rapidly, excess water from indoor housing facilities. If 
drains are used, they shall be properly constructed and kept in good 
repair to avoid foul odors and installed so as to prevent any backup of 
sewage. The method of drainage shall comply with applicable Federal, 
State, and local laws and regulations relating to pollution control or 
the protection of the environment.



Sec. 3.127  Facilities, outdoor.

    (a) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort of the animals, sufficient shade by natural or 
artificial means shall be provided to allow all animals kept outdoors to 
protect themselves from direct sunlight.
    (b) Shelter from inclement weather. Natural or artificial shelter 
appropriate to the local climatic conditions for the species concerned 
shall be provided for all animals kept outdoors to afford them 
protection and to prevent discomfort to such animals. Individual animals 
shall be acclimated before they are exposed to the extremes of the 
individual climate.
    (c) Drainage. A suitable method shall be provided to rapidly 
eliminate excess water. The method of drainage shall comply with 
applicable Federal, State, and local laws and regulations relating to 
pollution control or the protection of the environment.



Sec. 3.128  Space requirements.

    Enclosures shall be constructed and maintained so as to provide 
sufficient space to allow each animal to make normal postural and social 
adjustments with adequate freedom of movement. Inadequate space may be 
indicated by evidence of malnutrition, poor condition, debility, stress, 
or abnormal behavior patterns.

                  Animal Health and Husbandry Standards



Sec. 3.129  Feeding.

    (a) The food shall be wholesome, palatable, and free from 
contamination and of sufficient quantity and nutritive value to maintain 
all animals in good health. The diet shall be prepared with 
consideration for the age, species, condition, size, and type of the 
animal. Animals shall be fed at least once a day except as dictated by 
hibernation, veterinary treatment, normal fasts, or other professionally 
accepted practices.
    (b) Food, and food receptacles, if used, shall be sufficient in 
quantity and located so as to be accessible to all animals in the 
enclosure and shall be placed so as to minimize contamination. Food 
receptacles shall be kept clean and sanitary at all times. If self-
feeders are used, adequate measures shall be taken to prevent molding, 
contamination, and deterioration or caking of food.



Sec. 3.130  Watering.

    If potable water is not accessible to the animals at all times, it 
must be provided as often as necessary for the health and comfort of the 
animal. Frequency of watering shall consider age, species, condition, 
size, and type of the animal. All water receptacles shall be kept clean 
and sanitary.



Sec. 3.131  Sanitation.

    (a) Cleaning of enclosures. Excreta shall be removed from primary 
enclosures as often as necessary to prevent contamination of the animals 
contained therein and to minimize disease

[[Page 110]]

hazards and to reduce odors. When enclosures are cleaned by hosing or 
flushing, adequate measures shall be taken to protect the animals 
confined in such enclosures from being directly sprayed with the stream 
of water or wetted involuntarily.
    (b) Sanitation of enclosures. Subsequent to the presence of an 
animal with an infectious or transmissible disease, cages, rooms, and 
hard-surfaced pens or runs shall be sanitized either by washing them 
with hot water (180 F. at source) and soap or detergent, as in a 
mechanical washer, or by washing all soiled surfaces with a detergent 
solution followed by a safe and effective disinfectant, or by cleaning 
all soiled surfaces with saturated live steam under pressure. Pens or 
runs using gravel, sand, or dirt, shall be sanitized when necessary as 
directed by the attending veterinarian.
    (c) Housekeeping. Premises (buildings and grounds) shall be kept 
clean and in good repair in order to protect the animals from injury and 
to facilitate the prescribed husbandry practices set forth in this 
subpart. Accumulations of trash shall be placed in designated areas and 
cleared as necessary to protect the health of the animals.
    (d) Pest control. A safe and effective program for the control of 
insects, ectoparasites, and avian and mammalian pests shall be 
established and maintained.



Sec. 3.132  Employees.

    A sufficient number of adequately trained employees shall be 
utilized to maintain the professionally acceptable level of husbandry 
practices set forth in this subpart. Such practices shall be under a 
supervisor who has a background in animal care.



Sec. 3.133  Separation.

    Animals housed in the same primary enclosure must be compatible. 
Animals shall not be housed near animals that interfere with their 
health or cause them discomfort.



Secs. 3.134--3.135  [Reserved]

                        Transportation Standards

    Source: Sections 3.136 through 3.142 appear at 42 FR 31569, June 21, 
1977, unless otherwise noted. Redesignated at 44 FR 36874, July 22, 
1979.



Sec. 3.136  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any live 
animals presented by any dealer, research facility, exhibitor, operator 
of an auction sale, or other person, or any department, agency, or 
instrumentality of the United States or any State or local government 
for shipment, in commerce, more than 4 hours prior to the scheduled 
departure of the primary conveyance on which it is to be transported: 
Provided, however, That the carrier or intermediate handler and any 
dealer, research facility, exhibitor, operator of an auction sale, or 
other person, or any department, agency, or instrumentality of the 
United States or any State or local government may mutually agree to 
extend the time of acceptance to not more than 6 hours if specific prior 
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for 
transportation or transport, in commerce, any live animal in a primary 
enclosure which conforms to the requirements set forth in Sec. 3.137 of 
the standards: Provided, however, That any carrier or intermediate 
handler may accept for transportation or transport, in commerce, any 
live animal consigned by any department, agency, or instrumentality of 
the United States having laboratory animal facilities or exhibiting 
animals or any licensed or registered dealer, research facility, 
exhibitor, or operator of an auction sale if the consignor furnishes to 
the carrier or intermediate handler a certificate, signed by the 
consignor, stating that the primary enclosure complies with Sec. 3.137 
of the standards, unless such primary enclosure is obviously defective 
or damaged and it is apparent that it cannot reasonably be expected to 
contain the live animal without causing suffering or injury to such live 
animal. A copy of such certificate shall accompany the shipment to 
destination. The certificate shall include at least the following 
information:

[[Page 111]]

    (1) Name and address of the consignor;
    (2) The number of animals in the primary enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the ------ 
(number) primary enclosure(s) which are used to transport the animal(s) 
in this shipment complies (comply) with USDA standards for primary 
enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.
    (c) Carriers or intermediate handlers whose facilities fail to meet 
the minimum temperature allowed by the standards may accept for 
transportation or transport, in commerce, any live animal consigned by 
any department, agency, or instrumentality of the United States or of 
any State or local government, or by any person (including any licensee 
or registrant under the Act, as well as any private individual) if the 
consignor furnishes to the carrier or intermediate handler a certificate 
executed by a veterinarian accredited by this Department pursuant to 
part 160 of this title on a specified date which shall not be more than 
10 days prior to delivery of such animal for transportation in commerce, 
stating that such live animal is acclimated to air temperatures lower 
than those prescribed in Secs. 3.141 and 3.142. A copy of such 
certificate shall accompany the shipment to destination. The certificate 
shall include at least the following information:
    (1) Name and address of the consignor;
    (2) The number of animals in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the 
animal(s) in this shipment is (are), to the best of my knowledge, 
acclimated to air temperatures lower than 7.2 deg. C. (45 deg. F.)''); 
and
    (4) The signature of the USDA accredited veterinarian, assigned 
accrediation number, and date.
    (d) Carriers and intermediate handlers shall attempt to notify the 
consignee at least once in every 6 hour period following the arrival of 
any live animals at the animal holding area of the terminal cargo 
facility. The time, date, and method of each attempted notification and 
the final notification to the consignee and the name of the person 
notifying the consignee shall be recorded on the copy of the shipping 
document retained by the carrier or intermediate handler and on a copy 
of the shipping document accompanying the animal shipment.
[42 FR 31569, June 21, 1977, as amended at 43 FR 21166, May 16, 1978. 
Redesignated at 44 FR 36874, July 22, 1979, and amended at 44 FR 63493, 
Nov. 2, 1979]



Sec. 3.137  Primary enclosures used to transport live animals.

    No dealer, research facility, exhibitor, or operator of an auction 
sale shall offer for transportation or transport, in commerce, any live 
animal in a primary enclosure which does not conform to the following 
requirements:
    (a) Primary enclosures, such as compartments, transport cages, 
cartons, or crates, used to transport live animals shall be constructed 
in such a manner that (1) the structural strength of the enclosure shall 
be sufficient to contain the live animals and to withstand the normal 
rigors of transportation; (2) the interior of the enclosure shall be 
free from any protrusions that could be injurious to the live animals 
contained therein; (3) the opernings of such enclosures are easily 
accessible at all times for emergency removal of the live animals; (4) 
except as provided in paragraph (g) of this section, there are 
ventilation openings located on two opposite walls of the primary 
enclosure and the ventilation openings on each such wall shall be at 
least 16 percent of the total surface area of each such wall, or there 
are ventilation openings located on all four walls of the primary 
enclosure and the ventilation openings on each such wall shall be at 
least 8 percent of the total surface area of each such wall: Provided, 
however, That at least one-third of the total minimum area required for 
ventilation of the primary enclosure shall be located on the lower one-
half of the primary enclosure and at least one-third of the total 
minimum area required for ventilation of the primary enclosure shall be 
located on the upper one-half of the primary enclosure; (5) except as 
provided in paragraph (g) of this section, projecting rims or other 
devices shall be on

[[Page 112]]

the exterior of the outside walls with any ventilation openings to 
prevent obstruction of the ventilation openings and to provide a minimum 
air circulation space of 1.9 centimeters (.75 inch) between the primary 
enclosure and any adjacent cargo or conveyance wall; and (6) except as 
provided in paragraph (g) of this section, adequate handholds or other 
devices for lifting shall be provided on the exterior of the primary 
enclosure to enable the primary enclosure to be lifted without tilting 
and to ensure that the person handling the primary enclosure will not be 
in contact with the animal.
    (b) Live animals transported in the same primary enclosure shall be 
of the same species and maintained in compatible groups. Live animals 
that have not reached puberty shall not be transported in the same 
primary enclosure with adult animals other than their dams. Socially 
dependent animals (e.g., sibling, dam, and other members of a family 
group) must be allowed visual and olfactory contact. Any female animal 
in season (estrus) shall not be transported in the same primary 
enclosure with any male animal.
    (c) Primary enclosures used to transport live animals shall be large 
enough to ensure that each animal contained therein has sufficient space 
to turn about freely and to make normal postural adjustments: Provided, 
however, That certain species may be restricted in their movements 
according to professionally acceptable standards when such freedom of 
movement would constitute a danger to the animals, their handlers, or 
other persons.
    (d) Primary enclosures used to transport live animals as provided in 
this section shall have solid bottoms to prevent leakage in shipment and 
still be cleaned and sanitized in a manner prescribed in Sec. 3.131 of 
the standards, if previously used. Such primary enclosures shall contain 
clean litter of a suitable absorbant material, which is safe and 
nontoxic to the live animals contained therein, in sufficient quantity 
to absorb and cover excreta, unless the animals are on wire or other 
nonsolid floors.
    (e) Primary enclosures used to transport live animals, except where 
such primary enclosures are permanently affixed in the animal cargo 
space of the primary conveyance, shall be clearly marked on top and on 
one or more sides with the words ``Live Animal'' or ``Wild Animal'', 
whichever is appropriate, in letters not less than 2.5 centimeters (1 
inch) in height, and with arrows or other markings to indicate the 
correct upright position of the container.
    (f) Documents accompanying the shipment shall be attached in an 
easily accessible manner to the outside of a primary enclosure which is 
part of such shipment.
    (g) When a primary enclosure is permanently affixed within the 
animal cargo space of the primary conveyance so that the front opening 
is the only source of ventilation for such primary enclosure, the front 
opening shall open directly to the outside or to an unobstructed aisle 
or passageway within the primary conveyance. Such front ventilation 
opening shall be at least 90 percent of the total surface area of the 
front wall of the primary enclosure and covered with bars, wire mesh or 
smooth expanded metal.
[42 FR 31569, June 21, 1977, as amended at 43 FR 21166, May 16, 1978. 
Redesignated at 44 FR 36874, July 22, 1979]



Sec. 3.138  Primary conveyances (motor vehicle, rail, air, and marine).

    (a) The animal cargo space of primary conveyances used in 
transporting live animals shall be designed and constructed to protect 
the health, and ensure the safety and comfort of the live animals 
contained therein at all times.
    (b) The animal cargo space shall be constructed and maintained in a 
manner to prevent the ingress of engine exhaust fumes and gases from the 
primary conveyance during transportation in commerce.
    (c) No live animal shall be placed in an animal cargo space that 
does not have a supply of air sufficient for normal breathing for each 
live animal contained therein, and the primary enclosures shall be 
positioned in the animal cargo space in such a manner that each live 
animal has access to sufficient air for normal breathing.
    (d) Primary enclosures shall be positioned in the primary conveyance 
in such a manner that in an emergency

[[Page 113]]

the live animals can be removed from the primary conveyance as soon as 
possible.
    (e) The interior of the animal cargo space shall be kept clean.
    (f) Live animals shall not be transported with any material, 
substance (e.g., dry ice) or device which may reasonably be expected to 
be injurious to the health and well-being of the animals unless proper 
precaution is taken to prevent such injury.



Sec. 3.139  Food and water requirements.

    (a) All live animals shall be offered potable water within 4 hours 
prior to being transported in commerce. Dealers, exhibitors, research 
facilities and operators of auction sales shall provide potable water to 
all live animals transported in their own primary conveyance at least 
every 12 hours after such transportation is initiated, and carriers and 
intermediate handlers shall provide potable water to all live animals at 
least every 12 hours after acceptance for transportation in commerce: 
Provided, however, That except as directed by hibernation, veterinary 
treatment or other professionally accepted practices, those live animals 
which, by common accepted practices, require watering more frequently 
shall be so watered.
    (b) Each live animal shall be fed at least once in each 24 hour 
period, except as directed by hibernation, veterinary treatment, normal 
fasts, or other professionally accepted practices. Those live animals 
which, by common accepted practice, require feeding more frequently 
shall be so fed.
    (c) A sufficient quantity of food and water shall accompany the live 
animal to provide food and water for such animals for a period of at 
least 24 hours, except as directed by hibernation, veterinary treatment, 
normal fasts, and other professionally accepted practices.
    (d) Any dealer, research facility, exhibitor or operator of an 
auction sale offering any live animal to any carrier or intermediate 
handler for transportation in commerce shall affix to the outside of the 
primary enclosure used for transporting such live animal, written 
instructions concerning the food and water requirements of such animal 
while being so transported.
    (e) No carrier or intermediate handler shall accept any live animals 
for transportation in commerce unless written instructions concerning 
the food and water requirements of such animal while being so 
transported is affixed to the outside of its primary enclosure.



Sec. 3.140  Care in transit.

    (a) During surface transportation, it shall be the responsibility of 
the driver or other employee to visually observe the live animals as 
frequently as circumstances may dictate, but not less than once every 4 
hours, to assure that they are receiving sufficient air for normal 
breathing, their ambient temperatures are within the prescribed limits, 
all other applicable standards are being complied with and to determine 
whether any of the live animals are in obvious physical distress and to 
provide any needed veterinary care as soon as possible. When transported 
by air, live animals shall be visually observed by the carrier as 
frequently as circumstances may dictate, but not less than once every 4 
hours, if the animal cargo space is accessible during flight. If the 
animal cargo space is not accessible during flight, the carrier shall 
visually observe the live animals whenever loaded and unloaded and 
whenever the animal cargo space is otherwise accessible to assure that 
they are receiving sufficient air for normal breathing, their ambient 
temperatures are within the prescribed limits, all other applicable 
standards are being complied with and to determine whether any such live 
animals are in obvious physical distress. The carrier shall provide any 
needed veterinary care as soon as possible. No animal in obvious 
physical distress shall be transported in commerce.
    (b) Wild or otherwise dangerous animals shall not be taken from 
their primary enclosure except under extreme emergency conditions: 
Provided, however, That a temporary primary enclosure may be used, if 
available, and such temporary primary enclosure is structurally strong 
enough to prevent the escape of the animal. During the course of 
transportation, in commerce, live

[[Page 114]]

animals shall not be removed from their primary enclosures unless placed 
in other primary enclosures or facilities conforming to the requirements 
provided in this subpart.



Sec. 3.141  Terminal facilities.

    Carriers and intermediate handlers shall not commingle live animal 
shipments with inanimate cargo. All animal holding areas of a terminal 
facility of any carrier or intermediate handler wherein live animal 
shipments are maintained shall be cleaned and sanitized in a manner 
prescribed in Sec. 3.141 of the standards often enough to prevent an 
accumulation of debris or excreta, to minimize vermin infestation and to 
prevent a disease hazard. An effective program for the control of 
insects, ectoparasites, and avian and mammalian pests shall be 
established and maintained for all animal holding areas. Any animal 
holding area containing live animals shall be provided with fresh air by 
means of windows, doors vents, or air conditioning and may be ventilated 
or air circulated by means of fans, blowers, or an air conditioning 
system so as to minimize drafts, odors, and moisture condensation. 
Auxiliary ventilation, such as exhaust fans and vents or fans or blowers 
or air conditioning shall be used for any animal holding area containing 
live animals when the air temperature within such animal holding area is 
23.9 deg.C. (75. deg.F.) or higher. The air temperature around any live 
animal in any animal holding area shall not be allowed to fall below 
7.2 deg.C. (45 deg.F.) nor be allowed to exceed 29.5 deg.C. (85 deg.F.) 
at any time: Provided, however, That no live animal shall be subjected 
to surrounding air temperatures which exceed 23.9 deg.C. (75 deg.F.) for 
more than 4 hours at any time. To ascertain compliance with the 
provisions of this paragraph, the air temperature around any live animal 
shall be measured and read outside the primary enclosure which contains 
such animal at a distance not to exceed .91 meters (3 feet) from any one 
of the external walls of the primary enclosure and on a level parallel 
to the bottom of such primary enclosure at a point which approximates 
half the distance between the top and bottom of such primary enclosure.
[43 FR 56217, Dec. 1, 1978. Redesignated at 44 FR 36874, July 22, 1979]



Sec. 3.142  Handling.

    (a) Carriers and intermediate handlers shall move live animals from 
the animal holding area of the terminal facility to the primary 
conveyance and from the primary conveyance to the animal holding area of 
the terminal facility as expeditiously as possible. Carriers and 
intermediate handlers holding any live animal in an animal holding area 
of a terminal facility or in transporting any live animal from the 
animal holding area of the terminal facility to the primary conveyance 
and from the primary conveyance to the animal holding area of the 
terminal facility, including loading and unloading procedures, shall 
provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to protect 
the live animals from the direct rays of the sun and such live animals 
shall not be subjected to surrounding air temperatures which exceed 
29.5 deg.C. (85 deg.F.), and which shall be measured and read in the 
manner prescribed in Sec. 3.141 of this part, for a period of more than 
45 minutes.
    (2) Shelter from rain or snow. Live animals shall be provided 
protection to allow them to remain dry during rain or snow.
    (3) Shelter from cold weather. Transporting devices shall be covered 
to provide protection for live animals when the outdoor air temperature 
falls below 10 deg.C. (50 deg.F.) and such live animals shall not be 
subjected to surrounding air temperatures which fall below 7.2 deg.C. 
(45 deg.F.), and which shall be measured and read in the manner 
prescribed in Sec. 3.141 of this part, for a period of more than 45 
minutes unless such animals are accompanied by a certificate of 
acclimation to lower temperatures as prescribed in Sec. 3.136(c).
    (b) Care shall be exercised to avoid handling of the primary 
enclosure in such a manner that may cause physical or emotional trauma 
to the live animal contained therein.
    (c) Primary enclosures used to transport any live animal shall not 
be

[[Page 115]]

tossed, dropped, or needlessly tilted and shall not be stacked in a 
manner which may reasonably be expected to result in their falling.
[43 FR 21167, May 16, 1978, as amended at 43 FR 56217, Dec. 1, 1978. 
Redesignated at 44 FR 36874, July 22, 1979]



PART 4--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL WELFARE ACT--Table of Contents




                           Subpart A--General

Sec.
4.1  Scope and applicability of rules of practice.

                Subpart B--Supplemental Rules of Practice

4.10  Summary action.
4.11  Stipulations.

    Authority: 80 Stat. 353; 7 U.S.C. 2151.

    Source: 42 FR 10959, Feb. 25, 1977, unless otherwise noted.



                           Subpart A--General



Sec. 4.1  Scope and applicability of rules of practice.

    The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal 
Regulations, are the Rules of Practice applicable to adjudicatory, 
administrative proceedings under section 19 of the Animal Welfare Act (7 
U.S.C. 2149). In addition, the Supplemental Rules of Practice set forth 
in subpart B of this part shall be applicable to such proceedings.



                Subpart B--Supplemental Rules of Practice



Sec. 4.10  Summary action.

    (a) In any situation where the Administrator has reason to believe 
that any person licensed under the Act has violated or is violating any 
provision of the Act, or the regulations or standards issued thereunder, 
and he deems it warranted under the circumstances, the Administrator may 
suspend such person's license temporarily, for a period not to exceed 21 
days, effective, except as provided in Sec. 4.10(b), upon written 
notification given to such person of the suspension of his license 
pursuant to Sec. 1.147(b) of the Uniform Rules of Practice (7 CFR 
1.147(b)).
    (b) In any case of actual or threatened physical harm to animals in 
violation of the Act, or the regulations or standards issued thereunder, 
by a person licensed under the Act, the Administrator may suspend such 
person's license temporarily, for a period not to exceed 21 days, 
effective upon oral or written notification, whichever is earlier. In 
the event of oral notification, a written confirmation thereof shall be 
given to such person pursuant to Sec. 1.147(b) of the Uniform Rules of 
Practice (7 CFR 1.147(b)) as promptly as circumstances permit.
    (c) The temporary suspension of a license shall be in addition to 
any sanction which may be imposed against said person by the Secretary 
pursuant to the Act after notice and opportunity for hearing.



Sec. 4.11  Stipulations.

    (a) At any time prior to the issuance of a complaint seeking a civil 
penalty under the Act, the Administrator, in his discretion, may enter 
into a stipulation with any person in which:
    (1) The Administrator gives notice of an apparent violation of the 
Act, or the regulations or standards issued thereunder, by such person 
and affords such person an opportunity for a hearing regarding the 
matter as provided by the Act;
    (2) Such person expressly waives hearing and agrees to pay a 
specified penalty within a designated time; and
    (3) The Administrator agrees to accept the specified penalty in 
settlement of the particular matter involved if it is paid within the 
designated time.
    (b) If the specified penalty is not paid within the time designated 
in such a stipulation, the amount of the stipulated penalty shall not be 
relevant in any respect to the penalty which may be assessed after 
issuance of a complaint.



PART 11--HORSE PROTECTION REGULATIONS--Table of Contents




Sec.
11.1  Definitions.
11.2  Prohibitions concerning exhibitors.
11.3  Scar rule.

[[Page 116]]

11.4  Inspection and detention of horses.
11.5  Access to premises and records.
11.6  Inspection space and facility requirements.
11.7  Certification and licensing of designated qualified persons 
          (DQP's).
11.20  Responsibilities and liabilities of managment.
11.21  Inspection procedures for designated qualified persons (DQP's).
11.22  Records required and disposition thereof.
11.23  Inspection of records.
11.24  Reporting by management.
11.40  Prohibitions and requirements concerning persons involved in 
          transportation of certain horses.
11.41  Reporting required of horse industry organizations or 
          associations.

    Authority: 15 U.S.C. 1823, 1824, 1825, and 1828; 44 U.S.C. 3506.

    Source: 44 FR 25179, Apr. 27, 1979, unless otherwise noted.



Sec. 11.1  Definitions.

    For the purpose of this part, unless the context otherwise requires, 
the following terms shall have the meanings assigned to them in this 
section. The singular form shall also impart the plural and the 
masculine form shall also impart the feminine. Words of art undefined in 
the following paragraphs shall have the meaning attributed to them by 
trade usage or general usage as reflected by definition in a standard 
dictionary, such as ``Webster's.''
    Act means the Horse Protection Act of 1970 (Pub. L. 91-540) as 
amended by the Horse Protection Act Amendments of 1976 (Pub. L. 94-360), 
15 U.S.C. 1821 et seq., and any legislation amendatory thereof.
    Action Device means any boot, collar, chain, roller, or other device 
which encircles or is placed upon the lower extremity of the leg of a 
horse in such a manner that it can either rotate around the leg, or 
slide up and down the leg so as to cause friction, or which can strike 
the hoof, coronet band or fetlock joint.
    Administrator means the Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS) means the Animal 
and Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative means any employee of APHIS, or any officer or 
employee of any State agency who is authorized by the Administrator to 
perform inspections or any other functions authorized by the Act, 
including the inspection of the records of any horse show, horse 
exhibition, horse sale or horse auction.
    APHIS Show Veterinarian means the APHIS Doctor of Veterinary 
Medicine responsible for the immediate supervision and conduct of the 
Department's activities under the Act at any horse show, horse 
exhibition, horse sale or horse auction.
    Department means the United States Department of Agriculture.
    Designated Qualified Person or DQP means a person meeting the 
requirements specified in Sec. 11.7 of this part who has been licensed 
as a DQP by a horse industry organization or association having a DQP 
program certified by the Department and who may be appointed and 
delegated authority by the management of any horse show, horse 
exhibition, horse sale or horse auction under section 4 of the Act to 
detect or diagnose horses which are sore or to otherwise inspect horses 
and any records pertaining to such horses for the purposes of enforcing 
the Act.
    Exhibitor means (1) any person who enters any horse, any person who 
allows his horse to be entered, or any person who directs or allows any 
horse in his custody or under his direction, control or supervision to 
be entered in any horse show or horse exhibition; (2) any person who 
shows or exhibits any horse, any person who allows his horse to be shown 
or exhibited, or any person who directs or allows any horse in his 
custody or under his direction, control, or supervision to be shown or 
exhibited in any horse show or horse exhibition; (3) any person who 
enters or presents any horse for sale or auction, any person who allows 
his horse to be entered or presented for sale or auction, or any person 
who allows any horse in his custody or under his direction, control, or 
supervision to be entered or presented for sale or auction in any horse 
sale or horse auction; or (4) any person who sells or auctions any 
horse, any person

[[Page 117]]

who allows his horse to be sold or auctioned, or any person who directs 
or allows any horse in his custody or under his direction, control, or 
supervision to be sold or auctioned.
    Horse means any member of the species Equus caballus.
    Horse Exhibition means a public display of any horses, singly or in 
groups, but not in competition, except events where speed is the prime 
factor, rodeo events, parades, or trail rides.
    Horse Industry Organization or Association means an organized group 
of people, having a formal structure, who are engaged in the promotion 
of horses through the showing, exhibiting, sale, auction, registry, or 
any activity which contributes to the advancement of the horse.
    Horse Sale or Horse Auction means any event, public or private, at 
which horses are sold or auctioned, regardless of whether or not said 
horses are exhibited prior to or during the sale or auction.
    Horse Show means a public display of any horses, in competition, 
except events where speed is the prime factor, rodeo events, parades, or 
trail rides.
    Inspection means the examination of any horse and any records 
pertaining to any horse by use of whatever means are deemed appropriate 
and necessary for the purpose of determining compliance with the Act and 
regulations. Such inspection may include, but is not limited to, visual 
examination of a horse and records, actual physical examination of a 
horse including touching, rubbing, palpating and observation of vital 
signs, and the use of any diagnostic device or instrument, and may 
require the removal of any shoe, pad, action device, or any other 
equipment, substance or paraphernalia from the horse when deemed 
necessary by the person conducting such inspection.
    Lubricant means mineral oil, glycerine or petrolatum, or mixtures 
exclusively thereof, that is applied to the limbs of a horse solely for 
protective and lubricating purposes while the horse is being shown or 
exhibited at a horse show, horse exhibition, horse sale or horse 
auction.
    Management means any person or persons who organize, exercise 
control over, or administer or are responsible for organizing, 
directing, or administering any horse show, horse exhibition, horse sale 
or horse auction and specifically includes, but is not limited to, the 
sponsoring organization and show manager.
    Person means any individual, corporation, company, association, 
firm, partnership, society, organization, joint stock company, or other 
legal entity.
    Secretary means the Secretary of Agriculture or anyone who has 
heretofore or may hereafter be delegated authority to act in his stead.
    Sector Supervisor means the APHIS veterinarian who is assigned by 
the Administrator to supervise and perform official duties of APHIS 
under the Act in a specified State or States.\1\
---------------------------------------------------------------------------


    \1\ Information as to the name and address of the Sector Supervisor 
for the State or States concerned can be obtained by writing to the 
Animal and Plant Health Inspection Service, Regulatory Enforcement and 
Animal Care, Animal Care, 4700 River Road, Unit 84, Riverdale, Maryland 
20737-1234.
---------------------------------------------------------------------------

    Show Manager means the person who has been delegated primary 
authority by a sponsoring organization for managing a horse show, horse 
exhibition, horse sale or horse auction.
    Sore when used to describe a horse means:
    (1) An irritating or blistering agent has been applied, internally 
or externally by a person to any limb of a horse,
    (2) Any burn, cut, or laceration has been inflicted by a person on 
any limb of a horse,
    (3) Any tack, nail, screw, or chemical agent has been injected by a 
person into or used by a person on any limb of a horse, or
    (4) Any other substance or device has been used by a person on any 
limb of a horse or a person has engaged in a practice involving a horse, 
and, as a result of such application, infliction, injection, use, or 
practice, such horse suffers, or can reasonably be expected to suffer, 
physical pain or distress, inflammation, or lameness when walking, 
trotting, or otherwise moving, except that such term does not include 
such an application, infliction, injection, use, or practice in 
connection with the therapeutic treatment of a

[[Page 118]]

horse by or under the supervision of a person licensed to practice 
veterinary medicine in the State in which such treatment was given.
    Sponsoring Organization means any person under whose immediate 
auspices and responsibility a horse show, horse exhibition, horse sale, 
or horse auction is conducted.
    State means any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
or the Trust Territory of the Pacific Islands.
[44 FR 1561, Jan. 5, 1979, as amended at 53 FR 14782, Apr. 26, 1988; 53 
FR 28372, July 28, 1988; 56 FR 13749, Apr. 4, 1991; 59 FR 67612, Dec. 
30, 1994]



Sec. 11.2  Prohibitions concerning exhibitors.

    (a) General prohibitions. Notwithstanding the provisions of 
paragraph (b) of this section, no chain, boot, roller, collar, action 
device, nor any other device, method, practice, or substance shall be 
used with respect to any horse at any horse show, horse exhibition, or 
horse sale or auction if such use causes or can reasonably be expected 
to cause such horse to be sore.
    (b) Specific prohibitions. The use of any of the following devices, 
equipment, or practices on any horse at any horse show, horse 
exhibition, or horse sale or auction is prohibited:
    (1) All beads, bangles, rollers, and similar devices, with the 
exception of rollers made of lignum vitae (hardwood), aluminum, or 
stainless steel, with individual rollers of uniform size, weight and 
configuration, provided each such device may not weigh more than 6 
ounces, including the weight of the fastener.
    (2) Chains weighing more than 6 ounces each, including the weight of 
the fastener.
    (3) Chains with links that are not of uniform size, weight and 
configuration; and, chains that have twisted links or double links.
    (4) Chains that have drop links on any horse that is being ridden, 
worked on a lead, or otherwise worked out or moved about.
    (5) More than one action device on any one limb of a horse.
    (6) Chains or lignum vitae, stainless steel, or aluminum rollers 
which are not smooth and free of protrusions, projections, rust, 
corrosion, or rough or sharp edges.
    (7)(i) Boots, collars, or any other devices, with protrusions or 
swellings, or rigid, rough, or sharp edges, seams or any other abrasive 
or abusive surface that may contact a horse's leg; and
    (ii) Boots, collars, or any other devices that weigh more than 6 
ounces, except for soft rubber or soft leather bell boots and quarter 
boots that are used as protective devices.
    (8) Pads or other devices on yearling horses (horses up to 2 years 
old) that elevate or change the angle of such horses' hooves in excess 
of 1 inch at the heel.
    (9) Any weight on yearling horses, except a keg or similar 
conventional horseshoe, and any horseshoe on yearling horses that weighs 
more than 16 ounces.
    (10) Artificial extension of the toe length, whether accomplsihed 
with pads, acrylics or any other material or combinations thereof, that 
exceeds 50 percent of the natural hoof length, as measured from the 
coronet band, at the center of the front pastern along the front of the 
hoof wall, to the distal portion of the hoof wall at the tip of the toe. 
The artificial extension shall be measured from the distal portion of 
the hoof wall at the tip of the toe at a 90 degree angle to the proximal 
(foot/hoof) surface of the shoe.
    (11) Toe length that does not exceed the height of the heel by 1 
inch or more. The length of the toe shall be measured from the coronet 
band, at the center of the front pastern along the front of the hoof 
wall to the ground. The heel shall be measured from the coronet band, at 
the most lateral portion of the rear pastern, at a 90 degree angle to 
the ground, not including normal caulks at the rear of a horseshoe that 
do not exceed \3/4\ inch in length. That portion of caulk at the rear of 
a horseshoe in excess of \3/4\ of an inch shall be added to the height 
of the heel in determining the heel/toe ratio.
    (12) Pads that are not made of leather, plastic, or a similar pliant 
material.
    (13) Any object or material inserted between the pad and the hoof 
other

[[Page 119]]

than acceptable hoof packing, which includes pine tar, oakum, live 
rubber, sponge rubber, silicone, commercial hoof packing or other 
substances used to maintain adequate frog pressure or sole consistency.
    (14) Single or double rocker-bars on the bottom surface of 
horseshoes which extend more than 1\1/2\ inches back from the point of 
the toe, or which would cause, or could reasonably be expected to cause, 
an unsteadiness of stance in the horse with resulting muscle and tendon 
strain due to the horse's weight and balance being focused upon a small 
fulcrum point.\2\
---------------------------------------------------------------------------


    \2\ This prohibition is not intended to disallow corrective devices, 
such as Memphis bars which consist of a metal bar(s) crossing from the 
ground surface of one side of the horseshoe to the ground surface of the 
other side of the horseshoe, and the purpose of which is to correct a 
lameness or pathological condition of the foot: Provided, That such 
metal bar(s) do not act as a single fulcrum point so as to affect the 
balance of the horse.
---------------------------------------------------------------------------

    (15) Metal hoof bands, such as used to anchor or strengthen pads and 
shoes, placed less than \1/2\ inch below the coronet band.
    (16) Metal hoof bands that can be easily and quickly loosened or 
tightened by hand, by means such as, but not limited to, a wing-nut or 
similar fastener.
    (17) Any action device or any other device that strikes the coronet 
band of the foot of a horse except for soft rubber or soft leather bell 
boots that are used as protective devices.
    (18) Shoeing a horse, or trimming a horse's hoof in a manner that 
will cause such horse to suffer, or can reasonably be expected to cause 
such horse to suffer pain or distress, inflammation, or lameness when 
walking, trotting, or otherwise moving.
    (19) Lead or other weights attached to the outside of the hoof wall, 
the outside surface of the horseshoe, or any portion of the pad except 
the bottom surface within the horseshoe. Pads may not be hollowed out 
for the purpose of inserting or affixing weights, and weights may not 
extend below the bearing surface of the shoe. Hollow shoes or artificial 
extensions filled with mercury or similar substances are prohibited.
    (c) Substances. All substances are prohibited on the extremities 
above the hoof of any Tennessee Walking Horse or racking horse while 
being shown, exhibited, or offered for sale at any horse show, horse 
exhibition, or horse sale or auction, except lubricants such as 
glycerine, petrolatum, and mineral oil, or mixtures thereof: Provided, 
That:
    (1) The horse show, horse exhibition, or horse sale or auction 
management agrees to furnish all such lubricants and to maintain control 
over them when used at the horse show, horse exhibition, or horse sale 
or auction.
    (2) Any such lubricants shall be applied only after the horse has 
been inspected by management or by a DQP and shall only be applied under 
the supervision of the horse show, horse exhibition, or horse sale, or 
auction management.
    (3) Horse show, horse exhibition, or horse sale or auction 
management makes such lubricants available to Department personnel for 
inspection and sampling as they deem necessary.
    (d) Competition restrictions--2 Year-Old Horses. Horse show or horse 
exhibition workouts or performances of 2-year-old Tennessee Walking 
Horses and racking horses and working exhibitions of 2-year-old 
Tennessee Walking Horses and racking horses (horses eligible to be shown 
or exhibited in 2-year-old classes) at horse sales or horse auctions 
that exceed a total of 10 minutes continuous workout or performance 
without a minimum 5-minute rest period between the first such 10-minute 
period and the second such 10-minute period, and, more than two such 10-
minute periods per performance, class, or workout are prohibited.
    (e) Information requirements--horse related. Failing to provide 
information or providing any false or misleading information required by 
the Act or regulations or requested by Department representatives, by 
any person that owns, trains, shows, exhibits, or sells or has custody 
of, or direction or control over any horse shown, exhibited, sold, or 
auctioned or entered for the purpose of

[[Page 120]]

being shown, exhibited, sold, or auctioned at any horse show, horse 
exhibition, or horse sale or auction is prohibited. Such information 
shall include, but is not limited to: Information concerning the 
registered name, markings, sex, age, and legal ownership of the horse; 
the name and address of the horse's training and/or stabling facilities; 
the name and address of the owner, trainer, rider, any other exhibitor, 
or other legal entity bearing responsibility for the horse; the class in 
which the horse is entered or shown; the exhibitor identification 
number; and, any other information reasonably related to the 
identification, ownership, control, direction, or supervision of any 
such horse.
[44 FR 25179, Apr. 27, 1979, as amended at 53 FR 14782, Apr. 26, 1988, 
53 FR 15641, May 2, 1988, 53 FR 28372, July 28, 1988, 53 FR 41562, Oct. 
24, 1988, 53 FR 45854, Nov. 14, 1988; 54 FR 7178, Feb. 17, 1989]



Sec. 11.3  Scar rule.

    The scar rule applies to all horses born on or after October 1, 
1975. Horses subject to this rule that do not meet the following scar 
rule criteria shall be considered to be ``sore'' and are subject to all 
prohibitions of section 5 of the Act. The scar rule criteria are as 
follows:
    (a) The anterior and anterior-lateral surfaces of the fore pasterns 
(extensor surface) must be free of bilateral granulomas,\5\ other 
bilateral pathological evidence of inflammation, and, other bilateral 
evidence of abuse indicative of soring including, but not limited to, 
excessive loss of hair.
---------------------------------------------------------------------------


    \3-4\[Reserved]
    5 Granuloma is defined as any one of a rather large group 
of fairly distinctive focal lesions that are formed as a result of 
inflammatory reactions caused by biological, chemical, or physical 
agents.
---------------------------------------------------------------------------

    (b) The posterior surfaces of the pasterns (flexor surface), 
including the sulcus or ``pocket'' may show bilateral areas of uniformly 
thickened epithelial tissue if such areas are free of proliferating 
granuloma tissue, irritation, moisture, edema, or other evidence of 
inflammation.
[44 FR 25179, Apr. 27, 1979, as amended at 53 FR 14782, Apr. 26, 1988, 
53 FR 28373, July 28, 1988]



Sec. 11.4  Inspection and detention of horses.

    For the purpose of effective enforcement of the Act:
    (a) Each horse owner, exhibitor, trainer, or other person having 
custody of, or responsibility for, any horse at any horse show, horse 
exhibition, or horse sale or auction, shall allow any APHIS 
representative to reasonably inspect such horse at all reasonable times 
and places the APHIS representative may designate. Such inspections may 
be required of any horse which is stabled, loaded on a trailer, being 
prepared for show, exhibition, or sale or auction, being exercised or 
otherwise on the grounds of, or present at, any horse show, horse 
exhibition, or horse sale or auction, whether or not such horse has or 
has not been shown, exhibited, or sold or auctioned, or has or has not 
been entered for the purpose of being shown or exhibited or offered for 
sale or auction at any such horse show, horse exhibition, or horse sale 
or auction. APHIS representatives will not generally or routinely delay 
or interrupt actual individual classes or performances at horse shows, 
horse exhibitions, or horse sales or auctions for the purpose of 
examining horses, but they may do so in extraordinary situations, such 
as but not limited to, lack of proper facilities for inspection, refusal 
of management to cooperate with Department inspection efforts, reason to 
believe that failure to immediately perform inspection may result in the 
loss, removal, or masking of any evidence of a violation of the Act or 
the regulations, or a request by management that such inspections be 
performed by an APHIS representative.
    (b) When any APHIS representative notifies the owner, exhibitor, 
trainer, or other person having custody of or responsibility for a horse 
at any horse show, horse exhibition, or horse sale or auction that APHIS 
desires to inspect such horse, it shall not be moved from the horse 
show, horse exhibition, or

[[Page 121]]

horse sale or auction until such inspection has been completed and the 
horse has been released by an APHIS representative.
    (c) For the purpose of examination, testing, or taking of evidence, 
APHIS representatives may detain for a period not to exceed 24 hours any 
horse, at any horse show, horse exhibition, or horse sale or auction, 
which is sore or which an APHIS veterinarian has probable cause to 
believe is sore. Such detained horse may be marked for identification 
and any such identifying markings shall not be removed by any person 
other than an APHIS representative.
    (d) Detained horses shall be kept under the supervision of an APHIS 
representative or secured under an official USDA seal or seals in a 
horse stall, horse trailer, or other facility to which access shall be 
limited. It shall be the policy of APHIS to have at least one 
representative present in the immediate detention area when a horse is 
being held in detention. The official USDA seal or seals may not be 
broken or removed by any person other than an APHIS representative, 
unless:
    (1) The life or well-being of the detained horse is immediately 
endangered by fire, flood, windstorm, or other dire circumstances that 
are beyond human control.
    (2) The detained horse is in need of such immediate veterinary 
attention that its life may be in peril before an APHIS representative 
can be located.
    (3) The horse has been detained for a maximum 24-hour detention 
period, and an APHIS representative is not available to release the 
horse.
    (e) The owner, exhibitor, trainer, or other person having custody of 
or responsibility for any horse detained by APHIS for further 
examination, testing, or the taking of evidence shall be allowed to 
feed, water, and provide other normal custodial and maintenance care, 
such as walking, grooming, etc., for such detained horse: Provided, 
That:
    (1) Such feeding, watering, and other normal custodial and 
maintenance care of the detained horse is rendered under the direct 
supervision of an APHIS representative.
    (2) Any non-emergency veterinary care of the detained horse 
requiring the use, application, or injection of any drugs or other 
medication for therapeutic or other purposes is rendered by a Doctor of 
Veterinary Medicine in the presence of an APHIS representative and, the 
identity and dosage of the drug or other medication used, applied, or 
injected and its purpose is furnished in writing to the APHIS 
representative prior to such use, application, or injection by the 
Doctor of Veterinary Medicine attending the horse. The use, application, 
or injection of such drug or other medication must be approved by the 
APHIS Show Veterinarian or his appointed representative.
    (f) It shall be the policy of APHIS to inform the owner, trainer, 
exhibitor, or other person having immediate custody of or responsibility 
for any horse allegedly found to be in violation of the Act or the 
regulations of such alleged violation or violations before the horse is 
released by an APHIS representative.
    (g) The owner, trainer, exhibitor, or other person having immediate 
custody of or responsibility for any horse or horses that an APHIS 
representative determines shall be detained for examination, testing, or 
taking of evidence pursuant to paragraph (e) of this section shall be 
informed after such determination is made and shall allow said horse to 
be immediately put under the supervisory custody of APHIS or secured 
under official USDA seal as provided in paragraph (d) of this section 
until the completion of such examination, testing, or gathering of 
evidence, or until the 24-hour detention period expires.
    (h) The owner, trainer, exhibitor, or other person having custody of 
or responsibility for any horse allegedly found to be in violation of 
the Act or regulations, and who has been notified of such alleged 
violation by an APHIS representative as stated in paragraph (f) of this 
section, may request reexamination and testing of said horse within a 
24-hour period: Provided, That:
    (1) Such request is made to the APHIS Show Veterinarian immediately 
after the horse has been examined by APHIS representatives and before 
such horse has been removed from the APHIS inspection facilities; and

[[Page 122]]

    (2) The APHIS Show Veterinarian determines that sufficient cause for 
reexamination and testing exists; and
    (3) The horse is maintained under APHIS supervisory custody as 
prescribed in paragraph (d) of this section until such reexamination and 
testing has been completed.
    (i) The owner, exhibitor, trainer, or other person having custody 
of, or responsibility for any horse being inspected shall render such 
assistance as the APHIS representative may request for purposes of such 
inspection.
    (ii)  [Reserved]
[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]



Sec. 11.5  Access to premises and records.

    Requirements regarding access to premises for inspection of horses 
and records are as follows:
    (a) Management. (1) The management of any horse show, horse 
exhibition, or horse sale or auction shall, without fee, charge, 
assessment, or other compensation, provide APHIS representatives with 
unlimited access to the grandstands, sale ring, barns, stables, grounds, 
offices, and all other areas of any horse show, horse exhibition, or 
horse sale or auction, including any adjacent areas under their 
direction, control, or supervision for the purpose of inspecting any 
horses, or any records required to be kept by regulation or otherwise 
maintained.
    (2) The management of any horse show, horse exhibition, or horse 
sale or auction shall, without fee, charge, assessment, or other 
compensation, provide APHIS representatives with an adequate, safe, and 
accessible area for the visual inspection and observation of horses 
while such horses are competitively or otherwise performing at any horse 
show or horse exhibition, or while such horses are being sold or 
auctioned or offered for sale or auction at any horse sale or horse 
auction.
    (b) Exhibitors. (1) Each horse owner, exhibitor, or other person 
having custody of or responsibility for any horse at any horse show, 
horse exhibition, or horse sale or auction shall, without fee, charge, 
assessment, or other compensation, admit any APHIS representative or 
Designated Qualified Person appointed by management, to all areas of 
barns, compounds, horse vans, horse trailers, stables, stalls, paddocks, 
or other show, exhibition, or sale or auction grounds or related areas 
at any horse show, horse exhibition, or horse sale or auction, for the 
purpose of inspecting any such horse at any and all reasonable times.
    (2) Each owner, trainer, exhibitor, or other person having custody 
of or responsibility for, any horse at any horse show, horse exhibition, 
or horse sale or auction shall promptly present his horse for inspection 
upon notification, orally or in writing, by any APHIS representative or 
Designated Qualified Person appointed by management, that said horse has 
been selected for examination for the purpose of determining whether 
such horse is in compliance with the Act and regulations.
[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]



Sec. 11.6  Inspection space and facility requirements.

    The management of every horse show, horse exhibition, or horse sale 
or auction, containing Tennessee Walking Horses or racking horses, shall 
provide, without fee, sufficient space and facilities for APHIS 
representatives to carry out their duties under the Act and regulations 
at every horse show, horse exhibition, or horse sale or auction, 
containing Tennessee Walking Horses or racking horses, whether or not 
management has received prior notification or otherwise knows that such 
show may be inspected by APHIS. The management of every horse show, 
horse exhibition, horse sale or auction which does not contain Tennessee 
Walking Horses or racking horses shall provide, without fee, such 
sufficient space and facilities when requested to do so by APHIS 
representatives. With respect to such space and facilities, it shall be 
the responsibility of management to provide at least the following:
    (a) Sufficient space in a convenient location to the horse show, 
horse exhibition, or horse sale or auction arena, acceptable to the 
APHIS Show Veterinarian, in which horses may be physically, 
thermographically, or otherwise inspected.
    (b) Protection from the elements of nature, such as rain, snow, 
sleet, hail,

[[Page 123]]

windstorm, etc., if required by the APHIS Show Veterinarian.
    (c) A means to control crowds or onlookers in order that APHIS 
personnel may carry out their duties without interference and with a 
reasonable measure of safety, if requested by the APHIS Show 
Veterinarian.
    (d) An accessible, reliable, and convenient 110-volt electrical 
power source, if electrical service is available at the show, 
exhibition, or sale or auction site and is requested by the APHIS Show 
Veterinarian.
    (e) An appropriate area adjacent to the inspection area for 
designated horses to wait for inspection, and an area to be used for 
detention of horses.
[44 FR 25181, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]



Sec. 11.7  Certification and licensing of designated qualified persons (DQP's).

    (a) Basic qualifications of DQP applicants. DQP's holding a valid, 
current DQP license issued in accordance with this part may be appointed 
by the management of any horse show, horse exhibition, horse sale, or 
horse auction, as qualified persons in accordance with section 4(c) of 
the Act, to inspect horses to detect or diagnose soring and to otherwise 
inspect horses, or any records pertaining to any horse for the purpose 
of enforcing the Act. Individuals who may be licensed as DQP's under 
this part shall be:
    (1) Doctors of Veterinary Medicine who are accredited in any State 
by the United States Department of Agriculture under part 161 of chapter 
I, title 9 of the Code of Federal Regulations, and who are:
    (i) Members of the American Association of Equine Practitioners, or
    (ii) Large animal practitioners with substantial equine experience, 
or
    (iii) Knowledgeable in the area of equine lameness as related to 
soring and soring practices (such as Doctors of Veterinary Medicine with 
a small animal practice who own, train, judge, or show horses, or 
Doctors of Veterinary Medicine who teach equine related subjects in an 
accredited college or school of veterinary medicine). Accredited Doctors 
of Veterinary Medicine who meet these criteria may be licensed as DQP's 
by a horse industry organization or association whose DQP program has 
been certified by the Department under this part without undergoing the 
formal training requirements set forth in this section.
    (2) Farriers, horse trainers, and other knowledgeable horsemen whose 
past experience and training would qualify them for positions as horse 
industry organization or association stewards or judges (or their 
equivalent) and who have been formally trained and licensed as DQP's by 
a horse industry organization or association whose DQP program has been 
certified by the Department in accordance with this section.
    (b) Certification requirements for DQP programs. The Department will 
not license DQP's on an individual basis. Licensing of DQP's will be 
accomplished only through DQP programs certified by the Department and 
initiated and maintained by horse industry organizations or 
associations. Any horse industry organization or association desiring 
Department certification to train and license DQP's under the Act shall 
submit to the Administrator \6\ a formal request in writing for 
certification of its DQP program and a detailed outline of such program 
for Department approval. Such outline shall include the organizational 
structure of such organization or association and the names of the 
officers or persons charged with the management of the organization or 
association. The outline shall also contain at least the following:
---------------------------------------------------------------------------


    \6\ Animal and Plant Health Inspection Service, Regulatory 
Enforcement and Animal Care, Animal Care, 4700 River Road, Unit 84, 
Riverdale, Maryland 20737-1234.
---------------------------------------------------------------------------

    (1) The criteria to be used in selecting DQP candidates and the 
minimum qualifications and knowledge regarding horses each candidate 
must have in order to be admitted to the program.
    (2) A copy of the formal training program, classroom and practical, 
required to be completed by each DQP candidate before being licensed by 
such horse industry organization or association, including the minimum 
number of hours, classroom and practical, and the subject matter of the 
training program. Such training program must

[[Page 124]]

meet the following minimum standards in order to be certified by the 
Department under the Act.
    (i) Two hours of classroom instruction on the anatomy and physiology 
of the limbs of a horse. The instructor teaching the course must be 
specified, and a resume of said instructor's background, experience, and 
qualifications to teach such course shall be provided to the 
Administrator.\6\
    (ii) Two hours of classroom instruction on the Horse Protection Act 
and regulations and their interpretation. Instructors for this course 
must be furnished or recommended by the Department. Requests for 
instructors to be furnished or recommended must be made to the 
Administrator \6\ in writing at least 30 days prior to such course.
    (iii) Four hours of classroom instruction on the history of soring, 
the physical examination procedures necessary to detect soring, the 
detection and diagnosis of soring, and related subjects. The instructor 
teaching the course must be specified and a summary of said instructor's 
background, experience, and qualifications to teach such course must be 
provided to the Administrator.\6\
    (iv) Four hours of practical instruction in clinics and seminars 
utilizing live horses with actual application of the knowledge gained in 
the classroom subjects covered in paragraphs (b)(2)(i), (ii), and (iii) 
of this section. Methods and procedures required to perform a thorough 
and uniform examination of a horse shall be included. The names of the 
instructors and a resume of their background, academic and practical 
experience, and qualifications to present such instruction shall be 
provided to the Administrator.\6\ Notification of the actual date, time, 
duration, subject matter, and geographic location of such clinics or 
seminars must be sent to the Administrator \6\ at least 10 days prior to 
each such clinic or seminar.
    (v) One hour of classroom instruction regarding the DQP standards of 
conduct promulgated by the licensing organization or association 
pursuant to paragraph (d)(7) of this section.
    (vi) One hour of classroom instruction on recordkeeping and 
reporting requirements and procedures.
    (3) A sample of a written examination which must be passed by DQP 
candidates for successful completion of the program along with sample 
answers and the scoring thereof, and proposed passing and failing 
standards.
    (4) The criteria to be used to determine the qualifications and 
performance abilities of DQP candidates selected for the training 
program and the criteria used to indicate successful completion of the 
training program, in addition to the written examination required in 
paragraph (b)(3) of this section.
    (5) The criteria and schedule for a continuing education program and 
the criteria and methods of monitoring and appraising performance for 
continued licensing of DQP's by such organization or association. A 
continuing education program for DQP's shall consist of not less than 4 
hours of instruction per year.
    (6) Procedures for monitoring horses in the unloading, preparation, 
warmup, and barn areas, or other such areas. Such monitoring may include 
any horse that is stabled, loaded on a trailer, being prepared for show, 
exhibition, sale, or auction, or exercised, or that is otherwise on the 
grounds of, or present at, any horse show, horse exhibition, or horse 
sale or auction.
    (7) The methods to be used to insure uniform interpretation and 
enforcement of the Horse Protection Act and regulations by DQP's and 
uniform procedures for inspecting horses for compliance with the Act and 
regulations;
    (8) Standards of conduct for DQP's promulgated by the organization 
or association in accordance with paragraph (d)(7) of this section; and
    (9) A formal request for Department certification of the DQP 
program.

The horse industry organizations or associations that have formally 
requested Department certification of their DQP training, enforcement, 
and maintenance program will receive a formal notice of certification 
from the Department, or the reasons, in writing, why certification of 
such program cannot be approved. A current list of certified DQP 
programs and licensed DQP's will be published in the Federal Register at 
least once each year, and

[[Page 125]]

as may be further required for the purpose of deleting programs and 
names of DQP's that are no longer certified or licensed, and of adding 
the names of programs and DQP's that have been certified or licensed 
subsequent to the publication of the previous list.
    (c) Licensing of DQP's. Each horse industry organization or 
association receiving Department certification for the training and 
licensing of DQP's under the Act shall:
    (1) Issue each DQP licensed by such horse industry organization or 
association a numbered identification card bearing the name and personal 
signature of the DQP, a picture of the DQP, and the name and address, 
including the street address or post office box and zip code, of the 
licensing organization or association;
    (2) Submit a list to the Administrator \6\ of names and addresses 
including street address or post office box and zip code, of all DQP's 
that have successfully completed the certified DQP program and have been 
licensed under the Act and regulations by such horse industry 
organization or association;
---------------------------------------------------------------------------


    \6\ See footnote 6 to this section.
---------------------------------------------------------------------------

    (3) Notify the Department of any additions or deletions of names of 
licensed DQP's from the licensed DQP list submitted to the Department or 
of any change in the address of any licensed DQP or any warnings and 
license revocations issued to any DQP licensed by such horse industry 
organization or association within 10 days of such change;
    (4) Not license any person as a DQP if such person has been 
convicted of any violation of the Act or regulations occurring after 
July 13, 1976, or paid any fine or civil penalty in settlement of any 
proceeding regarding a violation of the Act or regulations occurring 
after July 13, 1976, for a period of at least 2 years following the 
first such violation, and for a period of at least 5 years following the 
second such violation and any subsequent violation;
    (5) Not license any person as a DQP until such person has attended 
and worked two recognized or affiliated horse shows, horse exhibitions, 
horse sales, or horse auctions as an apprentice DQP and has demonstrated 
the ability, qualifications, knowledge and integrity required to 
satisfactorily execute the duties and responsibilities of a DQP;
    (6) Not license any person as a DQP if such person has been 
disqualified by the Secretary from making detection, diagnosis, or 
inspection for the purpose of enforcing the Act, or if such person's DQP 
license is canceled by another horse industry organization or 
association.
    (d) Requirements to be met by DQP's and Licensing Organizations or 
Associations. (1) Any licensed DQP appointed by the management of any 
horse show, horse exhibition, horse sale or auction to inspect horses 
for the purpose of detecting and determining or diagnosing horses which 
are sore and to otherwise inspect horses for the purpose of enforcing 
the Act and regulations, shall keep and maintain the following 
information and records concerning any horse which said DQP recommends 
be disqualified or excused for any reason at such horse show, horse 
exhibition, horse sale or auction, from being shown, exhibited, sold or 
auctioned, in a uniform format required by the horse industry 
organization or association that has licensed said DQP:
    (i) The name and address, including street address or post office 
box and zip code, of the show and the show manager.
    (ii) The name and address, including street address or post office 
box and zip code, of the horse owner.
    (iii) The name and address, including street address or post office 
box and zip code, of the horse trainer.
    (iv) The name and address, including street address or post office 
box and zip code, of the horse exhibitor.
    (v) The exhibitors number and class number, or the sale or auction 
tag number of said horse.
    (vi) The date and time of the inspection.
    (vii) A detailed description of all of the DQP's findings and the 
nature of the alleged violation, or other reason for disqualifying or 
excusing the horse, including said DQP's statement regarding the 
evidence or facts upon which the decision to disqualify or excuse said 
horse was based.

[[Page 126]]

    (viii) The name, age, sex, color, and markings of the horse; and
    (ix) The name or names of the show manager or other management 
representative notified by the DQP that such horse should be excused or 
disqualified and whether or not such manager or management 
representative excused or disqualified such horse.

Copies of the above records shall be submitted by the involved DQP to 
the horse industry organization or association that has licensed said 
DQP within 72 hours after the horse show, horse exhibition, horse sale, 
or horse auction is over.
    (2) The DQP shall inform the custodian of each horse allegedly found 
in violation of the Act or its regulations, or disqualified or excused 
for any other reason, of such action and the specific reasons for such 
action.
    (3) Each horse industry organization or association having a 
Department certified DQP program shall submit a report to the Department 
containing the following information, from records required in paragraph 
(d)(1) of this section and other available sources, to the Department on 
a monthly basis:
    (i) The identity of all horse shows, horse exhibitions, horse sales, 
or horse auctions that have retained the services of DQP's licensed by 
said organization or association during the month covered by the report. 
Information concerning the identity of such horse shows, horse 
exhibitions, horse sales, or horse auctions shall include:
    (A) The name and location of the show, exhibition, sale, or auction.
    (B) The name and address of the manager.
    (C) The date or dates of the show, exhibition, sale, or auction.
    (ii) The identity of all horses at each horse show, horse 
exhibition, horse sale, or horse auction that the licensed DQP 
recommended be disqualified or excused for any reason. The information 
concerning the identity of such horses shall include:
    (A) The registered name of each horse.
    (B) The name and address of the owner, trainer, exhibitor, or other 
person having custody of or responsibility for the care of each such 
horse disqualified or excused.
    (4) Each horse industry organization or association having a 
Department certified DQP program shall provide, by certified mail if 
personal service is not possible, to the trainer and owner of each horse 
allegedly found in violation of the Act or its regulations or otherwise 
disqualified or excused for any reason, the following information;
    (i) The name and date of the show, exhibition, sale, or auction.
    (ii) The name of the horse and the reason why said horse was 
excused, disqualified, or alleged to be in violation of the Act or its 
regulations.
    (5) Each horse industry organization or association having a 
Department certified DQP program shall provide each of its licensed 
DQP's with a current list of all persons that have been disqualified by 
order of the Secretary from showing or exhibiting any horse, or judging 
or managing any horse show, horse exhibition, horse sale, or horse 
auction. The Department will make such list available, on a current 
basis, to organizations and associations maintaining a certified DQP 
program.
    (6) Each horse industry organization or association having a 
Department certified DQP program shall develop and provide a continuing 
education program for licensed DQP's which provides not less than 4 
hours of instruction per year to each licensed DQP.
    (7) Each horse industry organization or association having a 
Department certified DQP program shall promulgate standards of conduct 
for its DQP's, and shall provide administrative procedures within the 
organization or association for initiating, maintaining, and enforcing 
such standards. The procedures shall include the causes for and methods 
to be utilized for canceling the license of any DQP who fails to 
properly and adequately carry out his duties. Minimum standards of 
conduct for DQP's shall include the following;
    (i) A DQP shall not exhibit any horse at any horse show or horse 
exhibition, or sell, auction, or pruchase any horse sold at a horse sale 
or horse auction at which he or she has been appointed to inspect 
horses;
    (ii) A DQP shall not inspect horses at any horse show, horse 
exhibition, horse sale or horse auction in which a horse or horses owned 
by a member of the

[[Page 127]]

DQP's immediate family or the DQP's employer are competing or are being 
offered for sale;
    (iii) A DQP shall follow the uniform inspection procedures of his 
certified organization or association when inspecting horses; and
    (iv) The DQP shall immediately inform management of each case 
regarding any horse which, in his opinion, is in violation of the Act or 
regulations.
    (e) Prohibition of appointment of certain persons to perform duties 
under the Act. The management of any horse show, horse exhibition, horse 
sale, or horse auction shall not appoint any person to detect and 
diagnose horses which are sore or to otherwise inspect horses for the 
purpose of enforcing the Act, if that person:
    (1) Does not hold a valid, current DQP license issued by a horse 
industry organization or association having a DQP program certified by 
the Department.
    (2) Has had his DQP license canceled by the licensing organization 
or association.
    (3) Is disqualified by the Secretary from performing diagnosis, 
detection, and inspection under the Act, after notice and opportunity 
for a hearing,\7\ when the Secretary finds that such person is unfit to 
perform such diagnosis, detection, or inspection because he has failed 
to perform his duties in accordance with the Act or regulations, or 
because he has been convicted of a violation of any provision of the Act 
or regulations occurring after July 13, 1976, or has paid any fine or 
civil penalty in settlement of any proceeding regarding a violation of 
the Act or regulations occurring after July 13, 1976.
---------------------------------------------------------------------------


    \7\ Hearing would be in accordance with the Uniform Rules of 
Practice for the Department of Agriculture in subpart H of part 1, 
subtitle A, title 7, Code of Federal Regulations (7 CFR 1.130 et seq.)
---------------------------------------------------------------------------

    (f) Cancellation of DQP license. (1) Each horse industry 
organization or association having a DQP program certified by the 
Department shall issue a written warning to any DQP whom it has licensed 
who violates the rules, regulations, by-laws, or standards of conduct 
promulgated by such horse industry organization or association pursuant 
to this section, who fails to follow the procedures set forth in 
Sec. 11.21 of this part, or who otherwise carries out his duties and 
responsibilities in a less than satisfactory manner, and shall cancel 
the license of any DQP after a second violation. Upon cancellation of 
his DQP license, the DQP may, within 30 days thereafter, request a 
hearing before a review committee of not less than three persons 
appointed by the licensing horse industry organization or association. 
If the review committee sustains the cancellation of the license, the 
DQP may appeal the decision of such committee to the Administrator 
within 30 days from the date of such decision, and the Administrator 
shall make a final determination in the matter. If the Administrator 
finds, after providing the DQP whose license has been canceled with a 
notice and an opportunity for a hearing,\7\ that there is sufficient 
cause for the committee's determination regarding license cancellation, 
he shall issue a decision sustaining such determination. If he does not 
find that there was sufficient cause to cancel the license, the 
licensing organization or association shall reinstate the license.
    (2) Each horse industry organization or association having a 
Department certified DQP program shall cancel the license of any DQP 
licensed under its program who has been convicted of any violation of 
the Act or regulations or of any DQP who has paid a fine or civil 
penalty in settlement of any alleged violation of the Act or regulations 
if such alleged violation occurred after July 13, 1976.
    (g) Revocation of DQP program certification of horse industry 
organizations or associations. Any horse industry organization or 
association having a Department certified DQP program that has not 
received Department approval of the inspection procedures provided for 
in paragraph (b)(6) of this section, or that otherwise fails to comply 
with the requirements contained in this section, may have such 
certification of its DQP program revoked, unless, upon written 
notification from the Department of such failure to comply with the 
requirements in this section, such organization or association takes 
immediate action to rectify such failure and

[[Page 128]]

 takes appropriate steps to prevent a recurrence of such noncompliance 
within the time period specified in the Department notification, or 
otherwise adequately explains such failure to comply to the satisfaction 
of the Department. Any horse industry organization or association whose 
DQP program certification has been revoked may appeal such revocation to 
the Administrator\6\ in writing within 30 days after the date of such 
revocation and, if requested, shall be afforded an opportunity for a 
hearing.\7\ All DQP licenses issued by a horse industry organization or 
association whose DQP program certification has been revoked shall 
expire 30 days after the date of such revocation, or 15 days after the 
date the revocation becomes final after appeal, unless they are 
transferred to a horse industry organization or association having a 
program currently certified by the Department.
---------------------------------------------------------------------------

    \6-7\ See previous footnotes 6 and 7.

(Approved by the Office of Management and Budget under control number 
---------------------------------------------------------------------------
0579-0056)

[44 FR 1563, Jan. 5, 1979, as amended at 44 FR 25182, Apr. 27, 1979; 48 
FR 57471, Dec. 30, 1983; 55 FR 41993, Oct. 17, 1990; 56 FR 13750, Apr. 
4, 1991; 59 FR 67612, Dec. 30, 1994]



Sec. 11.20  Responsibilities and liabilities of management.

    (a) The management of any horse show, horse exhibition, or horse 
sale or auction which does not appoint and retain a DQP shall be 
responsible for identifying all horses that are sore or otherwise in 
violation of the Act or regulations, and shall disqualify or disallow 
any horses which are sore or otherwise in violation of the Act or 
regulations from participating or competing in any horse show, horse 
exhibition, horse sale, or horse auction. Horses entered for sale or 
auction at a horse sale or horse auction must be identified as sore or 
otherwise in violation of the Act or regulations prior to the sale or 
auction and prohibited from entering the sale or auction ring. Sore 
horses or horses otherwise in violation of the Act or regulations that 
have been entered in a horse show or horse exhibition for the purpose of 
show or exhibition must be identified and excused prior to the show or 
exhibition. Any horses found to be sore or otherwise in violation of the 
Act or regulations during actual participation in the show or 
exhibition, must be removed from further participation prior to the 
tyeing of the class or the completion of the exhibition. All horses tyed 
first in each Tennessee Walking Horse or racking horse class or event at 
any horse show or horse exhibition shall be inspected after being shown 
or exhibited to determine if such horses are sore or otherwise in 
violation of the Act or regulations.
    (b)(1) The management of any horse show, horse exhibition, horse 
sale or auction which designates and appoints a Designated Qualified 
Person (or persons) to inspect horses shall accord said DQP access to 
all records and areas of the grounds of such show, exhibition, sale, or 
auction and the same right to inspect horses and records as is accorded 
to any APHIS representative. Further, management shall not take any 
action which would interfere with or influence said DQP in carrying out 
his duties or making decisions concerning whether or not any horse is 
sore or otherwise in violation of the Act or regulations. In the event 
management is dissatisfied with the performance of a particular DQP, 
including disagreement with decisions concerning violations, management 
shall not dismiss or otherwise interfere with said DQP during the DQP's 
appointed tour of duty.\8\ However, management should immediately 
notify, in writing, the Department \6\ and the organization or 
association that licensed the DQP, as to why the performance of said DQP 
was inadequate or otherwise unsatisfactory. Management which designates 
and appoints a DQP shall immediately disqualify or disallow from being 
shown, exhibited, sold, or auctioned any horse identified by the DQP to 
be sore or otherwise in violation of the Act or regulations or any horse 
otherwise known by management to be sore

[[Page 129]]

or in violation of the Act or regulations. Should management fail to 
disqualify or disallow from being shown, exhibited, sold or auctioned 
any such horse, said management shall assume full responsibility for and 
liabilities arising from the showing, exhibition, sale, or auction of 
said horses.
---------------------------------------------------------------------------

    \8\ The duration of the show, exhibition, or sale or auction.
---------------------------------------------------------------------------

    (2) The DQP shall physically inspect: (i) All Tennessee Walking 
Horses and racking horses entered for sale or auction, (ii) all 
Tennessee Walking Horses and racking horses entered in any animated gait 
class (whether under saddle, horse to cart, or otherwise), (iii) all 
Tennessee Walking Horses and racking horses entered for exhibition 
before they are admitted to be shown, exhibited, sold, or auctioned, and 
(iv) all Tennessee Walking Horses and racking horses tyed first in their 
class or event at any horse show, horse exhibition, horse sale, or horse 
auction. Such inspection shall be for the purpose of determining whether 
any such horses are in violation of the Act or regulations. Such 
physical examination shall be conducted in accordance with the 
inspection procedures provided for in Sec. 11.21 of this part. The DQP 
shall observe horses in the warmup ring and during actual performances 
whenever possible, and shall inspect any Tennessee Walking Horse or 
racking horse at any time he deems necessary to determine whether any 
such horse shown, exhibited, sold, or auctioned is in violation of the 
Act or regulations. If present at other shows, he shall examine any 
horse which he determines should be examined for compliance with the Act 
and regulations.
    (3) The DQP shall immediately report, to the management of any horse 
show, horse exhibition, or horse sale or auction, any horse which, in 
his opinion, is sore or otherwise in violation of the Act or 
regulations. Such report shall be made, whenever possible, before the 
show class or exhibitioin involving said horse has begun or before said 
horse is offered for sale or auction.
    (c) The management of any horse show, exhibition, sale, or auction 
that designates and appoints a DQP to inspect horses shall appoint and 
designate at least two DQP's when more than 150 horses are entered.

(Approved by the Office of Management and Budget under control number 
0579-0056)

[44 FR 25182, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 
55 FR 41993, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991; 57 FR 62175, Dec. 
30, 1992]



Sec. 11.21  Inspection procedures for designated qualified persons (DQP's).

    (a)(1) During the preshow inspection, the DQP shall direct the 
custodian of the horse to walk and turn the horse in a manner that 
allows the DQP to determine whether the horse exhibits signs of 
soreness. The DQP shall determine whether the horse moves in a free and 
easy manner and is free of any signs of soreness.
    (2) The DQP shall digitally palpate the front limbs of the horse 
from knee to hoof, with particular emphasis on the pasterns and 
fetlocks. The DQP shall examine the posterior surface of the pastern by 
picking up the foot and examining the posterior (flexor) surface. The 
DQP shall apply digital pressure to the pocket (sulcus), including the 
bulbs of the heel, and continue the palpation to the medial and lateral 
surfaces of the pastern, being careful to observe for responses to pain 
in the horse. While continuing to hold onto the pastern, the DQP shall 
extend the foot and leg of the horse to examine the front (extensor) 
surfaces, including the coronary band. The DQP may examine the rear 
limbs of all horses inspected after showing, and may examine the rear 
limbs of any horse examined preshow or on the showgrounds when he deems 
it necessary, except that the DQP shall examine the rear limbs of all 
horses exhibiting lesions on, or unusual movement of, the rear legs. 
While carrying out the procedures set forth in this paragraph, the DQP 
shall also inspect the horse to determine whether the provisions of 
Sec. 11.3 of this part are being complied with, and particularly whether 
there is any evidence of inflammation, edema, or proliferating granuloma 
tissue.
    (3) The DQP shall observe and inspect all horses for compliance with 
the provisions set forth in Sec. 11.2(a) through Sec. 11.2(c) of this 
part. All action devices,

[[Page 130]]

pads, and other equipment shall be observed and/or examined to assure 
that they are in compliance with the regulations. All such equipment on 
horses examined postshow, and on horses examined preshow that are not 
clearly in compliance, shall be weighed and/or measured.
    (4) The DQP shall instruct the custodian of the horse to control it 
by holding the reins approximately 18 inches from the bit shank. The DQP 
shall not be required to examine a horse if it is presented in a manner 
that might cause the horse not to react to a DQP's examination, or if 
whips, cigarette smoke, or other actions or paraphernalia are used to 
distract a horse during examination. All such incidents shall be 
reported to the show management and the DQP licensing organization.
    (b) The DQP shall inspect horses no more than three classes ahead of 
the time the inspected horses are to be shown, except that, in shows 
with fewer than 150 horses, the DQP shall inspect horses no more than 2 
classes ahead of the time the inspected horses are to be shown. 
Inspected horses shall be held in a designated area that is under 
observation by the DQP or APHIS representative. Horses shall not be 
permitted to leave the designated area before showing. Only the horse, 
the rider, the groom, the trainer, the DQP(s) and APHIS representatives 
shall be allowed in the designated area.
    (c) The DQP may carry out additional inspection procedures as he 
deems necessary to determine whether the horse is sore.
    (d) The certified DQP organization shall assess appropriate 
penalties for violations, as set forth in the rule book of the certified 
program under which the DQP is licensed, or as set forth by the 
Department, and shall report all violations, in accordance with 
Sec. 11.20(b)(3) of this part.
[55 FR 41993, Oct. 17, 1990; as amended at 56 FR 13750, Apr. 4, 1991; 57 
FR 62175, Dec. 30, 1992]



Sec. 11.22  Records required and disposition thereof.

    (a) The management of any horse show, horse exhibition, or horse 
sale or auction, that contains Tennessee Walking Horses or racking 
horses, shall maintain for a period of at least 90 days following the 
closing date of said show, exhibition, or sale or auction, all pertinent 
records containing:
    (1) The dates and place of the horse show, horse exhibition, horse 
sale, or horse auction.
    (2) The name and address (including street address or post office 
box number and ZIP code) of the sponsoring organization.
    (3) The name and address of the horse show, exhibition, horse sale 
or horse auction management.
    (4) The name and address (including street address or post office 
box number and ZIP code) of the DQP, if any, employed to conduct 
inspections under Sec. 11.20; and, the name of the horse industry 
organization or association certifying the DQP.
    (5) The name and address (including street address or post office 
box number, and ZIP code) of each show judge.
    (6) A copy of each class or sale sheet containing the names of 
horses, the names and addresses (including street address, post office 
box and ZIP code) of horse owners, the exhibitor number and class 
number, or sale number assigned to each horse, the show class or sale 
lot number, and the name and address (including street address, post 
office box, and ZIP code) of the person paying the entry fee and 
entering the horse in a horse show, horse exhibition, or horse sale or 
auction.
    (7) A copy of the official horse show, horse exhibition, horse sale, 
or horse auction program, if any such program has been prepared.
    (8) The identification of each horse, including the name of the 
horse, the name and address (including street address, post office box, 
and ZIP code) of the owner, the trainer, the rider or other exhibitor, 
and the location (including street address, post office box, and ZIP 
code) of the home barn or other facility where the horse is stabled.
    (b) The management of any horse show, horse exhibition, or horse 
sale or auction containing Tennessee Walking Horses or racking horses 
shall designate a person to maintain the records required in this 
section.
    (c) The management of any horse show, horse exhibition, or horse 
sale or

[[Page 131]]

auction containing Tennessee Walking Horses or racking horses shall 
furnish to any APHIS representative, upon request, the name and address 
(including street address, or post office box, and ZIP code) of the 
person designated by the sponsoring organization or manager to maintain 
the records required by this section.
    (d) The Administrator may, in specific cases, require that a horse 
show, horse exhibition, or horse sale or auction records be maintained 
by management for a period in excess of 90 days.

(Approved by the Office of Management and Budget under control numbers 
0579-0056, and 0579-0058)


(44 U.S.C. 3506)
[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983. 
Redesignated at 55 FR 41993, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991]



Sec. 11.23  Inspection of records.

    (a) The management of any horse show, horse exhibition, or horse 
sale or auction shall permit any APHIS representative, upon request, to 
examine and make copies of any and all records pertaining to any horse, 
either required in any part of the regulations, or otherwise maintained, 
during ordinary business hours or such other times as may be mutually 
agreed upon. A room, table, or other facilities necessary for proper 
examination of such records shall be made available to the APHIS 
representative.
    (b) Horse industry organizations or associations who train, 
maintain, and license DQP's under a certified DQP program shall permit 
any APHIS representative, upon request, to examine and copy any and all 
records relating to the DQP program which are required by any part of 
the regulations. Such requests shall be made during ordinary business 
hours or such other times as mutually agreed upon. A room, table or 
other facilities necessary for proper examination shall be made 
available upon the request of the APHIS representative.
[44 FR 25179, Apr. 27, 1979. Redesignated at 55 FR 41993, Oct. 17, 1990, 
as amended at 56 FR 13750, Apr. 4, 1991]



Sec. 11.24  Reporting by management.

    (a) Within 5 days following the conclusion of any horse show, horse 
exhibition, or horse sale or auction, containing Tennessee Walking 
Horses or racking horses, the managements of such show, exhibition, sale 
or auction shall submit to the Sector Supervisor\1\ for the State in 
which the show, exhibition, sale or auction was held, the information 
required by Sec. 11.22(a)(1) through (6) for each horse excused or 
disqualified by management or its representatives from being shown, 
exhibited, sold or auctioned, and the reasons for such action. If no 
horses are excused or disqualified, the management shall submit a report 
so stating.
---------------------------------------------------------------------------

    \1\ See footnote 1 to Sec. 11.1.
---------------------------------------------------------------------------

    (b) Within 5 days following the conclusion of any horse show, horse 
exhibition, or horse sale or auction which does not contain Tennessee 
Walking Horses or racking horses, the management of such show, 
exhibition, sale or auction shall inform the Sector Supervisor for the 
State in which the show, exhibition, sale or auction was held, of any 
case where a horse was excused or disqualified by management or its 
representatives from being shown, exhibited, sold or auctioned because 
it was found to be sore.

(Approved by the Office of Management and Budget under control number 
0579-0056)

[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 
55 FR 41994, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991]



Sec. 11.40  Prohibitions and requirements concerning persons involved in transportation of certain horses.

    (a) Each person who ships, transports, or otherwise moves, or 
delivers or receives for movement, any horse with reason to believe such 
horse may be shown, exhibited, sold or auctioned at any horse show, 
horse exhibition, or horse sale or auction, shall allow and assist in 
the inspection of such horse at any such show, exhibition, sale, or 
auction to determine compliance with the Act as provided in Sec. 11.4 of 
the regulations and shall furnish to any APHIS representatives upon his 
request the following information:

[[Page 132]]

    (1) Name and address (including street address, post office box, and 
ZIP code) of the horse owner and of the shipper, if different from the 
owner or trainer.
    (2) Name and address (including street address, post office box, and 
ZIP code) of the horse trainer.
    (3) Name and address (including street address, post office box, and 
ZIP code) of the carrier transporting the horse, and of the driver of 
the means of conveyance used.
    (4) Origin of the shipment and date thereof, and,
    (5) Destination of shipment.
    (b)  [Reserved]

(Approved by the Office of Management and Budget under control number 
0579-0056)

[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 
56 FR 13750, Apr. 4, 1991]



Sec. 11.41  Reporting required of horse industry organizations or associations.

    Each horse industry organization or association which sponsors, or 
which sanctions any horse show, horse exhibition, or horse sale or 
auction, shall furnish the Department\6\ by March 1 of each year with 
all such organization or association rulebooks, and disciplinary 
procedures for the previous year pertaining to violations of the Horse 
Protection Act or regulations, applicable to such horse show, horse 
exhibition, or horse sale or auction. Rulebooks and information relating 
to disciplinary procedures for violations of the Horse Protection Act or 
regulations should be readily available to all exhibitors, trainers, and 
owners of horses at such show, exhibition, sale, or auction. Each horse 
industry organization or association shall furnish the Department\6\ 
with a quarterly report of all disciplinary actions taken against the 
management or any horse show, horse exhibition, horse sale, or horse 
auction, any exhibitor, or any licensed DQP, for violation of the Horse 
Protection Act or regulations, and the results thereof.
---------------------------------------------------------------------------


    \6\ See footnote 6 to Sec. 11.7.

(Approved by the Office of Management and Budget under control number 
---------------------------------------------------------------------------
0579-0056)

[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983]



PART 12--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE HORSE PROTECTION ACT--Table of Contents




                           Subpart A--General

Sec.
12.1  Scope and applicability of rules of practice.

                Subpart B--Supplemental Rules of Practice

12.10  Stipulations.



                           Subpart A--General



Sec. 12.1  Scope and applicability of rules of practice.

    The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal 
Regulations, are the Rules of Practice applicable to adjudicatory, 
administrative proceedings under section 6(a) of the Horse Protection 
Act of 1970 (15 U.S.C. 1825(a)) and sections 6 (b) and (c) of the Horse 
Protection Act (15 U.S.C. 1825 (b) and (c)). In addition, the 
Supplemental Rules of Practice set forth in subpart B of this part shall 
be applicable to such proceedings.

(84 Stat. 1406; 15 U.S.C. 1828)
[42 FR 10959, Feb. 25, 1977]



                Subpart B--Supplemental Rules of Practice



Sec. 12.10  Stipulations.

    (a) At any time prior to the issuance of a complaint seeking a civil 
penalty under the Act, the Administrator, in his discretion, may enter 
into a stipulation with any person in which:
    (1) The Administration gives notice of an apparent violation of the 
Act or the regulations issued thereunder by such person and affords such 
person an opportunity for a hearing regarding the matter as provided by 
the Act;
    (2) Such person expressly waives hearing and agrees to a specified 
order

[[Page 133]]

including an agreement to pay a specified civil penalty within a 
designated time; and
    (3) The Administrator agrees to accept the specified order including 
a civil penalty in settlement of the particular matter involved if it is 
paid within the designated time.
    (b) If the specified penalty is not paid within the time designated 
in such a stipulation, the amount of the stipulated penalty shall not be 
relevant in any respect to the penalty which may be assessed after 
issuance of a complaint.

(84 Stat. 1406; 15 U.S.C. 1828)
[42 FR 10960, Feb. 25, 1977]

[[Page 134]]



SUBCHAPTER B--COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES





PART 49--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS--Table of Contents




                           Subpart A--General

Sec.
49.1  Scope and applicability of rules of practice.

                Subpart B--Supplemental Rules of Practice

49.10  Stipulations.

    Authority: Secs. 3-7, 23 Stat. 32, as amended; secs. 2 and 3, 32 
Stat. 792, as amended; secs. 1, 3, 4, and 6, 33 Stat. 1264, 1265, as 
amended; sec. 11, 58 Stat. 734, as amended; sec. 2, 65 Stat. 693, as 
amended; secs. 3 and 4, 76 Stat. 130; sec. 6, 76 Stat. 131, as amended; 
sec. 11, 76 Stat. 132; 21 U.S.C. 111, 112, 114, 114a, 114a-1, 115, 117, 
120, 122, 123, 125-127, 134b, 134c, 134e, 134f; 7 CFR 2.22, 2.80, 
371.2(d).

    Source: 48 FR 30094, June 30, 1983, unless otherwise noted.



                           Subpart A--General



Sec. 49.1  Scope and applicability of rules of practice.

    The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal 
Regulations, are the Rules of Practice applicable to adjudicatory, 
administrative proceedings under the following statutory provisions:

    Act of May 29, 1884, commonly known as the Animal Industry Act, 
section 7, as amended (21 U.S.C. 117),
    Act of February 2, 1903, commonly known as the Cattle Contagious 
Diseases Act of 1903, section 3, as amended (21 U.S.C. 122),
    Act of March 3, 1905, Section 6, as amended (21 U.S.C. 127),
    Act of July 2, 1962, section 6(a), as amended (21 U.S.C. 134e).


In addition, the Supplemental Rules of Practice set forth in subpart B 
of this part shall be applicable to such proceedings.



                Subpart B--Supplemental Rules of Practice



Sec. 49.10  Stipulations.

    (a) At any time prior to the issuance of a complaint seeking a civil 
penalty under any of the Acts listed in Sec. 49.1, the Administrator, in 
his discretion, may enter into a stipulation with any person in which:
    (1) The Administrator or the Administrator's delegate gives notice 
of an apparent violation of the applicable Act, or the regulations 
issued thereunder, by such person and affords such person an opportunity 
for a hearing regarding the matter as provided by such Act;
    (2) Such person expressly waives hearing and agrees to pay a 
specified penalty within a designated time; and
    (3) The Administrator agrees to accept the penalty in settlement of 
the particular matter involved if the penalty is paid within the 
designated time.
    (b) If the penalty is not paid within the time designated in such a 
stipulation, the amount of the stipulated penalty shall not be relevant 
in any respect to the penalty which may be assessed after issuance of a 
complaint.



PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS--Table of Contents




Sec.
50.1  Definitions.
50.2  Cooperation with States.
50.3  Payment to owners for animals destroyed.
50.4  Determination of existence of or exposure to tuberculosis.
50.5  Record of tests.
50.6  Identification of animals to be destroyed because of tuberculosis.
50.7  Destruction of animals.
50.8  Payment of expenses for transporting and disposing of affected and 
          exposed animals.
50.9  Appraisals.
50.10  Report of appraisals.
50.11  Report of salvage proceeds.
50.12  Claims for indemnity.
50.13  Disinfection of premises, conveyances, and materials.
50.14  Claims not allowed.

[[Page 135]]

50.15  Part 53 of this chapter not applicable.
50.16  Certain cattle on the Island of Molokai in Hawaii.

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, and 
134b; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 40 FR 27009, June 26, 1975, unless otherwise noted.



Sec. 50.1  Definitions.

    For the purposes of this part, the following terms 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, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service: The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    APHIS representative: A veterinarian or other person employed by 
APHIS in animal health activities, who is authorized to perform the 
function involved.
    Approved herd plan. A herd management and testing plan based on the 
disease history and movement patterns of an individual herd, designed by 
the herd owner and a State representative or APHIS representative to 
determine the disease status of livestock in the herd and to eradicate 
tuberculosis within the herd. The plan must be jointly approved by the 
State animal health official and the Veterinarian in Charge.
    Cervid. All species of deer, elk, and moose raised or maintained in 
captivity for the production of meat and other products, for sport, or 
for exhibition.
    Department: The United States Department of Agriculture.
    Designated epidemiologist. An epidemiologist appointed by a 
cooperating State animal health official and the Veterinarian in Charge 
to perform functions specified by the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication.''
    Destroyed: Condemned under State authority and destroyed by 
slaughter or by death otherwise.
    Herd. Any group of livestock maintained on common ground for any 
purpose, or two or more groups of livestock under common ownership or 
supervision, geographically separated but that have an interchange or 
movement of livestock without regard to health status, as determined by 
the Administrator.
    Herd depopulation. Removal by slaughter or other means of 
destruction of all cattle, bison, and cervids in a herd prior to 
restocking with new cattle, bison, or cervids.
    Livestock. Cattle, bison, cervids, swine, dairy goats, and other 
hoofed animals (such as llamas, alpacas, and antelope) raised or 
maintained in captivity for the production of meat and other products, 
for sport, or for exhibition.
    Mortgage: Any mortgage, lien or other security or interest that is 
recorded under State law or identified in the indemnity claim form filed 
under Sec. 50.12 and held by any person other than the one claiming 
indemnity.
    Owner: Any person who has a legal or rightful title to livestock 
whether or not they are subject to a mortgage.
    Permit: A permit for movement of cattle, bison, cervids, or swine 
direct to slaughter listing the disease status and identification of the 
animal, where consigned, cleaning and disinfecting requirements, and 
proof of slaughter certification; Provided, however, a permit for 
movement to a quarantined feedlot pursuant to Sec. 50.16 is the same 
except that the permit is for movement to a quarantined feedlot instead 
of to slaughter and the proof of slaughter certification is not 
applicable.
    Person: Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or any organized group of 
any of the foregoing.
    Quarantined feedlot: A confined area under the direct supervision 
and control of a State livestock official who shall establish procedures 
for the accounting of all livestock entering or

[[Page 136]]

leaving the area. The quarantined feedlot shall be maintained for finish 
feeding of livestock in drylot with no provision for pasturing and 
grazing. All livestock leaving such feedlot must only move directly to 
slaughter in accordance with established procedures for handling 
quarantined livestock.
    Reactor cattle, bison, and cervids. Cattle and bison are classified 
as reactors for tuberculosis in accordance with the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication,'' based on a positive 
response to an official tuberculin test. Cervids are classified as 
reactors for tuberculosis in the same manner as cattle and bison.
    Registered cattle, bison, or cervids. Cattle, bison, or cervids for 
which individual records of ancestry are maintained, and for which 
individual registration certificates are issued and recorded by a 
recognized breed association whose purpose is the improvement of the 
breed.
    State: Any State, territory, the District of Columbia, or Puerto 
Rico.
    Tuberculosis: The contagious, infectious, and communicable disease 
caused by Mycobacterium bovis.
    Veterinarian in Charge: The veterinary official of APHIS who is 
assigned by the Administrator to supervise and perform official animal 
health work of APHIS in the State concerned.
[40 FR 27009, June 26, 1975, as amended at 45 FR 32287, May 16, 1980; 51 
FR 33735, Sept. 23, 1986; 52 FR 1317, Jan. 13, 1987; 52 FR 39614, Oct. 
23, 1987; 56 FR 36998, Aug. 2, 1991; 58 FR 34698, June 29, 1993; 60 FR 
37808, July 24, 1995]



Sec. 50.2  Cooperation with States.

    The Administrator cooperates with the proper State authorities in 
the eradication of tuberculosis and pays Federal indemnities for the 
destruction of cattle, bison, cervids, or swine affected with or exposed 
to tuberculosis.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 
56 FR 36998, Aug 2, 1991; 60 FR 37809, July 24, 1995]



Sec. 50.3  Payment to owners for animals destroyed.

    (a) Affected cattle, bison, and cervids. The Department may pay 
owners an indemnity for cattle, bison, and cervids affected with 
tuberculosis not to exceed $750 for each animal, but any joint State-
Federal indemnity payments, plus salvage, must not exceed the appraised 
value of each animal.
    (b) Herd depopulation--cattle, bison, and cervids. The Administrator 
may authorize the payment of Federal indemnity to owners of cattle, 
bison, and cervids destroyed because of tuberculosis, not to exceed $450 
for any animal which is a part of a known affected herd, when it has 
been determined by the Administrator that the destruction of all the 
exposed cattle, bison, and cervids in the herd will contribute to the 
Tuberculosis Eradication Program; but, the joint State-Federal indemnity 
payments, plus salvage, must not exceed the appraised value of each 
animal.
    (c) Exposed cattle, bison, and cervids. The Administrator may 
authorize the payment of Federal indemnity to owners of cattle, bison, 
and cervids destroyed because of tuberculosis not to exceed $450 for any 
animal which has been classified as exposed to tuberculosis in 
accordance with Sec. 50.4(b) when it has been determined by the 
Administrator that the destruction of the exposed cattle, bison, or 
cervids will contribute to the Tuberculosis Eradication Program; but, 
the joint State-Federal indemnity payments, plus salvage, must not 
exceed the appraised value of each animal.
    (d) Exposed swine. The Administrator may authorize the payment of 
Federal indemnity to owners of swine destroyed because of tuberculosis 
not to exceed $200 for any animal, when such animals are found by APHIS 
to be exposed to tuberculosis by reason of association with a herd 
destroyed under Sec. 50.3(b); but, the joint State-Federal indemnity 
payments, plus salvage, must not exceed the appraised value of each 
animal.

(Secs. 3, 4, 5, 11, and 13, 23 Stat. 32, as amended; secs. 1 and 2, 32 
Stat. 791-792, as amended; sec. 3, 33 Stat. 1265, as amended; sec. 3, 76 
Stat. 130; 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 134b; 7 
CFR 2.17, 2.51, and 371.2(d))
[45 FR 32287, May 16, 1980, as amended at 49 FR 28041, July 10, 1984; 49 
FR 44273, Nov. 6, 1984; 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 
1991; 60 FR 37809, July 24, 1995]

[[Page 137]]



Sec. 50.4  Determination of existence of or exposure to tuberculosis.

    (a) Cattle, bison, and cervids are classified as affected with 
tuberculosis on the basis of an intradermal tuberculin test applied by a 
Federal, State, or an accredited veterinarian or by other diagnostic 
procedure approved in advance by the Administrator.
    (b) Cattle, bison, and cervids are classified as exposed to 
tuberculosis when such cattle, bison, and cervids (1) are part of a 
known infected herd, or (2) are found to have moved from an infected 
herd before the time infection was disclosed in such herd and after the 
time such herd had apparently become infected, or (3) are found to have 
been exposed by virtue of nursing a reactor dam: Provided, That cattle, 
bison, and cervids classified as exposed to tuberculosis shall be 
removed direct to slaughter.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 
56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995]



Sec. 50.5  Record of tests.

    When any cattle, bison, or cervid in a herd is classified by an 
APHIS or State representative or accredited veterinarian as a reactor to 
a test for tuberculosis, a complete test record shall be made for such 
herd, including the reactor tag number of each reacting animal and the 
registration name and number of each reacting registered animal. VS Form 
6-22 or an equivalent State form shall be used for the record of any 
herd having any reactor to a tuberculin test. A copy of the applicable 
test record shall be given to the owner of any such herd, and one copy 
of each such record shall be furnished to the appropriate State 
veterinarian's office.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 
56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995]



Sec. 50.6  Identification of animals to be destroyed because of tuberculosis.

    Cattle, bison, cervids, or swine to be destroyed because of 
tuberculosis must be identified within 15 days after being classified as 
reactors or otherwise condemned because of tuberculosis, except that the 
appropriate Veterinarian in Charge, for reasons satisfactory to him, may 
extend the time limit for identification to 30 days when a request for 
such extension is received by him prior to the expiration date of the 
original 15-day period allowed, and the Administrator may extend the 
time limit for identification beyond 30 days, upon request in specific 
cases and for reasons satisfactory to him.
    (a) Reactor cattle and bison. Reactor cattle and bison shall be 
identified by branding the letter ``T,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead and by 
attaching to the left ear an approved metal eartag bearing a serial 
number and the inscription ``U.S. Reactor'', or a similar State reactor 
tag. Reactor cattle and bison may be moved interstate to slaughter 
without branding if they are permanently identified by the letters 
``TB'' tattooed legibly in the left ear, they are sprayed on the left 
ear with yellow paint, and they are either accompanied by an APHIS or 
State representative or moved directly to slaughter in vehicles closed 
with official seals. Such official seals must be applied and removed by 
an APHIS representative, State representative, accredited veterinarian, 
or an individual authorized for this purpose by an APHIS representative.
    (b) Exposed cattle and bison. Exposed cattle and bison shall be 
identified by branding the letter ``S,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead and by 
attaching to either ear an approved metal eartag bearing a serial 
number. Exposed cattle and bison may be moved interstate to slaughter 
without branding if they are either accompanied by an APHIS or State 
representative or moved directly to slaughter in vehicles closed with 
official seals. Such official seals must be applied and removed by an 
APHIS representative, State representative, accredited veterinarian, or 
an individual authorized for this purpose by an APHIS representative.
    (c) Exposed swine. Swine destroyed under the provisions of 
Sec. 50.3(d) shall be identified by tagging with a serially numbered 
metal eartag attached to either ear. All such animals to be destroyed 
shall be transported to the place of destruction in vehicles closed with 
seals provided by APHIS or shall

[[Page 138]]

be accompanied to the place of destruction by an APHIS or State 
representative: Provided, however, That animals destroyed and disposed 
of under the direct supervision of an APHIS or State representative on 
the premises where they were exposed do not require individual 
identification.
    (d) Reactor cervids. Reactor cervids shall be identified by branding 
the letter ``T'' high on the left hip near the tailhead and at least 5 
by 5 centimeters (2 by 2 inches) in size and by attaching to the left 
ear an approved metal eartag bearing a serial number and the inscription 
``U.S. Reactor'', or a similar State reactor tag. Reactor cervids may be 
moved interstate to slaughter without branding if they are permanently 
identified by the letters ``TB'' tattooed legibly on the left ear, they 
are sprayed on the left ear with yellow paint, and they are either 
accompanied by an APHIS or State representative or moved directly to 
slaughter in vehicles closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized for 
this purpose by an APHIS representative.
    (e) Exposed cervids. Exposed cervids shall be identified by branding 
the letter ``S'' high on the left hip near the tailhead and at least 5 
by 5 centimeters (2 by 2 inches) in size and by attaching to either ear 
an approved metal eartag bearing a serial number. Exposed cervids may be 
moved interstate to slaughter without branding if they are either 
accompanied by an APHIS or State representative or moved directly to 
slaughter in vehicles closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized for 
this purpose by an APHIS representative.
[40 FR 27009, June 26, 1975, as amended at 45 FR 32287, May 16, 1980; 50 
FR 40963, Oct. 8, 1985; 51 FR 2346, Jan. 16, 1986; 52 FR 39614, Oct. 23, 
1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 60 FR 
48366, Sept. 19, 1995; 61 FR 25138, May 20, 1996]



Sec. 50.7  Destruction of animals.

    (a) Slaughter or disposal. Cattle, bison, cervids, or swine to be 
destroyed because of tuberculosis must be shipped direct to slaughter 
under permit to a Federal or State inspected slaughtering establishment 
or be disposed of by rendering, burial, or incinerating in an approved 
manner under supervision of an APHIS or State employee.
    (b) Time limit for destruction of animals. Cattle, bison, cervids, 
or swine for which Federal indemnity may be paid because of tuberculosis 
must be destroyed and carcass disposal completed within 15 days after 
the date of appraisal, except that the appropriate Veterinarian in 
Charge, for reasons satisfactory to him, may extend the time limit for 
slaughter to 30 days when request for such extension is received by him 
prior to the expiration of the original 15-day period allowed, and the 
Administrator may extend the time limit for slaughter beyond 30 days, 
upon request in specific cases and for reasons satisfactory to him.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[40 FR 27009, June 26, 1975, as amended at 45 FR 32287, May 16, 1980; 52 
FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 
24, 1995]



Sec. 50.8  Payment of expenses for transporting and disposing of affected and exposed animals.

    The Department may pay, when approved in advance in writing by the 
Veterinarian in Charge, one half the expenses of transporting affected 
or exposed cattle, bison, and cervids to slaughter or to the point where 
disposal will take place, and one half the expenses of destroying, 
burying, incinerating, rendering, or otherwise disposing of affected or 
exposed cattle, bison, and cervids; Provided that, the Department may 
pay more than one-half of the expenses when the Administrator determines 
that doing so will contribute to the tuberculosis eradication program. 
For reimbursement to be made, the owner of the animals must present the 
Veterinarian in Charge with a copy of either a receipt for expenses paid 
or a bill for services rendered. Any bill for services rendered by the 
owner must not be greater than the normal fee for

[[Page 139]]

similar services provided by a commercial hauler or renderer.
[62 FR 49592, Sept. 23, 1997]



Sec. 50.9  Appraisals.

    Cattle, bison, cervids, or swine to be destroyed because of 
tuberculosis under Sec. 50.3 shall be appraised within 15 days after 
being classified as affected or after otherwise being condemned because 
of tuberculosis, except that the appropriate Veterinarian in Charge, for 
reasons satisfactory to him, may extend the time limit for appraisal to 
30 days when a request for such extension is received by him prior to 
the expiration date of the original 15-day period allowed, and the 
Administrator may extend the time limit for appraisal beyond 30 days, 
upon request in specific cases and for reasons satisfactory to him. The 
appraisal shall be by an independent professional appraiser at the 
expense of APHIS, except that the veterinarian in charge may waive the 
requirement for independent professional appraiser for reasons 
satisfactory to him. When cattle, bison, cervids, or swine are thus 
appraised, due consideration shall be given to their breeding value as 
well as to their dairy or meat value. Cattle, bison, cervids, or swine 
presented for payment as registered shall be accompanied by their 
registration papers. If the registration papers are temporarily not 
available, or if the cattle, bison, cervids, or swine are less than 3 
years old and unregistered, the appropriate Veterinarian in Charge may 
grant a reasonable time for the presentation of their registration 
papers. APHIS may decline to accept any appraisal that appears to be 
unreasonable or out of proportion to the value of cattle, bison, 
cervids, or swine of like quality.
[45 FR 32288, May 16, 1980, as amended at 50 FR 40963, Oct. 8, 1985; 51 
FR 2346, Jan. 16, 1986; 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 
1991; 60 FR 37809, July 24, 1995]



Sec. 50.10  Report of appraisals.

    Appraisals of cattle, bison, cervids, and swine made in accordance 
with Sec. 50.9 shall be recorded on forms furnished by APHIS. The 
appraisal form shall be signed by the appraiser and by the owner 
certifying his acceptance of the appraisal. The ``date of appraisal'' 
shall be the date that the owner signs the appraisal form. The original 
of the appraisal form and as many copies thereof as may be required for 
APHIS, the State, and the owner of the animals shall be sent to the 
appropriate Veterinarian in Charge.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 
56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995]



Sec. 50.11  Report of salvage proceeds.

    A report of the salvage derived from the sale of each animal on 
which a claim for indemnity may be made under the provisions of 
Sec. 50.3 shall be made on a salvage form acceptable to APHIS which 
shall be signed by the purchaser or his agent or by the selling agent 
handling the animals. If the cattle, bison, cervids, or swine are sold 
by the pound, the salvage form shall show the weight, price per pound, 
gross receipts, expenses if any, and net proceeds. If the cattle, bison, 
cervids, or swine are not sold on a per pound basis, the net purchase 
price of each animal must be stated on the salvage form and an 
explanation showing how the amount was arrived at must be submitted. In 
the event the animals are not disposed of through regular slaughterers 
or through selling agents, the owner shall furnish, in lieu of the 
salvage form, an affidavit showing the amount of salvage obtained by him 
and shall certify that such amount is all that he has received or will 
receive as salvage for said animals. In an emergency, a certificate 
executed by the appropriate Veterinarian in Charge will be acceptable in 
lieu of the owner's affidavit. The salvage shall be considered to be the 
net amount received for an animal after deducting freight, truckage, 
yardage, commission, slaughtering charges, and similar costs. The 
original of the salvage form or the affidavit of the owner or 
certificate of the appropriate Veterinarian in Charge, furnished in lieu 
thereof, shall be furnished to the Veterinarian in charge if it is not 
already in his possession. Additional copies may be furnished to the 
State officials, if required. Destruction of cattle, bison, cervids, and 
swine by burial, incineration or other disposal of carcasses shall be 
supervised by an

[[Page 140]]

APHIS or State representative who shall prepare and transmit to the 
Veterinarian in Charge a report identifying the animals and showing the 
disposition thereof.

(Approved by the Office of Management and Budget under control number 
0579-0001)

[40 FR 27009, June 26, 1975, as amended at 48 FR FR 57471, Dec. 30, 
1983; 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 
37809, July 24, 1995]



Sec. 50.12  Claims for indemnity.

    Claims for Federal indemnity for cattle, bison, cervids, or swine 
destroyed because of tuberculosis shall be presented on indemnity claim 
forms furnished by APHIS on which the owner of the animals covered 
thereby shall certify that the animals are or are not, subject to any 
mortgage as defined in this Part. If the owner states there is a 
mortgage, the APHIS indemnity claim form shall be signed by the owner 
and by each person holding a mortgage on the animals consenting to the 
payment of any indemnity allowed to the person specified thereon. 
Payment will be made only if the APHIS indemnity claim form has been 
approved by a proper State official and if payment of the claim has been 
recommended by the appropriate Veterinarian in Charge or an official 
designated by him. On claims for indemnity made under the provisions of 
Sec. 50.3, the Veterinarian in Charge or official designated by him 
shall record on the APHIS indemnity claim form the amount of Federal and 
State indemnity payments that appear to be due to the owner of the 
animals. The owner of the animals shall be furnished a copy of the APHIS 
indemnity claim form. The Veterinarian in Charge or official designated 
by him shall then forward the APHIS indemnity claim form to the 
appropriate official for further action on the claim. No charges for 
holding the cattle, bison, cervids, or swine on the farm pending 
slaughter or for trucking by the owner shall be so deducted or otherwise 
paid by the Department.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 
56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995]



Sec. 50.13  Disinfection of premises, conveyances, and materials.

    All premises, including all structures, holding facilities, 
conveyances, or materials which are determined by the appropriate 
Veterinarian in Charge to constitute a health hazard to humans or 
animals because of tuberculosis shall be properly cleaned and 
disinfected, in accordance with procedures approved by the Department, 
within 15 days after the removal of tuberculosis affected or exposed 
livestock except that the Veterinarian in Charge, for reasons 
satisfactory to him, may extend the time limit for disinfection to 30 
days when request for such extension is received by him prior to the 
expiration date of the original 15-day period allowed.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 
60 FR 37809, July 24, 1995]



Sec. 50.14  Claims not allowed.

    Claims for compensation for cattle, bison, or cervids destroyed 
because of tuberculosis shall not be allowed if any of the following 
circumstances exist:
    (a) If the claimant has failed to comply with any of the 
requirements of this part.
    (b) If all cattle, bison, and cervids 2 years of age or over in the 
claimants herd have not been tested for tuberculosis under APHIS or 
State supervision: Provided, however, That cattle, bison, and cervids 
destroyed because of tuberculosis under Sec. 50.3(b) and Sec. 50.3(c) 
are exempt from this requirement, if the cattle, bison, and cervids are 
subjected to a post-mortem examination for tuberculosis by a Federal or 
State veterinarian.
    (c) If there is substantial evidence that the owner or his agent has 
in any way been responsible for any attempt unlawfully or improperly to 
obtain indemnity funds for such animals.
    (d) If at the time of test or condemnation, the cattle, bison, or 
cervids belonged to or were upon the premises of any person to whom they 
had been sold, shipped, or delivered for slaughter unless or until all 
of the cattle, bison, and cervids remaining on the premises or in the 
herd from which the tested or condemned cattle, bison, or cervids

[[Page 141]]

originated are tested or otherwise examined for tuberculosis in a manner 
satisfactory to the Administrator or his designated representative.
    (e) If the cattle, bison, or cervids were added to the herd while 
the herd was quarantined for tuberculosis, unless an approved herd plan 
was in effect for the herd at the time the claim was filed. As part of 
the approved herd plan, cattle, bison, or cervids added to a herd 
quarantined for tuberculosis must:
    (1) Be from an accredited herd, as defined in Sec. 77.1 of this 
chapter; or
    (2)(i) Be from a herd that tested negative to an official tuberculin 
test (complete herd test), as defined in Sec. 77.1 of this chapter, no 
more than 12 months before the cattle, bison, or cervids were added to 
the claimant's herd; and
    (ii) Have been found negative to an official tuberculin test, as 
defined in Sec. 77.1 of this chapter, during the 60 days before the 
cattle, bison, or cervids were added to the claimant's herd.
    (f) For exposed cattle, bison, or cervids destroyed during herd 
depopulation, if a designated epidemiologist has determined that exotic 
bovidae (such as antelope) or other species of livestock in the herd 
have been exposed to tuberculosis by reason of association with 
tuberculous livestock, and those exotic bovidae or other species 
determined to have been exposed to tuberculosis have not been destroyed.
[40 FR 27009, June 26, 1975, as amended at 45 FR 32288, May 16, 1980; 52 
FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 58 FR 34699, June 
29, 1993; 60 FR 37809, July 24, 1995]



Sec. 50.15  Part 53 of this chapter not applicable.

    No claim for Federal indemnity for cattle or bison destroyed because 
of tuberculosis shall hereafter be paid under the regulations contained 
in part 53 of this chapter, but all such claims shall be presented and 
paid pursuant to and in compliance with the regulations contained in 
this part.
[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987]



Sec. 50.16  Certain cattle on the Island of Molokai in Hawaii.

    (a) The provisions of this part relating to indemnity for exposed 
cattle shall apply with respect to exposed cattle on the island of 
Molokai in Hawaii, except that: The Administrator may authorize the 
payment of Federal indemnity to owners of exposed cattle under two years 
of age, not to exceed $450 for any animal which has been found by APHIS 
to have been exposed by reason of association with tuberculous cattle, 
(the joint State-Federal indemnity payments, plus salvage, must not 
exceed the appraised value of each animal), if the exposed cattle 
instead of being immediately destroyed are to be moved from the premises 
of origin on the island of Molokai (intrastate or interstate) to a 
quarantined feedlot and if the following conditions are met:
    (1) The exposed cattle are sold for movement to the quarantined 
feedlot prior to their movement from the premises of origin;
    (2) The exposed cattle, prior to movement from the premises of 
origin, are identified by tagging with an approval metal eartag bearing 
a serial number attached to either ear of each animal and by branding 
the letter ``S'' (or other brand approved by the Administrator based on 
a determination that the brand would adequately identify the animal as 
destined for slaughter) on the left jaw not less than 2 nor more than 3 
inches high, Provided, however, such branding may be done upon arrival 
at the quarantined feedlot if the cattle are accompanied to the feedlot 
by an APHIS or State representative, or shipped in vehicles closed with 
official seals;
    (3) The owner of the exposed cattle on the island of Molokai prior 
to sale for movement to the quarantined feedlot has entered into a 
compliance agreement \1\ with APHIS whereby it is agreed that the 
salvage for cattle moved to a quarantined feedlot shall be the amount 
received from the sale of the animals and that such owner shall be 
eligible for indemnity only if all cattle on the island of Molokai under

[[Page 142]]

his or her control are destroyed or moved under permit directly from the 
premises of origin to a quarantined feedlot under paragraph (a) of this 
section and if he or she otherwise agrees to comply with any other 
provisions of this part applicable to him or her; and;
---------------------------------------------------------------------------


    \1\ Compliance Agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Veterinary Services, Cattle 
Diseases and Surveillance, 4700 River Road, Unit 36, Riverdale, Maryland 
20737-1231, and from local offices of Veterinary Services. (Local 
offices are listed in telephone directories.)
---------------------------------------------------------------------------

    (4) The purchaser of the exposed cattle has entered into a 
compliance agreement \1\ with APHIS whereby it is agreed that the cattle 
will be moved under permit directly from the premises of origin to the 
quarantined feedlot; whereby it is agreed that at the time such cattle 
are moved from the quarantined feedlot the cattle will be shipped under 
permit directly to a Federal or State inspected slaughtering 
establishment for slaughter or be disposed of by rendering, burial, or 
incinerating in an approved manner under supervision of an APHIS or 
State employee; whereby it is agreed that the exposed cattle shall not 
be sold prior to destruction unless the purchaser enters into a 
compliance agreement agreeing to the provisions contained in this 
paragraph.
    (b) After indemnity has been paid for exposed cattle under paragraph 
(a) of this section, no additional indemnity shall be paid for such 
exposed cattle.
[51 FR 33735, Sept. 23, 1986, as amended at 52 FR 1317, Jan. 13, 1987; 
56 FR 36998, Aug. 2, 1991; 59 FR 67612, Dec. 30, 1994]



PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS--Table of Contents




Sec.
51.1  Definitions.
51.2  Cooperation with States.
51.3  Payment to owners for animals destroyed.
51.4  Record of tests.
51.5  Identification of animals to be destroyed because of brucellosis.
51.6  Destruction of animals; time limit for destruction of animals.
51.7  Claims for indemnity.
51.8  Disinfection of premises, conveyances, and materials.
51.9  Claims not allowed.
51.10  Part 53 of this chapter not applicable.

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
134b; 7 CFR 2.22, 2.80, and 371.2(d).



Sec. 51.1  Definitions.

    For the purposes of this part, the following terms 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, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS or Service).
    Animals. Cattle, bison, and breeding swine.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Brucellosis exposed animal. Except for a brucellosis reactor animal, 
any animal that: (1) Is part of or has been in contact with a herd known 
to be affected; or (2) has been in contact with a brucellosis reactor 
animal for a period of 24 hours or longer; or (3) has been in contact 
with a brucellosis reactor animal which has aborted, calved or farrowed 
within the past 30 days, or has a vaginal or uterine discharge.
    Brucellosis reactor animal. Any animal classified as a brucellosis 
reactor as provided in the definition of official test in Sec. 78.1 of 
this chapter.
    Claimant. A person who files a claim for indemnity under Sec. 51.7 
for animals destroyed under this part.
    Condemn. The determination made by an APHIS representative, State 
representative, or accredited veterinarian that animals for which 
indemnity is sought under this Part shall be destroyed.
    Dairy cattle. A female bovine of a recognized dairy breed over 20 
months of age, which has calved or is within 90 days of parturition and 
which is a member of a dairy herd used to produce milk for commercial 
use.

[[Page 143]]

    Destroyed. Condemned under State authority and slaughtered or 
otherwise dies.
    Herd. Any group of animals of the same species maintained on common 
ground for any purpose, or two or more groups of animals (of the same 
species) under common ownership or supervision, geographically separated 
but which have an interchange or movement of animals without regard to 
health status.
    Herd Depopulation. Removal by slaughter or other means of 
destruction of all cattle, bison, or swine in a herd or from a specific 
premises or under common ownership prior to restocking such premises 
with new animals, except that steers and spayed heifers or barrows and 
gilts maintained for feeding purposes may be retained on the premises if 
the Veterinarian in Charge finds such retention to be compatible with 
eradication efforts. The Veterinarian in Charge may also permit removal 
of nonpregnant heifers, without payment of indemnity, to Quarantined 
Feedlots in lieu of immediate slaughter.
    Herd known to be affected. Any herd in which any animal has been 
classified as a brucellosis reactor and which has not been released from 
quarantine.
    Inbred or hybrid swine. Any breeding swine which are the progeny of 
two or more breeds of registered swine and which are maintained to 
produce inbred or hybrid swine, and for which records of ancestry exist 
through which such swine can be individually identified as progeny of 
said registered swine.
    Mortgage. Any mortgage, lien, or other security or interest that is 
recorded under State law or identified in the indemnity claim form filed 
under Sec. 51.7 and held by any person other than the one claiming 
indemnity.
    Official seal. A serially numbered metal strip consisting of a self-
locking device on one end and a slot on the other end, which forms a 
loop when the ends are engaged, which cannot be reused if opened, and is 
applied by a representative of the Veterinarian in Charge or the State 
animal health official.
    Owner. Any person who has a legal or rightful title to animals 
whether or not they are subject to a mortgage.
    Permit. An official document for movement of animals under this Part 
issued by an APHIS representative, state representative, or accredited 
veterinarian listing the disease status and identification of the 
animal, where consigned, cleaning and disinfecting requirements, and 
proof of slaughter certification.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or other legal entity.
    Recognized slaughtering establishment. Any slaughtering 
establishment operating under the Meat Inspection Act (21 U.S.C. 601-
695) or a State meat inspection act.\1\
---------------------------------------------------------------------------


    \1\ The names and addresses of recognized slaughtering 
establishments may be obtained from the Animal and Plant Health 
Inspection Service, Veterinary Services, Cattle Diseases and 
Surveillance, 4700 River Road, Unit 36, Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------

    Registered breed association. An association formed and perpetuated 
for the maintenance of records of purebreeding of animal species for a 
specific breed whose characteristics are set forth in Constitutions, By-
Laws, and other rules of the association. The records maintained by such 
an association shall include an Official Herd Book or other 
recordkeeping format and Certificates of Registration or Recordation 
which identify an animal as a registered animal of that registered breed 
association. Known registered breed associations are: American Angus 
Association, American Beefalo Association, Inc., The American Black 
Maine-Anjou Association, American Blonde d'Aquitaine Association, 
American Brahman Breeders Association, American Brahmental Association, 
American Breed Association, Inc., American Chianina Association, 
American Dexter Cattle Association, American Galloway Breeders 
Association, American Gelbvieh Association, American Guernsey Cattle 
Club, American Hereford Association, American International Charolais 
Association, American (International Marchigiana Society,

[[Page 144]]

American Jersey Cattle Club, American Maine-Anjou Association, American 
Milking Shorthorn Society, American Murray Grey Association, American 
Normande Association, American Pinzgauer Association, American Polled 
Hereford Association, American Red Brangus Association, American Red 
Poll Association, American Salers Association, American Scotch Highland 
Breeders Association, American Shorthorn Association, American Simmental 
Association, Inc., American Tarentaise Asssociation, Ankina Breeders, 
Inc., Ayrshire Breeders Association, Barzona Breed Association of 
America, Beefmaster Breeders Universal, Belted Galloway Society, 
Brahmanstein Breeders Association, Brown Swiss Beef International, Inc., 
Brown Swiss Cattle Breeders Association of U.S.A., Char-Swiss Breeders 
Association, Devon Cattle Association, Inc., Dutch Belted Cattle 
Association of America, Inc., Foundation Beefmaster Association, 
Galloway Cattle Society of America, Inc., Galloway Performance 
International, Holstein-Friesian Association of America, International 
Braford Association, International Brangus Breeders Association, Inc., 
International Maine-Anjou Association, Marky Cattle Association, Mid 
America RX\3\ Cattle Company, National Beefmaster Association, North 
American Limousin Foundation, Pan American Zebu Association, Red and 
White Dairy Cattle Association, Red Angus Association of America, Red 
Poll Beef Breeders International, Red Poll Cattle Club of America, Santa 
Gertrudis Breeders International, Simbrah Association, South Devon Breed 
Society, Sussex Cattle Association of America, Texas Longhorn Breeders 
Association of America, and White Park Cattle Association of America.
    Registered cattle. Cattle for which individual records of ancestry 
are recorded and maintained by a breed association whose purpose is the 
improvement of the bovine species, and for which individual registration 
certificates are issued and recorded by such breed association.
    Registered swine. Any breeding swine for which a certificate of pure 
breeding has been issued by a purebred swine association.
    Sexually intact exposed female calf. A female bovine less than 6 
months of age that is nursed by a brucellosis reactor at the time such 
reactor is condemned, and that has not been altered to make it incapable 
of reproduction.
    Specifically approved stockyard. Premises approved by the 
Administrator, in accordance with Sec. 71.20 of this chapter, for 
assembling cattle or bison for sale.\2\
---------------------------------------------------------------------------


    \2\ Notices containing lists of specifically approved stockyards are 
published in the Federal Register. Lists of specifically approved 
stockyards also may be obtained from the State animal health official, 
State representatives, or APHIS representatives.
---------------------------------------------------------------------------

    State. Any State, the District of Columbia, Puerto Rico, the Virgin 
Islands of the United States, Guam, the Northern Mariana Islands, or any 
other territory or possession of the United States.
    State animal health official. The individual employed by a State who 
is responsible for livestock and poultry disease control and eradication 
programs in that State.
    State representative. An individual employed in animal health 
activities by a State or a political subdivision thereof, and who is 
authorized by such State or political subdivision to perform the 
function involved under a cooperative agreement with the United States 
Department of Agriculture.
    Unofficial vaccinate. Any cattle or bison which have been vaccinated 
for brucellosis other than in accordance with the provisions for 
official vaccinates set forth in Sec. 78.1 of this chapter.
    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 offical animal health work of the Animal and Plant Health 
Inspection Service, in the State concerned.

(Secs. 3, 4, 5, 11, and 13, 23 Stat. 32, as amended; secs. 1 and 2, 32 
Stat. 791-792, as amended; sec. 3, 33 Stat. 1265, as amended; sec. 3, 76 
Stat. 130 (21 U.S.C. 111-113, 114, 114a-1, 120, 121, 125, 134b); 7 CFR 
2.17, 2.51, and 371.2(d))
[42 FR 64336, Dec. 23, 1977]


[[Page 145]]



    Editorial Note: For Federal Register citations affecting Sec. 51.1, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 51.2  Cooperation with States.

    The Administrator has been delegated the authority to cooperate with 
the proper State authorities in the eradication of brucellosis and to 
pay indemnities for the destruction of brucellosis-reactor animals or 
brucellosis-exposed animals.
[42 FR 64336, Dec. 23, 1977, as amended at 54 FR 32435, Aug. 8, 1989]



Sec. 51.3  Payment to owners for animals destroyed.

    (a) Cattle and bison. The Administrator may authorize \3\ the 
payment of federal indemnity by the United States Department of 
Agriculture to any owner whose cattle or bison are destroyed as affected 
with brucellosis.
    (1) Brucellosis reactor cattle and bison. The Administrator may 
authorize \3\ the payment of Federal indemnity by the United States 
Department of Agriculture to owners whose cattle or bison are destroyed 
as brucellosis reactors. Except for cattle and bison destroyed as part 
of whole herd depopulation in accordance with paragraph (a)(2)(i) of 
this section, the indemnity shall not exceed $250 for any registered 
cattle or $50 for any nonregistered cattle or bison, except that, for 
nonregistered dairy cattle the indemnity shall not exceed $250, and 
except that in Alaska, Hawaii, Puerto Rico, and the Virgin Islands 
indemnity shall not exceed $250 for any registered cattle or $150 for 
any nonregistered cattle or bison, except that, for nonregistered dairy 
cattle the indemnity shall not exceed $250. Prior to payment of 
indemnity, proof of destruction \4\ shall be furnished to the 
veterinarian in charge.
    (2) Herd depopulation. (i) Eligibility. The Administrator may 
authorize payment of Federal indemnity \3\ by the United States 
Department of Agriculture to any owner whose herd of cattle or bison is 
destroyed because of brucellosis. The United States Department of 
Agriculture shall pay Federal indemnity for brucellosis exposed cattle 
or brucellosis exposed bison in the herd only when the Administrator 
determines that destruction of all cattle and bison in the herd will 
contribute to the brucellosis eradication program. Proof of destruction 
\4\ must be furnished to the Veterinarian in Charge prior to payment of 
Federal indemnity.
---------------------------------------------------------------------------


    \3\ The Administrator shall authorize payment of Federal indemnity 
by the United States Department of Agriculture at the maximum per head 
rates in Sec. 51.3: (a) As long as sufficient funds appropriated by 
Congress appear to be available for this purpose for the remainder of 
the fiscal year; (b) In States or areas not under Federal quarantine; 
(c) In States requesting payment of Federal indemnity; and (d) In States 
not requesting a lower rate.

    \4\ The Veterinarian in Charge shall accept any of the following 
documents as proof of destruction: (a) A postmortem report; (b) A meat 
inspection certification of slaughter; (c) A written statement by a 
State representative, APHIS representative, or accredited veterinarian 
attesting to the destruction of the animal; (d) A written, sworn 
statement by the owner or caretaker of the animal attesting to the 
destruction of the animal; (e) A permit (VS Form 1-27) consigning the 
animal from a farm or livestock market directly to a recognized 
slaughtering establishment; or (f) In unique situations where the 
documents listed above are not available, other similarly reliable forms 
of proof of destruction.
---------------------------------------------------------------------------

    (ii) Amount of Federal indemnity. Payments of Federal indemnity 
shall be made at the rates in effect at the time the Administrator 
approves depopulation for the herd. In States other than Class Free 
States, the amount of Federal indemnity shall not exceed $250 for any 
nonregistered cattle other than dairy cattle, and $250 for any bison. 
For any registered cattle, nonregistered dairy cattle, or, in Class Free 
States, any cattle or bison from herds affected with brucellosis, the 
amount of Federal indemnity shall not exceed the lesser of 95 percent of 
appraised value, minus salvage value, or $750. The appraisal shall be 
conducted by an independent appraiser assigned by the Administrator.
    (3) Exposed female calves. The Administrator may authorize \3\ the 
payment of Federal indemnity to any owner whose exposed female calf or 
calves are destroyed because of brucellosis. The indemnity for such 
animals shall not exceed $50 per head. Except for sexually

[[Page 146]]

intact exposed female calves destroyed as part of herd depopulation 
under paragraph (a)(2)(ii) of this section, the indemnity for sexually 
intact exposed female calves destroyed because of brucellosis shall not 
exceed $50 per head. Prior to payment of indemnity, proof of destruction 
shall be furnished to the veterinarian in charge.
    (4) Cattle or bison from a brucellosis-affected herd. The 
Administrator may authorize \3\ the payment of Federal indemnity by the 
United States Department of Agriculture to any owner who has brucellosis 
exposed cattle or bison destroyed that were previously sold or traded 
from any herd that has subsequent to the sale or trade been found to be 
affected with brucellosis. Epidemiological information such as test 
results, herd history, and related evidence would be used to establish a 
probable date when the herd was first infected with brucellosis. Animals 
sold after that date would be considered to be exposed; those sold 
before that date would not. In all States except Alaska, Hawaii, Puerto 
Rico, and the Virgin Islands of the United States, the amount of Federal 
indemnity shall not exceed $250 for any registered cattle, $250 for any 
nonregistered dairy cattle, $150 for any nonregistered cattle other than 
dairy cattle, and $150 for any bison. In States other than Class Free 
States, the amount of Federal indemnity shall not exceed $250 for any 
nonregistered cattle other than dairy cattle, and $250 for any bison. 
For any registered cattle, nonregistered dairy cattle, or, in Class Free 
States, any cattle or bison from herds affected with brucellosis, the 
amount of Federal indemnity shall not exceed the lesser of 95 percent of 
appraised value, minus salvage value, or $750. The appraisal shall be 
conducted by an independent appraiser assigned by the Administrator. 
Prior to payment of indemnity, proof of destruction \4\ shall be 
furnished to the veterinarian in charge.
    (b) Swine. (1) Brucellosis reactor swine. The Administrator may 
authorize \3\ the payment of Federal indemnity by the United States 
Department of Agriculture to an owner whose breeding swine are destroyed 
as brucellosis reactors. The indemnity shall not exceed $25 per head for 
registered, inbred, or hybrid swine, or $10 per head for all other 
breeding swine. Prior to payment of indemnity, proof of destruction \4\ 
shall be furnished to the Veterinarian in Charge.
    (2) Herd depopulation. The Administrator may authorize \3\ the 
payment of Federal indemnity by the United States Department of 
Agriculture to an owner whose herd of breeding swine or whose whole herd 
is destroyed because of brucellosis. The indemnity shall not exceed $150 
per head for registered, inbred, or hybrid breeding swine, and $65 per 
head for all other breeding swine, except that in the case of whole herd 
depopulation, indemnity payments shall be paid on all swine in the herd 
at fair market value, as determined by the Administrator, based on an 
appraisal conducted by an independent appraiser assigned by the 
Administrator. In cases where indemnity is paid for whole herd 
depopulation, indemnity payments, plus any salvage, must not exceed the 
appraised value of each animal. Indemnity payment shall be made only for 
brucellosis exposed swine or for swine from a herd known to be affected 
and only when the Administrator determines that the destruction of all 
swine in the herd will contribute to the Brucellosis Eradication 
Program. Prior to payment of indemnity, proof of destruction \4\ shall 
be furnished to the Veterinarian in Charge.
    (3) Exposed swine. The Administrator may authorize \3\ the payment 
of Federal indemnity by the United States Department of Agriculture to 
an owner whose breeding swine are destroyed because of brucellosis. The 
indemnity shall not exceed $150 per head for registered, inbred, or 
hybrid swine, or $65 per head for all other breeding swine. Indemnity 
payment shall be made only for such brucellosis exposed swine and only 
when the Administrator determines that the destruction of such swine 
will contribute to the Brucellosis

[[Page 147]]

Eradication Program. Prior to payment of indemnity, proof of destruction 
\4\ shall be furnished to the Veterinarian in Charge.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977, as amended at 45 FR 43679, June 27, 1980; 
46 FR 13673, Feb. 23, 1981; 46 FR 57027, Nov. 20, 1981; 47 FR 53323, 
Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 
51 FR 11300, Apr. 2, 1986; 54 FR 32435, Aug. 8, 1989; 56 FR 18505, 
18506, Apr. 23, 1991; 57 FR 49376, Nov. 2, 1992; 57 FR 60086, Dec. 18, 
1992; 59 FR 12533, Mar. 17, 1994, 59 FR 21635, Apr. 26, 1994; 59 FR 
52235, Oct. 17, 1994]



Sec. 51.4  Record of tests.

    The claimant shall be responsible for providing information to an 
APHIS representative, State representative, or accredited veterinarian 
so that a complete test record may be made by such person on an APHIS 
approved form for each herd known to be affected, including the reactor 
tag number of each brucellosis reactor animal and the registration name 
and number of each brucellosis reactor registered animal. A copy of the 
applicable test record shall be given to the owner of any such herd, and 
one copy of each such record shall be furnished to the appropriate State 
veterinarian's office by such person who completes the test record.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977, as amended at 48 FR 57472, Dec. 30, 1983; 
54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991]



Sec. 51.5  Identification of animals to be destroyed because of brucellosis.

    (a) The claimant shall be responsible for insuring that any animal 
for which indemnity is claimed shall be identified in accordance with 
the provisions of this section within 15 days after having been 
classified as a reactor or for any other animal subject to this part 
within 15 days after having been condemned. The veterinarian in charge 
may extend the time limit to 30 days when a request for such extension 
is received by him prior to the expiration date of the original 15 day 
period allowed, and when he determines that the extension will not 
adversely affect the brucellosis eradication program; and except 
further, that the Administrator shall upon request in specific cases, 
extend the time limit beyond the 30-day period when unusual or 
unforeseen circumstances occur which prevent or hinder the 
identification of the animals within the 30-day period, such as, but not 
limited to, floods, storms, or other Acts of God which are beyond the 
control of the owner, or when identification is delayed due to 
requirements of another Federal Agency.
    (b) Except as provided in paragraph (b)(4) of this section, cattle 
and bison to be destroyed because of brucellosis shall be individually 
identified prior to moving interstate by attaching to the left ear a 
metal tag bearing a serial number and the inscription ``U.S. Reactor,'' 
or a similar State reactor tag, and must be:
    (1) ``B'' branded (as defined in Sec. 78.1); or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.
    (4) Reactor and exposed cattle and bison in herds scheduled for herd 
depopulation may be moved interstate without eartagging or branding if 
they are identified by USDA approved backtags and either accompanied 
directly to slaughter by an APHIS or State representative or moved 
directly to slaughter in vehicles closed with official seals. Such 
official seals must be applied and removed by an APHIS representative, 
State representative, accredited veterinarian, or an individual 
authorized for this purpose by an APHIS representative.
    (c) Swine shall be individually identified by tagging with a metal 
tag bearing a serial number and inscription ``U.S. Reactor'' or a 
similar State reactor tag or other identification approved by the 
Administrator, upon request in

[[Page 148]]

specific cases, attached to the left ear of each animal.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977, as amended at 47 FR 53324, Nov. 26, 1982; 
48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 54 FR 32435, 
Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991; 60 FR 48367, Sept. 19, 1995]



Sec. 51.6  Destruction of animals; time limit for destruction of animals.

    (a) Cattle. The claimant shall be responsible for ensuring that 
cattle subject to this part shall be sold under permit to a recognized 
slaughtering establishment or to a specifically approved stockyard for 
sale to a recognized slaughtering establishment.
    (b) Bison. The claimant shall be responsible for insuring that bison 
subject to this part shall be sold under permit to a State or Federal 
slaughtering establishment approved by the Administrator for this 
purpose or to a stockyard approved by the Administrator for sale to such 
a slaughtering establishment, Provided, However, That the Administrator 
may approve such other bison slaughtering establishments as may be 
deemed necessary to accomplish destruction of bison subject to this 
part.
    (c) Swine. The claimant shall be responsible for insuring that swine 
subject to this part shall be sold under permit to a slaughtering 
establishment where State or Federal Meat inspection is available, or to 
a market approved by the State Animal Health Official, or to a market 
approved by the Administrator, for sale to such slaughtering 
establishment; \5\ except that in the case of indemnity for whole herd 
depopulation, as provided for in Sec. 51.3, swine shall be destroyed, if 
possible, on the premises where the animals are held or penned at the 
time the indemnity is approved, or may be moved for destruction to 
another location when movement to the location is approved in advance by 
an APHIS representative. In cases where the swine are destroyed other 
than at a slaughtering establishment, the carcasses of the swine shall 
be disposed of by burial, incineration, or other disposal means 
authorized by applicable State law. The destruction and disposition of 
animals destroyed in accordance with this section other than at a 
slaughtering establishment shall be performed in the presence of an 
APHIS representative.
---------------------------------------------------------------------------


    \5\ Markets are approved by the Administrator in accordance with 
Sec. 76.18 of this chapter.
---------------------------------------------------------------------------

    (d) Time limit for destruction of animals. Payment of indemnity 
shall be made under this part only if the animals are destroyed within 
15 days after the date of identification, pursuant to Sec. 51.5 of the 
regulations in this part, except that the appropriate Veterinarian in 
Charge may extend the time limit to 30 days when request for such 
extension is received from the owner prior to the expiration date of the 
original 15-day period allowed, or when the animals were sold for 
slaughter prior to the expiration date of the original 15-day period, 
and when the Veterinarian in Charge determines that such extension will 
not adversely affect the Brucellosis Eradication Program; and except 
further, that the Administrator shall, upon request in specific cases, 
extend the time limit beyond the 30-day period when unusual and 
unforeseen circumstances occur which prevent or hinder the destruction 
of the animals within the 30-day period, such as, but not limited to, 
floods, storms, or other Acts of God which are beyond the control of the 
owner, or when destruction is delayed due to requirements of another 
Federal Agency.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977, as amended at 45 FR 43680, June 27, 1980; 
45 FR 86410, Dec. 31, 1980; 46 FR 5861, Jan. 21, 1981; 47 FR 53324, Nov. 
26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 51 FR 
11300, Apr. 2, 1986; 51 FR 32599, Sept. 12, 1986; 54 FR 32435, Aug. 8, 
1989; 56 FR 18506, Apr. 23, 1991; 59 FR 12533, Mar. 17, 1994]



Sec. 51.7  Claims for indemnity.

    (a) Claims for indemnity for animals destroyed because of 
brucellosis shall be presented on indemnity claim forms furnished by 
APHIS on which the owner of the animals covered thereby shall certify 
that the animals are or are not subject to any mortgage as defined in 
this part. If the owner states

[[Page 149]]

there is a mortgage, the APHIS indemnity claim form shall be signed by 
the owner and by each person holding a mortgage on the animals, 
consenting to the payment of any indemnity allowed to the person 
specified thereon. Payment will be made only if the claimant has 
submitted a complete indemnity claim form to, and such claim has been 
approved by the Veterinarian in Charge or by an APHIS representative 
designated by him. On claims for indemnity made under the provisions of 
Sec. 51.3, the Veterinarian in Charge or an APHIS representative 
designated by him shall record on the APHIS indemnity claim form the 
amount of Federal and State indemnity payments that appear to be due to 
the owner of the animals. The owner of the animals shall be furnished a 
copy of the completed APHIS indemnity claim form. The Veterinarian in 
Charge or an APHIS representative designated by him shall then forward 
the completed APHIS indemnity claim form to the Administrator for 
further action on the claim. No charges for holding the animals on the 
farm pending slaughter or for trucking by the owner shall be so deducted 
or otherwise paid by the United States Department of Agriculture.
    (b) Claims for indemnity for registered cattle shall be accompanied 
by the cattle's registration papers issued in the name of the owner. If 
the registration papers are unavailable or if the cattle are less than 1 
year old and are not registered at the time the claim for indemnity is 
submitted, the Veterinarian in Charge may grant a 60-day extension or 
the Administrator may grant an extension longer than 60 days for the 
presentation of registration papers.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, 
and 47 FR 53324, Nov. 26, 1982, and amended at 47 FR 53324, Nov. 26, 
1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 54 FR 
32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991]



Sec. 51.8  Disinfection of premises, conveyances, and materials.

    All premises, including all structures, holding facilities, 
conveyances, and materials, contaminated because of occupation or use by 
brucellosis reactor or exposed animals shall be properly cleaned and 
disinfected with a disinfectant permitted by APHIS in accordance with 
recommendations of the APHIS or State representative within 15 days from 
the date reactors were removed from the premises, except that the 
appropriate Veterinarian in Charge may extend the time limit for 
disinfection to 30 days when request for such extension is received by 
him prior to the expiration date of the original 15-day period allowed, 
and when he determines that such extension will not adversely affect the 
Brucellosis Eradication Program; and except further, that the 
Administrator may, upon request in specific cases, extend the time limit 
beyond the 30-day period when unusual and unforeseen circumstances 
occur, such as but not limited to floods, storms, or other Acts of God, 
which are beyond the control of the owner, preventing or hindering the 
disinfection of premises, conveyances, and materials. Certain premises 
may be exempted from such cleaning and disinfecting requirements by 
approval of the appropriate Veterinarian in Charge on written 
recommendations by the APHIS or State representative or when a written 
report by the APHIS or State representative determines that there are no 
buildings, holding facilities, conveyances, or other materials on the 
premises that would require such cleaning and disinfection.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, 
and 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, 
Mar. 27, 1985; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991]



Sec. 51.9  Claims not allowed.

    Claims for compensation for animals destroyed because of brucellosis 
shall not be allowed if any of the following circumstances exist:
    (a) If the claimant has failed to comply with any of the 
requirements of this part.
    (b) If the existence of brucellosis in the animal was determined 
based on

[[Page 150]]

the results of an official test, as defined in Sec. 78.1 of this 
chapter, and specific instructions for the administration of the 
official test had not previously been issued to the individual 
performing the test by APHIS and the State animal health official.
    (c) If all cattle, bison, and swine eligible for testing in the 
claimant's herd have not been tested for brucellosis under APHIS or 
State supervision.
    (d) If the animals are barrows or gilts maintained for feeding 
purposes, or are spayed heifers or steers unless the steers are work 
oxen.
    (e) If the animals are classified as reactors and are unofficial 
vaccinates, unless there is either a record of a negative official test 
made not less than 30 days following the date of unofficial vaccination 
or unless other APHIS approved tests show the unofficial vaccinates are 
affected with virulent Brucella.
    (f) If there is substantial evidence that the owner or his agent has 
in any way been responsible for any unlawful or improper attempt to 
obtain indemnity funds for such animal.
    (g) If, at the time of test or condemnation, the animals belonged to 
or were upon the premises of any person to whom they had been sold for 
slaughter; shipped for slaugher, or delivered for slaughter.
    (h) If any known brucellosis reactor animal remains in the herd, 
unless, in the opinion of the Veterinarian in Charge, a reasonable 
search has been made for the brucellosis reactor animal and the 
brucellosis reactor animal could not be found and removed.
    (i) If the animals are brucellosis reactor animals which are 
slaughtered other than as part of a herd depopulation, and which are 
from a herd: (1) That was already classified as a ``herd known to be 
affected'' at the time the animals were identified as brucellosis 
reactor animals and (2) for which an approved action plan or approved 
individual herd plan (as defined in Sec. 78.1 of this chapter) was not 
in effect at the time the claim was filed.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, 
and 47 FR 53324, Nov. 26, 1982, and amended at 47 FR 53324, Nov. 26, 
1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 50 FR 
47036, Nov. 14, 1985; 51 FR 11300, Apr. 2, 1986; 54 FR 32435, Aug. 8, 
1989; 56 FR 18506, Apr. 23, 1991]



Sec. 51.10  Part 53 of this chapter not applicable.

    No claim for indemnity for animals destroyed because of brucellosis 
shall hereafter be paid under the regulations contained in part 53 of 
this chapter, but all such claims shall be presented and paid pursuant 
to and in compliance with regulations contained in this part.
[42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, 
and 47 FR 53324, Nov. 26, 1982; 50 FR 11993, Mar. 27, 1985]



PART 52 [RESERVED]






PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY--Table of Contents




Sec.
53.1  Definitions.
53.2  Determination of existence of disease; agreements with States.
53.3  Appraisal of animals or materials.
53.4  Destruction of animals.
53.5  Disinfection or destruction of materials.
53.6  Disinfection of animals.
53.7  Disinfection of premises, conveyances, and materials.
53.8  Presentation of claims.
53.9  Mortgage against animals or materials.
53.10  Claims not allowed.

    Authority: 21 U.S.C. 111, 114, 114a; 7 CFR 2.22, 2.80, and 371.2(d).

    Cross Reference: For non-applicability of part 53 with respect to 
certain claims for indemnity, see Sec. 51.10 of this chapter.

[[Page 151]]



Sec. 53.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Animals. Livestock, poultry, and all other members of the animal 
kingdom, including birds whether domesticated or wild, but not including 
man.
    APHIS employee. Any individual employed by the Animal and Plant 
Health Inspection Service who is authorized by the Administrator to do 
any work or perform any duty in connection with the control and 
eradication of disease.
    Bird. Any member of the class aves other than poultry.
    Department. The United States Department of Agriculture.
    Disease. Foot-and-mouth disease, rinderpest, contagious 
pleuropneumonia, exotic Newcastle disease, highly pathogenic avian 
influenza, or any other communicable disease of livestock or poultry 
that in the opinion of the Secretary constitutes an emergency and 
threatens the livestock or poultry of the United States.
    Exotic Newcastle Disease (END). Any velogenic Newcastle disease. 
Exotic Newcastle disease is an acute, rapidly spreading, and usually 
fatal viral disease of birds and poultry.
    Highly pathogenic avian influenza. (1) Any influenza virus that 
kills at least 75 percent of eight 4- to 6-week-old susceptible chickens 
within 10 days following intravenous inoculation with 0.2 ml of a 1:10 
dilution of a bacteria-free, infectious allantoic fluid;
    (2) Any H5 or H7 virus that does not meet the criteria in paragraph 
(1) of this definition, but has an amino acid sequence at the 
hemagglutinin cleavage site that is compatible with highly pathogenic 
avian influenza viruses; or
    (3) Any influenza virus that is not an H5 or H7 subtype and that 
kills one to five chickens and grows in cell culture in the absence of 
trypsin.
    Inspector in charge. An APHIS employee who is designated by the 
Administrator to take charge of work in connection with the control and 
eradication of disease.
    Materials. Parts of barns or other structures, straw, hay, and other 
feed for animals, farm products or equipment, clothing, and articles 
stored in or adjacent to barns or other structures.
    Mortgage. Any mortgage, lien, or other security or beneficial 
interest held by any person other than the one claiming indemnity.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Pet bird. Any bird that is kept for personal pleasure and is not for 
sale.
    Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves, 
pheasants, grouse, partridges, quail, guinea fowl, and pea fowl.
    Secretary. The Secretary of Agriculture of the United States, or any 
officer or employee of the Department to whom authority has been or may 
be delegated to act in the Secretary's stead.
    State. Each of the States of the United States, the District of 
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin 
Islands of the United States, or any other territory or possession of 
the United States.
[61 FR 56882, Nov. 5, 1996]



Sec. 53.2  Determination of existence of disease; agreements with States.

    (a) The Director of Division is hereby authorized to invite the 
proper State authorities to cooperate with the Department in the control 
and eradication of any disease within the meaning of Sec. 53.1(f).
    (b) Upon agreement of the authorities of the State to enforce 
quarantine restrictions and orders and directives properly issued in the 
control and eradication of such a disease, the Director of Division is 
hereby authorized to agree, on the part of the Department, to cooperate 
with the State in the control and eradication of the disease, and to pay 
50 percent (and in the case of exotic Newcastle disease or highly 
pathogenic avian influenza, up to 100 percent) of the expenses of 
purchase, destruction and disposition of animals and materials required 
to be destroyed because of being contaminated by or exposed to such 
disease:

[[Page 152]]

Provided, however, That if the animals were exposed to such disease 
prior to or during interstate movement and are not eligible to receive 
indemnity from any State, the Department may pay up to 100 percent of 
the purchase, destruction, and disposition of animals and materials 
required to be destroyed: Provided, further, That the cooperative 
program for the purchase, destruction, and disposition of birds shall be 
limited to birds which are identified in documentation pursuant to 
Cooperative Agreements,\1\ as constituting a threat to the poultry 
industry of the United States: And provided further, That the Secretary 
may authorize other arrangements for the payment of such expenses upon 
finding that an extraordinary emergency exists.
---------------------------------------------------------------------------


    \1\ Agreements between the Departments and the particular State 
involved relating to cooperative animal (including poultry) disease 
prevention, control, and eradication.
---------------------------------------------------------------------------

[37 FR 5689, Mar. 18, 1972, as amended at 49 FR 3448, Jan. 27, 1984; 49 
FR 26712, June 29, 1984; 61 FR 56883, Nov. 5, 1996]



Sec. 53.3  Appraisal of animals or materials.

    (a) Animals affected by or exposed to disease, and materials 
required to be destroyed because of being contaminated by or exposed to 
disease shall be appraised by an APHIS employee and a representative of 
the State jointly, or, if the State authorities approve, by an APHIS 
employee alone.
    (b) The appraisal of animals shall be based on the fair market value 
and shall be determined by the meat, egg production, dairy or breeding 
value of such animals. Animals may be appraised in groups providing they 
are the same species and type and providing that where appraisal is by 
the head each animal in the group is the same value per head or where 
appraisal is by the pound each animal in the group is the same value per 
pound.
    (c) Appraisals of animals shall be reported on forms furnished by 
APHIS. Reports of appraisals shall show the number of animals of each 
species and the value per head or the weight and value by pound.
    (d) Appraisals of materials shall be reported on forms furnished by 
APHIS. Reports of appraisals of materials shall, when practicable, show 
the number, size or quantity, unit price, and total value of each kind 
of material appraised.

(21 U.S.C. 112, 113, 115, 117, 120, 121, 134b)
[28 FR 5935, June 13, 1963, as amended at 35 FR 13981, Sept. 3, 1970; 36 
FR 25217, Dec. 30, 1971; 56 FR 51974, Oct. 17, 1991]



Sec. 53.4  Destruction of animals.

    (a) Animals affected by or exposed to disease shall be killed 
promptly after appraisal and disposed of by burial or burning, unless 
otherwise specifically provided by the Administrator in extraordinary 
circumstances.
    (b) The killing of animals and the burial, burning, or other 
disposal of carcasses of animals pursuant to the regulations in this 
part shall be supervised by an APHIS employee who shall prepare and 
transmit to the Administrator a report identifying the animals and 
showing the disposition thereof.
[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]



Sec. 53.5  Disinfection or destruction of materials.

    (a) In order to prevent the spread of disease, materials 
contaminated by or exposed to disease shall be disinfected: Provided, 
however, That in all cases in which the cost of disinfection would 
exceed the value of the materials or disinfection would be impracticable 
for any reason, the materials shall be destroyed, after appraisal as 
provided in Sec. 53.3.
    (b) The disinfection or destruction of materials under this section 
shall be under the supervision of an APHIS employee who shall prepare 
and transmit to the Administrator a certificate identifying all 
materials which are destroyed, showing the disposition thereof.
[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]



Sec. 53.6  Disinfection of animals.

    Animals of species not susceptible to the disease for which a 
quarantine has been established, but which have been

[[Page 153]]

exposed to the disease, shall be disinfected when necessary by such 
methods as the Administrator shall prescribe from time to time.
[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]



Sec. 53.7  Disinfection of premises, conveyances, and materials.

    All premises, including barns, corrals, stockyards and pens, and all 
cars, vessels, aircraft, and other conveyances, and the materials 
thereon, shall be cleaned and disinfected under supervision of an APHIS 
employee whenever necessary for the control and eradication of disease. 
Expenses incurred in connection with such cleaning and disinfection 
shall be shared according to the agreement reached under Sec. 53.2 with 
the State in which the work is done.
[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]



Sec. 53.8  Presentation of claims.

    Claims for (a) compensation for the value of animals, (b) cost of 
burial, burning or other disposition of animals, (c) the value of 
material destroyed, and (d) the expenses of destruction, shall each be 
presented, through the inspector in charge, to APHIS on separate 
vouchers in form approved by the Administrator.
[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]



Sec. 53.9  Mortgage against animals or materials.

    When animals or materials have been destroyed pursuant to the 
requirements contained in this part, any claim for indemnity shall be 
presented on forms furnished by APHIS on which the owner of the animals 
or materials shall certify that the animals or materials covered 
thereby, are, or are not, subject to any mortgage as defined in this 
part. If the owner states there is a mortgage, forms furnished by APHIS 
shall be signed by the owner and by each person holding a mortgage on 
the animals or materials, consenting to the payment of any indemnity 
allowed to the person specified thereon.
[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]



Sec. 53.10  Claims not allowed.

    (a) The Department will not allow claims arising under the terms of 
this part if the payee has not complied with all quarantine 
requirements.
    (b) Expenses for the care and feeding of animals held for 
destruction will not be paid by the Department, unless the payment of 
such expense is specifically authorized or approved by the 
Administrator.
    (c) The Department will not allow claims arising out of the 
destruction of animals or materials unless they shall have been 
appraised as prescribed in this part and the owners thereof shall have 
executed a written agreement to the appraisals.
    (d) The Department will not allow claims arising out of the 
destruction of animals or materials which have been moved or handled by 
the owner thereof or its officer, employee, or agent, acting within the 
scope of his or its office, employment or agency, in violation of a law 
or regulation administered by the Secretary for the prevention of the 
introduction into or the dissemination within the United States of any 
communicable disease of livestock or poultry for which the animal or 
material was destroyed, or in violation of a law or regulation for the 
enforcement of which the Secretary enters or has entered into a 
cooperative agreement for the control and eradication of such disease.
[28 FR 5935, June 13, 1963, as amended at 45 FR 86411, Dec. 31, 1980; 56 
FR 51974]



PART 54--CONTROL OF SCRAPIE--Table of Contents




Sec.
54.1  Definitions.

                          Subpart A [Reserved]

        Subpart B--Voluntary Scrapie Flock Certification Program

54.10  Administration.
54.11  Participation.
54.12  State Scrapie Certification Boards.
54.13  Cooperative agreements with States.

    Authority: 21 U.S.C. 111, 114, 114a, and 134a-134h; 7 CFR 2.22, 
2.80, and 371.2(d).

    Source: 28 FR 5936, June 13, 1963, unless otherwise noted.


[[Page 154]]



    Editorial Note: For nomenclature changes, see 53 FR 2581, Jan. 29, 
1988.



Sec. 54.1  Definitions.

    For the purpose of this part, the following words, names, and terms 
shall be construed, respectively, to mean:
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
functions specified in parts 1, 2, 3, and 11 of subchapter A of this 
chapter 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 employee of the United States Department of 
Agriculture to whom the Administrator has delegated authority to act in 
his or her stead.
    Affected animal. An animal for which a diagnosis of scrapie has been 
made by an APHIS representative or State representative.
    Animal. A sheep or goat.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service, United States Department of Agriculture.
    APHIS. The Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    APHIS representative. An individual employed by APHIS in animal 
health activities who is authorized by the Administrator to perform the 
function involved.
    Area Veterinarian in Charge. The veterinary official of APHIS, who 
is assigned by the Administrator to supervise and perform the official 
animal health work of the APHIS in the State concerned.
    Bloodline animal. The dam of an affected animal and the dam's first 
generation progeny, the maternal granddam of an affected animal, the 
first generation progeny of an affected animal, and all succeeding 
generations of female progeny from female progeny of an affected female 
animal.
    Breed association and registries. Organizations which maintain the 
permanent records of ancestry or pedigrees of animals (including the 
animal's sire and dam), individual identification of animals, and 
ownership of animals.
    Department. The U.S. Department of Agriculture.
    Destroyed. Killed by slaughter or by such other means as may be 
authorized by the Administrator in an exceptional situation.
    Exposed animal. Any animal which has been in the same flock at the 
same time within the previous 60 months as a scrapie-positive animal, 
excluding limited contacts. Limited contacts are contacts between 
animals that occur off the premises of the flock, and do not occur 
during or immediately after parturition for any of the animals involved. 
Limited contacts do not include commingling (when animals concurrently 
share the same pen or same section in a transportation unit where there 
is uninhibited physical contact).
    Flock. All animals maintained on any single premises; and all 
animals under common ownership or supervision on two or more premises 
which are geographically separated, but among which there is an 
interchange or movement of animals.
    Flock plan. A written flock management agreement designated by the 
owner of a flock, an accredited veterinarian, and an APHIS 
representative or State representative in which each participant agrees 
to undertake actions specified in the flock plan to control the spread 
of scrapie from, and eradicate scrapie in, an infected flock, source 
flock, or trace flock. The flock plan shall require an edipemiologic 
investigation to identify high-risk animals that must be removed from 
the flock, and shall include other requirements found necessary by the 
APHIS representative or State representative to control scrapie in the 
flock. These other requirements may include, but are not limited to, 
cleaning and disinfection of flock premises, education of the owner of 
the flock and personnel working with the flock in techniques to 
recognize clinical signs of scrapie and control the spread of scrapie, 
and maintaining records of animals in the flock.
    High-risk animal. An animal which is:
    (1) The progeny of a scrapie-positive dam;

[[Page 155]]

    (2) Born in the same flock during the same lambing season as progeny 
of a scrapie-positive dam, unless the progeny of the scrapie-positive 
dam are from separate contemporary lambing groups (groups that are 
managed as separate units and are not commingled during lambing and for 
60 days following the date of the last lamb is born in a lambing season, 
and that do not use the same lambing facility unless the lambing 
facility is cleaned and disinfected between lambings by removing all 
organic matter and spraying the lambing facility with a 2 percent sodium 
hydroxide solution or 0.5 percent sodium hypochlorite solution); or
    (3) Born in a source or trace flock during the same lambing season 
as a scrapie-positive ewe or ram in the same flock.
    Infected flock. Any flock in which an APHIS representative or a 
State representative has determined an animal to be a scrapie-positive 
animal after March 31, 1989. A flock will no longer be an infected flock 
after it has completed the requirements of a flock plan.
    Mortgage. Any mortgage, lien, or other security or beneficial 
interest held by any person other than the one claiming indemnity.
    Owner. A person, partnership, company, or corporation who has legal 
or rightful title to animals whether or not they are subject to a 
mortgage.
    Scrapie-positive animal. An animal for which a diagnosis of scrapie 
has been made by the National Veterinary Services Laboratories, United 
States Department of Agriculture, or another laboratory authorized by 
the Administrator to conduct scrapie tests in accordance with this part, 
through histological examinations of central nervous system samples from 
the animal for microscopic lesions in the form of neuronal vacuoles or 
spongy degeneration, or by the use of protease-resistant protein 
analysis or other confirmatory techniques used in conjunction with 
histological examinations.
    Source flock. A flock in which an APHIS representative or a State 
representative has determined that at least two animals were born that 
were diagnosed as scrapie-positive animals at an age of 54 months or 
less. In order for the flock to be a source flock, the second scrapie-
positive diagnosis must have been made within 60 months of the first 
scrapie-positive diagnosis and after March 31, 1989. A flock will no 
longer be a source flock after it has completed the requirements of a 
flock plan.
    State. Any State or Territory or possession of the United States, 
the District of Columbia, or Puerto Rico.
    State representative. An individual employed in animal health 
activities by a State or a political subdivision of a State, and who is 
authorized by the State or political subdivision to perform the function 
involved.
    Trace flock. A flock in which an APHIS representative or a State 
representative has determined that one animal was born that was 
diagnosed as a scrapie-positive animal at an age of 54 months or less. 
In order for the flock to be a trace flock, the scrapie-positive 
diagnosis must have been made after March 31, 1989. A flock will no 
longer be a trace flock after it has completed the requirements of a 
flock plan.
    Uniform methods and rules--voluntary scrapie flock certification. 
Uniform methods and rules for reducing the incidence and controlling the 
spread of scrapie through flock certification.\1\
---------------------------------------------------------------------------


    \1\ Individual copies of the UM&R may be obtained from the Animal 
and Plant Health Inspection Service, Veterinary Services, Sheep, Goat, 
Equine, and Poultry Diseases, 4700 River Road Unit 43, Riverdale, 
Maryland 20737-1231 or from the American Sheep Industry Association, 
Producer Services, 6911 S. Yosemite Street, Englewood, CO 80112-1414, 
telephone (303) 771-3500.
---------------------------------------------------------------------------

[43 FR 41184, Sept. 15, 1978, as amended at 48 FR 16236, Apr. 15, 1983; 
48 FR 38206, Aug. 23, 1983; 53 FR 2581, Jan. 29, 1988; 57 FR 33630, July 
30, 1992; 59 FR 21920, Apr. 28, 1994; 59 FR 48993, Sept. 26, 1994; 59 FR 
67612, Dec. 30, 1994]



                          Subpart A [Reserved]



        Subpart B--Voluntary Scrapie Flock Certification Program

    Source: 57 FR 33631, July 30, 1992, unless otherwise noted.


[[Page 156]]





Sec. 54.10  Administration.

    (a) The Voluntary Scrapie Flock Certification Program is a 
cooperative effort between APHIS; members of the sheep and goat industry 
including owners of flocks, slaughterers and renderers, and breed 
associations and registeries; accredited veterinarians; and State 
governments. APHIS coordinates with State Scrapie Certification Boards 
and State animal health agencies to encourage flock owners to reduce the 
incidence of scrapie by voluntarily complying with the ``Uniform Methods 
and Rules--Voluntary Scrapie Flock Certification.''



Sec. 54.11  Participation.

    Any owner of a flock may apply to enter the Voluntary Scrapie Flock 
Certification Program by sending a written request applying for 
enrollment to a State Scrapie Certification Board, or to the 
Administrator. A notice containing a current list of flocks 
participating in the Voluntary Scrapie Flock Certification Program, and 
the certification status of each flock, will be published in the Federal 
Register from time to time. This list may also be obtained from the 
Animal and Plant Health Inspection Service, Veterinary Services, Sheep, 
Goat, Equine, and Poultry Diseases, 4700 River Road Unit 43, Riverdale, 
Maryland 20737-1231.

(Approved by the Office of Management and Budget under control number 
0579-0101)

[57 FR 33631, July 30, 1992, as amended at 59 FR 67612, Dec. 30, 1994]



Sec. 54.12  State Scrapie Certification Boards.

    An Area Veterinarian in Charge, after consulting with a State 
representative and industry representatives, may appoint a State Scrapie 
Certification Board for the purpose of coordinating activities for the 
Voluntary Scrapie Flock Certification Program, including making 
decisions to admit flocks to the Voluntary Scrapie Flock Certification 
Program and to change flock status in accordance with the ``Uniform 
Methods and Rules--Voluntary Scrapie Flock Certification.'' No more than 
one State Scrapie Certification Board may be formed in each State. Each 
State Scrapie Certification Board shall include as members the Area 
Veterinarian in Charge, one or more State representatives, one or more 
accredited veterinarians, and one or more owners of flocks, and at the 
discretion of the Area Veterinarian in Charge may include other members.



Sec. 54.13  Cooperative agreements with States.

    APHIS may execute a cooperative agreement with the animal health 
agency of any State to cooperatively carry out administration of the 
Voluntary Scrapie Flock Certification Program within that State. These 
cooperative agreements will describe the respective roles of APHIS and 
State personnel in implementing the ``Uniform Methods and Rules--
Voluntary Scrapie Flock Certification Program,'' and may: specify the 
financial, material, and personnel resources to be committed to the 
Voluntary Scrapie Flock Certification Program by APHIS and the State; 
assign specific Voluntary Scrapie Flock Certification Program activities 
to APHIS or State personnel; establish schedules for APHIS 
representatives or State representatives to visit participating flocks; 
establish procedures for maintaining and sharing Voluntary Scrapie Flock 
Certification Program records specified in the ``Uniform Methods and 
Rules--Voluntary Scrapie Flock Certification Program,'' and specify 
other responsibilities of State representatives and Veterinary Services 
representatives in support of the Voluntary Scrapie Flock Certification 
Program.

(Approved by the Office of Management and Budget under control number 
0579-0101)



PARTS 55-56 [RESERVED]




[[Page 157]]



SUBCHAPTER C--INTERSTATE TRANSPORTATION OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS





PART 70--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS--Table of Contents




                           Subpart A--General

Sec.
70.1  Scope and applicability of rules of practice.

                Subpart B--Supplemental Rules of Practice

70.10  Stipulations.

    Authority: Secs. 4-7, 23 Stat. 32, as amended; secs. 2 and 3, 32 
Stat. 792, as amended; secs. 1, 3, 4, and 6, 33 Stat. 1264, 1265, as 
amended; sec. 11, 58 Stat. 734, as amended; sec. 2, 65 Stat. 693, as 
amended; secs. 3 and 4, 76 Stat. 130, sec. 6, 76 Stat. 131, as amended; 
sec. 11, 76 Stat. 132; 21 U.S.C. 111, 112, 114a, 114a-1, 115, 117, 120, 
122, 123, 125-127, 134b, 134c, 134e, 134f; 7 CFR 2.22, 2.80, 371.2(d).

    Source: 48 FR 30094, June 30, 1983, unless otherwise noted.



                           Subpart A--General



Sec. 70.1  Scope and applicability of rules of practice.

    The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal 
Regulations, are the Rules of Practice applicable to adjudicatory, 
administrative proceedings under the following statutory provisions:

    Act of May 29, 1884, commonly known as the Animal Industry Act, 
section 7, as amended (21 U.S.C. 117),
    Act of February 2, 1903, commonly known as the Cattle Contagious 
Diseases Act of 1903, Section 3, as amended (21 U.S.C. 122),
    Act of March 3, 1905, Section 6, as amended (21 U.S.C. 127),
    Act of July 2, 1962, Section 6(a), as amended (21 U.S.C. 134e).


In addition, the Supplemental Rules of Practice set forth in subpart B 
of this part shall be applicable to such proceedings.



                Subpart B--Supplemental Rules of Practice



Sec. 70.10  Stipulations.

    (a) At any time prior to the issuance of a complaint seeking a civil 
penalty under any of the Acts listed in Sec. 70.1, the Administrator, in 
his discretion, may enter into a stipulation with any person in which:
    (1) The Administrator or the Administrator's delegate gives notice 
of an apparent violation of the Act, or the regulations issued 
thereunder, by such person and affords such person an opportunity for a 
hearing regarding the matter as provided by the Act;
    (2) Such person expressly waives hearing and agrees to pay a 
specified penalty within a designated time; and
    (3) The Administrator agrees to accept the penalty in settlement of 
the particular matter involved if the penalty is paid within the 
designated time.
    (b) If the penalty is not paid within the time designated in such a 
stipulation, the amount of the stipulated penalty shall not be relevant 
in any respect to the penalty which may be assessed after issuance of a 
complaint.



PART 71--GENERAL PROVISIONS--Table of Contents




Sec.
71.1  Definitions.
71.2  Secretary to issue rule governing quarantine and interstate 
          movement of diseased animals, including poultry.
71.3  Interstate movement of diseased animals and poultry generally 
          prohibited.
71.4  Maintenance of certain facilities and premises in a sanitary 
          condition required; cleaning and disinfection, when required; 
          animals classed as ``exposed.''
71.5  Unsanitary railroad cars, trucks, boats, aircraft or other means 
          of conveyance; interstate movement restricted.
71.6  Carrier responsible for cleaning and disinfecting of railroad 
          cars, trucks, boats, aircraft or other means of conveyance.
71.7  Means of conveyance, facilities, premises, and cages and other 
          equipment; methods of cleaning and disinfecting.
71.10  Permitted disinfectants.
71.11  Cresylic disinfectant as permitted disinfectant; specifications.

[[Page 158]]

71.12  Sodium orthophenylphenate as permitted disinfectant for premises 
          infected with tuberculosis.
71.13  Inspection of shipments in transit by APHIS representative.
71.14  Slaughter of poultry or other animals to prevent spread of 
          disease; ascertainment of value and compensation.
71.15  Movement from quarantined to free area and shipment therefrom; 
          conditions under which permitted.
71.16  Inspection and certification of poultry or other animals for 
          interstate movement.
71.17  Interstate movement of dead poultry or other animals prohibited 
          in same car with live poultry or other animals.
71.18  Individual identification of certain cattle 2 years of age or 
          over for movement in interstate commerce.
71.19  Identification of swine in interstate commerce.
71.20  Approval of livestock facilities.

    Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 28 FR 5937, June 13, 1963, unless otherwise noted.



Sec. 71.1  Definitions.

    As used in this part, the following terms shall have the meanings 
set forth in this section.
    Accredited Veterinarian. A veterinarian who is approved by the 
Administrator, in accordance with part 161 of this chapter, to perform 
official animal health work of the Animal and Plant Health Inspection 
Service specified in subchapters A, B, C, and D of this chapter; and to 
perform work required by cooperative state-federal disease control and 
eradication programs.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Approved livestock facility. A stockyard, livestock market, buying 
station, concentration point, or any other premises under State or 
Federal veterinary supervision where livestock are assembled and that 
has been approved under Sec. 71.20.
    Area Veterinarian in Charge. The veterinary official of APHIS, 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.
    Breeder swine. Sexually intact swine over 6 months of age.
    Commingling. The mixing or assembling of swine from one premises 
with swine from any other premises, including, but not limited to, 
loading swine from more than one premises on the same truck, trailer, 
vessel, or railroad car, unless swine from different premises are kept 
separate on the means of conveyance by dividers.
    Department. The United States Department of Agriculture.
    Feeder swine. Swine under 6 months of age that are not slaughter 
swine.
    Free area. The States, Territories, or the District of Columbia or 
portions thereof not quarantined by the Secretary of Agriculture for the 
specific contagious, infectious, or communicable animal disease 
mentioned in each part.
    Horses. Horses, asses, mules, ponies, and zebras.
    Interstate. From one State into or through any other State.
    Interstate commerce. Trade, traffic, transportation, or other 
commerce between a place in a state and any place outside of that state, 
or between points within a state but through any place outside of that 
state.
    Livestock. Horses, cattle, bison, sheep, and swine.
    Livestock market. A stockyard, buying station, concentration point, 
or any other premises where livestock are assembled for sale or sale 
purposes.
    Moved (movement) in interstate commerce. Moved from the point of 
origin of the interstate movement to the animals' final destination, 
such as a slaughtering establishment or a farm for breeding or raising, 
and including any temporary stops along the way, such as at a stockyard 
or dealer premises for feed, water, rest, or sale.
    Official Brand Inspection Agency. The duly constituted body elected, 
appointed, or delegated or granted authority by a State or governmental 
subdivision thereof, to administer laws,

[[Page 159]]

regulations, ordinances or rules pertaining to the brand identification 
of livestock.
    Official brand inspection certificate. A certificate issued by an 
official brand inspection agency in any State in which such certificates 
are required for movement of livestock.
    Official eartag. An identification eartag approved by APHIS as being 
tamper-resistant and providing unique identification for each animal. An 
official eartag may conform to the alpha-numeric National Uniform 
Eartagging System, or it may bear a valid premises identification number 
that is used in conjunction with the producer's livestock production 
numbering system to provide a unique identification number.
    Official swine tattoo. A tattoo, conforming to the six-character 
alpha-numeric National Tattoo System, that provides a unique 
identification for each herd or lot of swine.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or other legal entity.
    Premises identification number. A unique number assigned by the 
State animal health official to a livestock production unit that is, in 
the judgment of the State animal health official or area veterinarian in 
charge, epidemiolog-ically distinct from other livestock production 
units. A premises identification number shall consist of the State's 
two-letter postal abbreviation followed by the premises' assigned 
number. A premises identification number may be used in conjunction with 
a producer's own livestock production numbering system to provide a 
unique identification number for an animal.
    Purebred registry association. A swine breed association formed and 
perpetuated for the maintenance of records of purebreeding of swine 
species for a specific breed whose characteristics are set forth in 
constitutions, by-laws, and other rules of the association.
    Quarantined area. The States, Territories, or the District of 
Columbia or portions thereof quarantined by the Secretary of Agriculture 
for the specific contagious, infectious, or communicable animal disease 
mentioned in each part.
    Slaughter swine. Swine being sold or moved for slaughter purposes 
only.
    State. Any of the 50 states, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, the District of Columbia, 
and any territories and possessions of the United States.
    State animal health official. The state official responsible for 
livestock and poultry disease control and eradication programs.
    State representative. An individual employed in animal health work 
by a state or a political subdivision thereof and authorized by such 
state or political subdivision to perform the function involved.
    Tick infested. Infested with the ticks Boophilus annulatus 
(Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi 
evertsi.
    United States Department of Agriculture backtag. A backtag issued by 
APHIS that conforms to the eight-character alpha-numeric National 
Backtagging System, and that provides unique identification for each 
animal.
[28 FR 5937, June 13, 1963, as amended at 29 FR 14489, Oct. 22, 1964; 35 
FR 14197, Sept. 9, 1970; 38 FR 18011, July 6, 1973; 50 FR 45987, Nov. 6, 
1985; 51 FR 32599, Sept. 12, 1986, 53 FR 40385, Oct. 14, 1988; 55 FR 
11155, 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27933, 
May 22, 1997; 62 FR 54758, Oct. 22, 1997]



Sec. 71.2  Secretary to issue rule governing quarantine and interstate movement of diseased animals, including poultry.

    When the Secretary of Agriculture shall determine the fact that 
poultry or other animals in any State, Territory, or the District of 
Columbia are affected with any contagious, infectious, or communicable 
disease of livestock or poultry for which, in his opinion, a quarantine 
should be established or that other basis for a quarantine exists, 
notice will be given of that fact, and a rule will be issued 
accordingly, placing in quarantine such State, Territory, or the 
District of Columbia, or specified portion thereof. This rule will 
either absolutely forbid the interstate movement of the quarantined 
animals

[[Page 160]]

from the quarantined area or will indicate the regulations under which 
interstate movements may be made.
[34 FR 15641, Oct. 9, 1969]



Sec. 71.3  Interstate movement of diseased animals and poultry generally prohibited.

    (a) Animals or poultry affected with any of the following diseases, 
which are endemic to the United States: Equine piroplasmosis, bovine 
piroplasmosis or splenetic fever, scabies in cattle, pseudorabies, acute 
swine erysipelas, tuberculosis, paratuberculosis, brucellosis, scrapie, 
bluetongue, anthrax, chlamydiosis, poultry disease caused by Salmonella 
enteritidis serotype enteritidis, and Newcastle disease, or any other 
communicable disease which is endemic to the United States, or which are 
cattle fever tick infested, shall not be moved interstate.
    (b) Animals or poultry affected with any of the following diseases, 
not known to exist in the United States: foot-and-mouth disease, 
rinderpest, African swine fever, hog cholera, Teschen disease, 
contagious bovine pleuropneumonia, European fowl pest, dourine, 
contagious equine metritis, vesicular exanthema, screwworms and 
glanders, scabies in sheep or any other communicable foreign disease not 
known to exist in the United States, shall not be moved interstate.
    (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section:
    (1) Domestic animals which have reacted to a test recognized by the 
Secretary of Agriculture for brucellosis, or paratuberculosis, which are 
not affected with any other disease referred to in this section and are 
not tick infested, may be moved interstate in accordance with part 78 of 
this chapter in the case of brucellosis reactors and with the provisions 
of part 80 of this subchapter in the case of paratuberculosis reactors;
    (2) Cattle which have reacted to the tuberculin test, which are not 
affected with any other disease referred to in this section and are not 
tick infested, may be moved interstate in accordance with the provisions 
of Sec. 77.5 of this subchapter; and
    (3) Poultry affected with disease caused by Salmonella enteritidis 
serotype enteritidis may be moved interstate in accordance with part 82 
of this chapter.
    (4) Swine infected with or exposed to pseudorabies may be moved 
interstate in accordance with part 85 of this chapter.
    (d) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, livestock which is found to be diseased may be moved interstate 
in accordance with paragraphs (d)(1) through (6) of this section: 
Provided, That such livestock is not tick infested or affected with any 
disease referred to in this section other than the diseases named in 
this paragraph: And provided further, That such livestock is accompanied 
by a certificate, issued by an APHIS or State representative or 
accredited veterinarian stating the destination of the animals; the 
purpose for which they are to be moved; the number of animals covered by 
the certificate; the point from which the animals are moved interstate; 
and the name and address of the owner or shipper.
    (1) Livestock affected with one or more of the following diseases 
may be moved interstate for immediate slaughter to a slaughtering 
establishment where State or Federal meat inspection is maintained; 
Actinomycosis, actinobacillosis, anaplasmosis, atrophic rhinitis, 
contagious ecthyma, foot rot, infectious keratitis, ram epididymitis, 
ringworm, swine influenza, arthritis (simple lesions only), and shipping 
fever.
    (2) Cattle with slight unopened cases of actinomycosis or 
actinobacillosis (or both) may be moved interstate to a feed lot in the 
State of destination: Provided, That such cattle are not affected with 
any other disease named in this paragraph.
    (3) Sheep affected with or exposed to contagious ecthyma may be 
moved interstate to a feed lot located in a State the laws, rules, or 
regulations of which require that such sheep be segregated or 
quarantined under a permit from an official of such State: Provided, 
That such sheep are not affected with any other disease named in this 
paragraph.
    (4) Livestock affected with one or more of the following diseases 
may be moved interstate for any purpose to a

[[Page 161]]

State the laws, rules, or regulations of which require that such 
livestock be segregated or quarantined under a permit from the 
appropriate livestock sanitary official of such State: actinomycosis, 
actinobacillosis, contagious ecthyma, foot rot, and shipping fever: 
Provided, That such livestock is not affected with any other disease 
named in this paragraph.
    (5) Livestock affected with infectious keratitis or ringworm (or 
both) may be moved interstate for any purpose if treated under the 
supervision of an APHIS or State representative or an accredited 
veterinarian prior to movement: Provided, That such livestock is not 
affected with any other disease named in this paragraph. Livestock 
affected with infectious keratitis or ringworm (or both) and also with 
another disease named in this paragraph may be moved interstate only 
under the applicable provisions of paragraphs (d)(1) through (4) of this 
section after being so treated for infectious keratitis or ringworm (or 
both). Such livestock will be subject to further treatment at 
destination, if required.
    (6) Other Movements. The Administrator may provide for the movement, 
not otherwise provided for in this paragraph, of animals affected with 
the diseases named in paragraph (d)(1) of this section, under such 
conditions as he may prescribe to prevent the spread of disease. The 
Administrator will promptly notify the appropriate livestock sanitary 
officials of the States involved of any such action.
    (e) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, the Administrator in specific cases and under such conditions 
as he may prescribe to prevent the dissemination of disease may provide 
for the interstate movement of individual animals affected with 
contagious, infectious, or communicable disease to a designated 
diagnostic or research facility when accompanied by a permit from the 
appropriate livestock sanitary official in the State of destination: 
Provided, That animals so moved shall be maintained in quarantine at 
such designated facility until freed of disease as determined by tests 
recognized by the Department, until natural death, or until disposal by 
euthanasia.
    (f) Before offering cattle or other livestock or poultry for 
interstate transportation, transporting them interstate, or introducing 
them into any stockyards or upon routes of traffic for interstate 
transportation, all persons, companies, or corporations are required to 
exercise reasonable diligence to ascertain whether such animals or 
poultry are affected with any contagious, infectious, or communicable 
disease, or have been exposed to the contagion or infection of any such 
disease by contact with other animals or poultry so diseased or by 
location in pens, cars, or other vehicles, or upon premises that have 
contained animals or poultry so diseased.
[28 FR 5937, June 13, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 71.3, 
see the List of Sections Affected in the Finding Aids section of this 
volume.



Sec. 71.4  Maintenance of certain facilities and premises in a sanitary condition required; cleaning and disinfection, when required; animals classed as 
          ``exposed.''

    (a) Yards, pens, chutes, alleys, and other facilities and premises 
which are used in connection with the interstate movement of livestock 
or poultry shall be maintained by the person in possession of the 
facilities and premises in a clean and sanitary condition, in accordance 
with good animal husbandry practices, and shall be subject to inspection 
by an APHIS or State representative. When an APHIS or State 
representative determines that such facilities or premises are not in 
such clean and sanitary condition and gives written notice of his 
determination to such person, the facilities and premises shall be 
cleaned and disinfected in accordance with Secs. 71.7 and 71.10 through 
71.12 by such person under the supervision of an APHIS or State 
representative or an accredited veterinarian before such premises are 
again used for livestock or poultry.
    (b) Yards, pens, chutes, alleys, and other facilities and premises 
which have contained interstate shipments of cattle, sheep, swine, 
poultry, or other animals affected with, or carrying the

[[Page 162]]

infection of, any contagious, infectious, or communicable disease of 
livestock or poultry other than slight unopened cases of actinomycosis 
or actinobacillosis (or both), bovine foot rot, atrophic rhinitis, ram 
epididymitis, ringworm, infectious keratitis, and arthritis (simple 
lesions only), shall be cleaned and disinfected under the supervision of 
an APHIS or State representative or an accredited veterinarian in 
accordance with Secs. 71.7 and 71.10 through 71.12 before such premises 
are again used for animals, and any poultry or other animals unloaded 
into such yards or premises before they have been so cleaned and 
disinfected shall thereafter be classed as ``exposed'' within the 
meaning of the regulations in this subchapter and shall not be moved 
interstate except in compliance with the provisions of such regulations 
applicable to ``exposed'' animals.
[34 FR 15641, Oct. 9, 1969, as amended at 55 FR 11156, Mar. 27, 1990; 55 
FR 15320, Apr. 23, 1990; 62 FR 27933, May 22, 1997]



Sec. 71.5  Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted.

    No person who receives notice from an APHIS representative that a 
railroad car, truck, boat, aircraft or other means of conveyance owned 
or operated by such person is not in a clean and sanitary condition in 
accordance with good animal husbandry practices, shall thereafter use 
such means of conveyance in connection with the interstate movement of 
livestock or poultry, or move said means of conveyance interstate, until 
it has been cleaned and disinfected under the supervision of an APHIS or 
State representative or an accredited veterinarian in accordance with 
Secs. 71.7 and 71.10 through 71.12.
[34 FR 15641, Oct. 9, 1969, as amended at 55 FR 11156, Mar. 27, 1990; 55 
FR 15320, Apr. 23, 1990; 62 FR 27933, May 22, 1997]



Sec. 71.6  Carrier responsible for cleaning and disinfecting of railroad cars, trucks, boats, aircraft or other means of conveyance.

    (a) Railroad cars, trucks, boats, aircraft, and other means of 
conveyance which have been used in the interstate transportation of 
cattle, sheep, swine, poultry, or other animals affected with, or 
carrying the infection of, any contagious, infectious, or communicable 
disease of livestock or poultry, other than slight unopened cases of 
actinomycosis or actinobacillosis (or both), atrophic rhinitis, bovine 
foot rot, brucellosis, ram epididymitis, ringworm, infectious keratitis, 
and arthritis (simple lesions only), shall be cleaned and disinfected 
under APHIS supervision in accordance with Secs. 71.7 and 71.10 through 
71.12 at the point where the animals are unloaded and the final carrier 
shall be responsible for such cleaning and disinfecting: Provided, That 
when APHIS supervision is not available at such point, the means of 
conveyance may be cleaned and disinfected under the supervision of a 
State representative or an accredited veterinarian.
    (b) No railroad car, truck, boat, aircraft or other means of 
conveyance from which poultry or other animals affected with an 
infectious, contagious or communicable disease of livestock or poultry, 
other than those specified in Sec. 71.4(b), have been unloaded shall 
thereafter be used in connection with the interstate movement of 
animals, including poultry, or be moved interstate until it has been 
cleaned and disinfected by the final carrier under the supervision of an 
APHIS or State representative or an accredited veterinarian in 
accordance with Secs. 71.7 and 71.10 through 71.12.
    (c) If APHIS supervision or other supervision as required by 
paragraph (a) or (b) of this section or proper cleaning and disinfecting 
facilities are not available at the point where the animals are 
unloaded, upon permission first received from the Animal and Plant 
Health Inspection Service, the means of conveyance may be forwarded 
empty to a point at which such supervision and facilities are available, 
and there be cleaned and disinfected under supervision in accordance 
with Secs. 71.7 and 71.10 through 71.12.
[34 FR 15641, Oct. 9, 1969, as amended at 37 FR 25337, Nov. 30, 1972; 39 
FR 4465, Feb. 4, 1974; 55 FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 
1990; 62 FR 27934, May 22, 1997]

[[Page 163]]



Sec. 71.7  Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting.

    (a) Railroad cars, trucks, aircraft, or other means of conveyance, 
except boats, required by the regulations in this subchapter to be 
cleaned and disinfected shall be treated in the following manner: Remove 
all litter and manure from all portions of the conveyance, including any 
external ledges and framework; clean the exterior and interior of the 
conveyance; and saturate the entire interior surface, including the 
inner surface of the doors of the conveyance, with a permitted 
disinfectant specified in Secs. 71.10 through 71.12.
    (b) Boats required by the regulations in this subchapter to be 
cleaned and disinfected shall be treated in the following manner: Remove 
all litter and manure from the decks and stalls, and all other parts of 
the boat occupied or traversed by any poultry or other animals and from 
the portable chutes or other appliances or fixtures used in loading and 
unloading the animals, and saturate with a permitted disinfectant the 
entire surface of the deck, stalls, or other parts of the boat occupied 
or traversed by any animals or with which they may come in contact or 
which have contained litter or manure.
    (c) Yards, pens, chutes, alleys, cages, and other equipment required 
by the regulations in this subchapter to be disinfected shall be treated 
in the following manner: Empty all troughs, racks, or other feeding or 
watering appliances; remove all litter and manure from the floors, 
posts, or other parts; and saturate the entire surface of the fencing, 
troughs, chutes, floors, walls, and other parts with a permitted 
disinfectant specified in Secs. 71.10 through 71.12.
[34 FR 15642, Oct. 9, 1969, as amended at 61 FR 56883, Nov. 5, 1996]



Sec. 71.10  Permitted disinfectants.

    (a) Disinfectants permitted for use on cars, boats, and other 
vehicles, premises, and cages and other equipment are as follows:
    (1) ``Cresylic disinfectant'' in the proportion of at least 4 fluid 
ounces to 1 gallon of water.
    (2) Liquefied phenol (U.S.P. strength 87 percent phenol) in the 
proportion of at least 6 fluid ounces to 1 gallon of water.
    (3) Chlorinated lime (U.S.P. strength, 30 percent available 
chlorine) in the proportion of 1 pound to 3 gallons of water.
    (4) Sodium hydroxide (Lye) prepared in a fresh solution in the 
proportion of not less than 1 pound avoirdupois of sodium hydroxide of 
not less than 95 percent purity to 6 gallons of water, or one 13\1/2\ 
ounce can to 5 gallons of water. Due to the extreme caustic nature of 
sodium hydroxide solution, precautionary measures such as the wearing of 
rubber gloves, boots, raincoat, and goggles should be observed. An acid 
solution such as vinegar shall be kept readily available in case any of 
the sodium hydroxide solution should come in contact with the body.
    (5) Disinfectants which are registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.), with 
tuberculocidal claims, as disinfectants for general use, may be used for 
the purpose of this part in accordance with directions on the labels 
accepted in connection with their registration. However, disinfectants 
which fall in this category are not permitted for use in outbreaks of 
foreign animal diseases unless in specific cases such use is approved in 
advance by the Administrator.
    (b) The use of ``cresylic disinfectant'' is permitted subject to the 
following conditions:
    (1) The manufacturer thereof shall have obtained specific permission 
from APHIS for the use of his products in official disinfection. To 
obtain such permission manufacturers shall first submit a sample of at 
least 8 ounces for examination, together with a statement of the formula 
employed and a guaranty that the product will be maintained of a quality 
uniform with the sample submitted.
    (2) To prevent confusion, the product of each manufacturer and 
distributor shall bear a distinctive trade name or brand, together with 
the name of the manufacturer or distributor.
    (3) The product shall at all times conform to specifications for 
composition

[[Page 164]]

and performance issued by the Administrator.
[28 FR 5937, June 13, 1963, as amended at 32 FR 19157, Dec. 20, 1967; 37 
FR 8864, May 2, 1972; 37 FR 9460, May 11, 1972; 55 FR 11156, Mar. 27, 
1990; 55 FR 15320, Apr. 23, 1990; 61 FR 56883, Nov. 5, 1996]



Sec. 71.11  Cresylic disinfectant as permitted disinfectant; specifications.

    The following specifications will be employed for determining the 
suitability of cresylic disinfectant for use under the provisions of 
Sec. 71.10(b)(3):
    (a) The product shall remain a uniform liquid when held at 0 deg. C. 
(32 deg. F.) for 3 hours (chill test).
    (b) The product shall dissolve completely in 30 parts of distilled 
water at 25 deg. C. (77 deg. F.) within 2 minutes (solution-rate test), 
producing a solution entirely free from globules and not more than 
faintly opalescent (solubility-degree test).
    (c) The product shall contain not more than 25 percent of inert 
ingredients (water and glycerin), not more excess alkali than the 
equivalent of 0.5 percent of sodium hydroxide, and not less than 21 
percent of soap exclusive of water, glycerin, and excess alkali.
    (d) The product shall contain not less than 50 percent and not more 
than 53 percent of total phenols. It shall contain less than 5 percent 
of benzophenol (C\6\H\5\OH).
    (e) The methods of determining compliance with the specifications in 
paragraphs (a) to (d) of this section will be those described in United 
States Department of Agriculture Bulletin 1308, Chemical and Physical 
Methods for the Control of Saponified Cresol Solutions, so far as they 
are applicable.
    (f) Any suitable glyceride, fat acid, or resin acid may be used in 
preparing the soap, but not all are suitable nor are all grades of a 
single product equally suitable, Also various grades of commercial 
cresylic acid differ in suitability. Therefore, manufacturers are 
cautioned to prepare a trial laboratory batch from every set of 
ingredients and to prove its conformity with paragraphs (a) and (b) of 
this section, before proceeding with manufacture on a factory scale.



Sec. 71.12  Sodium orthophenylphenate as permitted disinfectant for premises infected with tuberculosis.

    (a) A permitted brand of sodium orthophenylphenate in a proportion 
of at least one pound to 12 gallons of water is permitted in 
tuberculosis eradication work for disinfecting infected premises 
following the removal of cattle that reacted to the tuberculin test.
    (b) It is absolutely necessary that the solution be applied at a 
temperature of 60 deg. F. or over. Whenever the temperature of the 
building to be disinfected is below 60 deg. F., as indicated by a wall 
thermometer, the solution shall be heated to 120 deg. F. and higher in 
very cold weather, to insure effective disinfection.



Sec. 71.13  Inspection of shipments in transit by APHIS representative.

    All persons and corporations having control of the interstate 
transportation of livestock or poultry shall, when directed by an APHIS 
inspector so to do, stop the same in transit for inspection, and if any 
of such poultry or other animals are found upon such inspection to be 
infected with any contagious, infectious, or communicable disease or to 
have been exposed to such infection, the person or corporation having 
control of the transportation of such poultry or other animals shall, 
upon receipt of an order from an APHIS representative so to do, cease 
the carriage, transportation, or moving of such poultry or other animals 
unless such carriage, transportation, or moving can be accomplished in 
accordance with the regulations in this subchapter governing the 
interstate movement of poultry or other animals infected with or which 
have been exposed to the infection of such disease, and in all cases 
after the discovery of such infection or exposure thereto such poultry 
or other animals shall be handled in accordance with such regulations.
[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969; 55 
FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27934, May 
22, 1997]

[[Page 165]]



Sec. 71.14  Slaughter of poultry or other animals to prevent spread of disease; ascertainment of value and compensation.

    When, in order to prevent the spread of any contagious, infectious, 
or communicable disease, it becomes necessary to slaughter any diseased 
or exposed animals, including poultry, and the purchase of such animals, 
including poultry, by the United States is authorized by law and an 
appropriation is available therefor, the value of the animals, including 
poultry shall be ascertained and compensation made therefor in 
accordance with the orders or regulations of the Secretary of 
Agriculture.
[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]



Sec. 71.15  Movement from quarantined to free area and shipment therefrom; conditions under which permitted.

    No livestock or poultry shall be shipped, trailed, driven, or hauled 
in private conveyance from the quarantined area in any State, Territory, 
or the District of Columbia to the free area in the same State, 
Territory, or the District of Columbia and subsequently delivered to a 
transportation company for shipment or moved to any other State, 
Territory, or the District of Columbia without complying with all 
Federal and State regulations pertaining to such movements.
[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]



Sec. 71.16  Inspection and certification of poultry or other animals for interstate movement.

    (a) Assistance and facilities. When poultry or other animals are to 
be inspected and certified by an APHIS representative, assistance and 
proper facilities for restraining them shall be provided in order that a 
careful inspection may be made, and the representative while making the 
inspection shall not be interfered with in any manner; otherwise 
inspection will be immediately discontinued.
    (b) Certificates and other statements to accompany shipments. 
Whenever inspection or treatment and the issuance of a certificate, 
statement, test chart, or other writing showing the performance of such 
inspection or treatment and the result thereof is required by any of the 
regulations in this subchapter as a condition precedent to the movement 
interstate of any poultry or other animal or class of poultry or other 
animals, or any poultry or other animal or class of poultry or other 
animals is so required to be accompanied in interstate movement by such 
certificate, statement, test chart, or other writing, no such poultry or 
other animal or poultry or other animals shall be moved interstate 
unless and until the following requirements are also complied with:
    (1) In the case of such movement by a common carrier issuing 
waybills or other form or forms of billing covering the movement, the 
said certificate, statement, test chart, or other writing shall be 
delivered to such carrier at the time the poultry or other animal or 
poultry or other animals are delivered for shipment, and shall become 
the property of the carrier, and be by such carrier attached to the 
billing covering the transportation of such poultry or other animal or 
poultry or other animals, and accompany such billing to destination, and 
be filed with such billing for future reference.
    (2) In case of such movement otherwise than by common carrier 
issuing waybills or other form or forms of billing, the said 
certificate, statement, test chart, or other writing shall accompany the 
poultry or other animal or poultry or other animals to destination and 
be delivered to the consignees, or, in case the consignor and consignee 
is the same person, to the first purchaser purchasing during or after 
such movement in interstate commerce, or to the person to whom the 
poultry or other animal or poultry or other animals are delivered.
[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969; 55 
FR 11156, Mar. 27, 1990; 55 FR 15320, Apr. 23, 1990; 62 FR 27934, May 
22, 1997]



Sec. 71.17  Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals.

    No dead poultry or other animals shall be offered or accepted for 
transportation or transported in the same

[[Page 166]]

car with live poultry or other animals from the original point of 
shipment in any State or Territory or the District of Columbia to or 
through any other State, Territory, or the District of Columbia.
[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]



Sec. 71.18  Individual identification of certain cattle 2 years of age or over for movement in interstate commerce.

    (a) No cattle 2 years of age or over, except steers and spayed 
heifers and cattle of any age which are being moved interstate during 
the course of normal ranching operations without change of ownership to 
another premises owned, leased, or rented by the same individual as 
provided in Secs. 78.9(a)(3)(ii), 78.9(b)(3)(iv), and 78.9(c)(3)(iv) of 
this chapter, shall be moved in interstate commerce other than in 
accordance with the requirements of this section. Any movement in 
interstate commerce of any cattle shall also comply with the other 
applicable provisions in this part and other parts of this subchapter.
    (1) When permitted under such other provisions, cattle subject to 
this section:
    (i) May be moved in interstate commerce from any point to any 
destination, if such cattle, when moved in interstate commerce, are 
identified by a Department-approved backtag\1\ affixed a few inches from 
the midline and just behind the shoulder of the animal, or by such other 
means approved by the Administrator, upon request in specific cases, and 
if except as provided in paragraph (a)(5) of this section such cattle 
when moved interstate are accompanied by a statement signed by the owner 
or shipper of the cattle, or other document\2\ stating: (A) The point 
from which the animals are moved interstate; (B) the destination of the 
animals; (C) the number of animals covered by the statement, or other 
document; (D) the name and address of the owner at the time of the 
movement; (E) the name and address of the previous owner if ownership 
changed within four months prior to the movement of the cattle; (F) the 
name and address of the shipper; and (G) the identifying numbers of the 
backtags or other approved identification applied: Provided, That 
identification numbers are not required to be recorded on such statement 
or document for cattle moved from a stockyard posted under the 
provisions of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 
181 et seq.),\3\ directly to a recognized slaughtering establishment as 
defined in Sec. 78.1 of this chapter; or
---------------------------------------------------------------------------


    \1\ Department-approved backtags are available at recognized 
slaughtering establishments and specifically approved stockyards and 
from State representatives and APHIS representatives. A list of 
recognized slaughtering establishments and specifically approved 
stockyards may be obtained as indicated in Sec. 78.1 of this chapter. 
The terms ``State representative'' and ``APHIS representative'' are 
defined in Sec. 78.1 of this chapter.

    \2\ Other document means a shipping permit, an official health 
certificate, an official brand inspection certificate, a bill of lading, 
a waybill, or an invoice on which is listed the required information.

    \3\Posted stockyards are designated by posting notice at such 
stockyards and by publication in the Federal Register. Information 
concerning posted stockyards may also be obtained from the Washington 
office or the area offices of the Packers and Stockyards Administration.
---------------------------------------------------------------------------

    (ii) May be moved in interstate commerce only from a farm, ranch, or 
feedlot to a recognized slaughtering establishment as defined in 
Sec. 78.1 of this chapter; or to a stockyard posted under the provisions 
of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et 
seq.), for sale and shipment to such a slaughtering establishment, if 
such cattle are identified upon arrival at such slaughtering 
establishment or stockyard by the application of Department-approved 
backtags or by other approved identification as prescribed in paragraph 
(a)(1)(i) of this section and, except as provided in paragraph (a)(5) of 
this section when moved interstate, are accompanied by a statement 
signed by the owner or shipper of the cattle, or other document\2\ 
stating: (A) The point from which the animals are moved interstate; (B) 
the destination of the animals; (C) the number of animals covered by the 
statement or

[[Page 167]]

other document; and (D) the name and address of the owner at the time of 
movement; (E) the name and address of the previous owner if ownership 
changed within four months prior to the movement of the cattle; and (F) 
the name and address of the shipper: Provided, That the application of 
backtags is not required if such cattle are moved in interstate commerce 
to a recognized slaughtering establishment as defined in Sec. 78.1 of 
this chapter and if, when moved in interstate commerce, such cattle are 
identified by a brand registered with an official brand inspection 
agency and are accompanied by an official brand inspection certificate: 
And provided, further, That the application of backtags is not required 
when such cattle are moved in interstate commerce to a recognized 
slaughtering establishment as defined in Sec. 78.1 of this chapter, 
which maintains records of ownership of cattle by slaughter lot 
number;\4\ or
---------------------------------------------------------------------------


    \4\ It is the responsibility of the person who causes the interstate 
movement to determine whether the establishment maintains such records. 
As evidence that the establishment does maintain such records such 
person should obtain a statement to that effect from the management of 
the establishment and retain it for a period of five years from the date 
of shipment.
---------------------------------------------------------------------------

    (iii) May be moved in interstate commerce for any purpose other than 
slaughter if such cattle, when moved in interstate commerce, are 
identified by Animal and Plant Health Inspection Service-approved 
eartags in lieu of backtags, and, except as provided in paragraph (a)(5) 
of this section, are accompanied when moved interstate by an owner's 
statement or other document\2\ stating: (A) The point from which the 
animals are moved interstate, (B) the destination of the animals, (C) 
the number of animals covered by the statement or other document, (D) 
the identifying numbers of the eartags, and (E) the name and address of 
the owner at the time of movement; (F) the name and address of the 
previous owner if ownership changed within four months prior to the 
movement of the cattle; and (G) the name and address of the shipper: 
Provided, That identification by eartag is not required if such animals 
are registered purebred animals which are moved in interstate commerce 
for any purpose other than slaughter and are identified in a manner 
acceptable to the appropriate breed association for registration 
purposes; or are identified by a brand registered with an official brand 
inspection agency and are accompanied by an official brand inspection 
certificate as prescribed in paragraph (a)(1)(ii) of this section.
    (2) The owner's or shipper's statement or other document\2\ or 
registered purebred identification required by this section for cattle 
moved under paragraph (a)(1)(i) or (ii) of this section shall be 
delivered to the management of the stockyard or slaughtering 
establishment at the time of delivery of the cattle;\5\ and documents 
accompanying animals moved under paragraph (a)(1)(iii) of this section 
for breeding or dairy purposes shall be delivered to the consignee. All 
such documents shall be made available for inspection on request by a 
State or Federal representative or an accredited veterinarian, as 
defined in Sec. 78.1, at any time within the year from the date of such 
delivery.
---------------------------------------------------------------------------


    \5\ The backtag or other identification numbers should be included 
on the receiving document of the stockyard or establishment for all such 
cattle identified by backtags or other identification after arrival at 
such stockyard or establishment.
---------------------------------------------------------------------------

    (3) Each person who ships, transports, or otherwise causes the 
cattle to be moved in interstate commerce is responsible for the 
identification of the cattle as required by this section.
    (4) No person shall remove or tamper with or cause the removal of or 
tampering with a backtag, eartag, brand, or other identification device 
required to be on cattle pursuant to this section while such cattle are 
being moved in interstate commerce, except at the time of slaughter, or 
as may be authorized by the Administrator, upon request in specific 
cases and under such conditions as the Administrator, may impose to 
ensure continuing identification.
    (5) Cattle that would otherwise be required to be accompanied by an 
owner-shipper statement or other document \2\ as a condition of movement 
in interstate commerce under paragraph (a)(1) of this section, shall not 
be required to

[[Page 168]]

be accompanied by such an owner-shipper statement or other document \2\ 
if the following conditions are met: if the cattle are moved to a 
recognized slaughtering establishment as defined in Sec. 78.1 of this 
chapter or to a stockyard specifically approved under Sec. 71.20; if the 
cattle are moved from a farm or other premises where the cattle to be 
moved interstate have been kept for not less than four months prior to 
the date of movement; and if such farm or other premises has not had on 
the premises any cattle or bison from any other premises within four 
months prior to the date of movement.
---------------------------------------------------------------------------


    \2\ Other document means a shipping permit, an official health 
certificate, an official brand inspection certificate, a bill of lading, 
a waybill, or an invoice on which is listed the required information.
---------------------------------------------------------------------------

[38 FR 22768, Aug. 24, 1973, as amended at 47 FR 55656, Dec. 13, 1982; 
50 FR 45987, Nov. 6, 1985; 51 FR 32599, Sept. 12, 1986; 52 FR 2987, Jan. 
30, 1987; 55 FR 11156, Mar. 27, 1990; 62 FR 27934, May 22, 1997]



Sec. 71.19  Identification of swine in interstate commerce.

    (a)(1) Except as provided in paragraph (c) of this section, no swine 
may be sold, transported, received for transportation, or offered for 
sale or transportation, in interstate commerce, unless each swine is 
identified at whichever of the following comes first:
    (i) The point of first commingling of the swine in interstate 
commerce with swine from any other source;
    (ii) Upon unloading of the swine in interstate commerce at any 
livestock market;
    (iii) Upon transfer of ownership of the swine in interstate 
commerce; or
    (iv) Upon arrival of the swine in interstate commerce at their final 
destination.
    (2) The identification shall be by means of identification approved 
by the Administrator and listed in paragraph (b) of this section. All 
swine shall remain so identified while they are in interstate commerce.
    (3) Each person who buys or sells, for his or her own account or as 
the agent of the buyer or seller, transports, receives for 
transportation, offers for sale or transportation, or otherwise handles 
swine in interstate commerce, is responsible for the identification of 
the swine as provided by this section.
    (b) Means of swine identification approved by the Administrator are:
    (1) Official eartags, when used on any swine;
    (2) United States Department of Agriculture backtags, when used on 
swine moving to slaughter;
    (3) Official swine tattoos, when used on swine moving to slaughter, 
when the use of the official swine tattoo has been requested by a user 
or the State animal health official, and the Administrator authorizes 
its use in writing based on a determination that the tattoo will be 
retained and visible on the carcass of the swine after slaughter, so as 
to provide identification of the swine;
    (4) Tattoos of at least 4-characters when used on swine moving to 
slaughter, except sows and boars as provided in Sec. 78.33 of this 
chapter;
    (5) Ear notching when used on any swine, if the ear notching has 
been recorded in the book of record of a purebred registry association;
    (6) Tattoos on the ear or inner flank of any swine, if the tattoos 
have been recorded in the book of record of a swine registry 
association; and
    (7) For slaughter swine and feeder swine, an eartag or tattoo 
bearing the premises identification number assigned by the State animal 
health official to the premises on which the swine originated.
    (c) Swine that are kept as a group are not required to be 
individually identified when in interstate commerce if:
    (1) They were born on the same premises;
    (2) They were raised on the same premises where they were born;
    (3) They are moved in a group directly to a slaughtering 
establishment from the place where they were raised;
    (4) They are not mixed with swine from any other premises, between 
the time they are born and the time they arrive at the slaughtering 
establishment; and
    (5) They are slaughtered one after another, as a group, and not 
mixed with other swine at slaughter; or approved identification is 
applied to the swine after entry into the slaughtering establishment.

[[Page 169]]

    (d) Serial numbers of United States Department of Agriculture 
backtags and official swine tattoos will be assigned to each person who 
applies to the State animal health official or the Area Veterinarian in 
Charge for the State in which that person maintains his/her or its place 
of business. Serial numbers of official eartags will be assigned to each 
accredited veterinarian or State or Federal representative who requests 
official eartags from the State animal health official or the Area 
Veterinarian in Charge, whoever is responsible for issuing official 
eartags in that State. Persons assigned serial numbers of United States 
Department of Agriculture backtags, official swine tattoos, and official 
eartags must:
    (1) Record the following information on a document:
    (i) All serial numbers applied to the swine;
    (ii) Any other serial numbers and approved identification appearing 
on the swine that are needed to identify the swine to its previous owner 
and location;
    (iii) The street address, including the city and state, or the 
township, county, and state, of the premises where the approved means of 
identification were applied; and
    (iv) The telephone number, if available, of the person who owns or 
possesses the swine.
    (2) Maintain these records at the person's place of business for 2 
years; and
    (3) Make these records available for inspection and copying during 
ordinary business hours (8 a.m. to 5:30 p.m., Monday through Friday) 
upon request by any authorized employee of the United States Department 
of Agriculture, upon that employee's request and presentation of his or 
her official credentials.
    (e)(1) Each person who buys or sells, for his or her own account or 
as the agent of the buyer or seller, transports, receives for 
transportation, offers for sale or transportation, or otherwise handles 
swine in interstate commerce, must keep records relating to the transfer 
of ownership, shipment, or handling of the swine, such as yarding 
receipts, sale tickets, invoices, and waybills upon which is recorded:
    (i) all serial numbers and other approved means of identification 
appearing on the swine that are necessary to identify it to the person 
from whom it was purchased or otherwise obtained; and
    (ii) the street address, including city and state, or the township, 
county, and state, and the telephone number, if available, of the person 
from whom the swine were purchased or otherwise obtained.
    (2) Each person required to keep records under this paragraph must 
maintain the records at his/her or its place of business for at least 2 
years after the person has sold or otherwise disposed of the swine to 
another person, and for such further period as the Administrator may 
require by written notice to the person, for purposes of any 
investigation or action involving the swine identified in the records. 
The person shall make the records available for inspection and copying 
during ordinary business hours (8 a.m. to 5:30 p.m., Monday through 
Friday) by any authorized employee of the United States Department of 
Agriculture, upon that employee's request and presentation of his or her 
official credentials.
    (f) No person may remove or tamper with any approved means of 
identification required to be on swine pursuant to this section while it 
is in interstate commerce, except at the time of slaughter as provided 
in 9 CFR 309.16(e).
    (g) Written requests for approval of swine identification devices 
and markings not listed in paragraph (b) of this section should be sent 
to the Animal and Plant Health Inspection Service, Veterinary Services, 
Cattle Diseases and Surveillance, 4700 River Road Unit 36, Riverdale, 
Maryland 20737-1231. If the Administrator determines that the devices 
and markings will provide a means of tracing swine in interstate 
commerce, a proposal will be published in the Federal Register to add 
the devices and markings to the list of approved means of swine 
identification.
[53 FR 40385, Oct. 14, 1988, as amended at 55 FR 11156, Mar. 27, 1990; 
55 FR 15320, Apr. 23, 1990; 59 FR 67612, Dec. 30, 1994; 62 FR 27934, May 
22, 1997; 62 FR 54758, Oct. 22, 1997]

[[Page 170]]



Sec. 71.20  Approval of livestock facilities.

    (a) To qualify for approval by the Administrator as an approved 
livestock facility 6 and to retain such designation, the 
individual legally responsible for the day-to-day operations of the 
livestock facility shall execute the following agreement:
---------------------------------------------------------------------------


    \6\ A list of approved livestock facilities may be obtained by 
writing to National Animal Health Programs, VS, APHIS, 4700 River Road 
Unit 36, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

 AGREEMENT--APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT 
              TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS

    [Name of facility]
    [Address and telephone number of facility]
    I, [name of the individual legally responsible for the day-to-day 
operations of the livestock facility], operator of [name of facility], 
hereby agree to maintain and operate the livestock facility located at 
[address of premises] in accordance with the applicable provisions of 
this agreement and Chapter I, Title 9, of the Code of Federal 
Regulations (9 CFR).

                               Cooperation

    (1) The State animal health official and the area veterinarian in 
charge shall be provided with a schedule of the facility's sale days, 
which shall indicate the types of animals that will be handled at the 
facility on each sale day, and shall be apprised of any changes to that 
schedule prior to the implementation of the changes.
    (2) An accredited veterinarian, State representative, or APHIS 
representative shall be on the facility premises on all sale days to 
perform duties in accordance with State and Federal regulations.
    (3) State representatives and APHIS representatives shall be granted 
access to the facility during normal business hours to evaluate whether 
the facility and its operations are in compliance with the applicable 
provisions of this agreement and 9 CFR parts 71, 75, 78, and 85.
    (4) An APHIS representative, State representative, or accredited 
veterinarian shall be immediately notified of the presence at the 
facility of any livestock that are known to be infected, exposed, or 
suspect, or that show signs of possibly being infected, with any 
infectious, contagious, or communicable disease.
    (5) Any reactor, suspect, or exposed livestock shall be held in 
quarantined pens apart from all other livestock at the facility.
    (6) No reactor, suspect, or exposed livestock, nor any livestock 
that show signs of being infected with any infectious, contagious, or 
communicable disease, may be sold at the facility, except as authorized 
by an APHIS representative, State representative, or accredited 
veterinarian.

                                 Records

    (7) Documents such as weight tickets, sales slips, and records of 
origin, identification, and destination that relate to livestock that 
are in, or that have been in, the facility shall be maintained by the 
facility for a period of 2 years. APHIS representatives and State 
representatives shall be permitted to review and copy those documents 
during normal business hours.

                             Identification

    (8) All livestock must be officially identified in accordance with 
the applicable regulations in 9 CFR parts 71, 75, 78, and 85 at the time 
of, or prior to, entry into the facility.

                        Cleaning and Disinfection

    (9) The facility, including all yards, docks, pens, alleys, sale 
rings, chutes, scales, means of conveyance, and their associated 
equipment, shall be maintained in a clean and sanitary condition. The 
operator of the facility shall be responsible for the cleaning and 
disinfection of the facility in accordance with 9 CFR part 71 and for 
maintaining an adequate supply of disinfectant and serviceable equipment 
for cleaning and disinfection.

               General Facilities and Equipment Standards

    (10) All facilities and equipment shall be maintained in a state of 
good repair. The facility shall contain well-constructed and well-
lighted livestock handling chutes, pens, alleys, and sales rings for the 
inspection, identification, vaccination, testing, and branding of 
livestock.
    (11) Quarantined pens shall be clearly labeled with paint or 
placarded with the word ``Quarantined'' or the name of the disease of 
concern, and shall be cleaned and disinfected in accordance with 9 CFR 
part 71 before being used to pen livestock that are not reactor, 
suspect, or exposed animals.
    (12) Quarantined pens shall have adequate drainage, and the floors 
and those parts of the walls of the quarantined pens with which reactor, 
or suspect, or exposed livestock, their excrement, or discharges may 
have contact shall be constructed of materials that are substantially 
impervious to moisture and able to withstand continued cleaning and 
disinfection.
    (13) Electrical outlets shall be provided at the chute area for 
branding purposes.

          Standards for Handling Different Classes of Livestock

(By his or her initials, the operator of the facility shall signify the 
class or classes of livestock that the facility will handle.)

[[Page 171]]

    (14) Cattle and bison:

--This facility will handle cattle and bison: [Initials of operator, 
date]
--This facility will handle cattle and bison known to be brucellosis 
reactors, suspects, or exposed: [Initials of operator, date]
--This facility will not handle cattle and bison known to be brucellosis 
reactors, suspects, or exposed and such cattle and bison will not be 
permitted to enter the facility: [Initials of operator, date]

    (i) Cattle and bison shall be received, handled, and released by the 
facility only in accordance with 9 CFR parts 71 and 78.
    (ii) All brucellosis reactor, brucellosis suspect, and brucellosis 
exposed cattle or bison arriving at the facility shall be placed in 
quarantined pens and consigned from the facility only in accordance with 
9 CFR part 78.
    (iii) Any cattle or bison classified as brucellosis reactors at the 
facility shall be identified in accordance with 9 CFR part 78, placed in 
quarantined pens, and consigned from the facility only to a recognized 
slaughtering establishment or an approved intermediate handling facility 
in accordance with 9 CFR part 78.
    (iv) Any cattle or bison classified as brucellosis exposed at the 
facility shall be identified in accordance with 9 CFR part 78, placed in 
quarantined pens, and consigned from the facility only to a recognized 
slaughtering establishment, approved intermediate handling facility, 
quarantined feedlot, or farm of origin in accordance with 9 CFR part 78.
    (v) The identity of cattle from Class Free States or areas and Class 
A States or areas shall be maintained.
    (vi) The identity of cattle from Class B States or areas shall be 
maintained, and test-eligible cattle from Class B States or areas shall 
not be placed in pens with cattle from any other area until they have 
fulfilled the requirements of 9 CFR part 78 for release from the 
facility.
    (vii) The identity of cattle from Class C States or areas shall be 
maintained, and test-eligible cattle from Class C States or areas shall 
not be placed in pens with cattle from any other area until they have 
fulfilled the requirements of 9 CFR part 78 for release from the 
facility.
    (viii) The identity of cattle from quarantined areas shall be 
maintained, and test-eligible cattle from quarantined areas shall not be 
placed in pens with cattle from any other area until they have fulfilled 
the requirements of 9 CFR part 78 for release from the facility.
    (ix) Test-eligible cattle that are penned with test-eligible cattle 
from a lower class State or area, in violation of this agreement, shall 
have the status of the State or area of lower class for any subsequent 
movement.
    (x) Laboratory space shall be furnished and maintained for 
conducting diagnostic tests. All test reagents, testing equipment, and 
documents relating to the State-Federal cooperative eradication programs 
on the facility's premises shall be secured to prevent misuse and theft. 
Adequate heat, cooling, electricity, water piped to a properly drained 
sink, and sanitation shall be provided for properly conducting 
diagnostic tests.
    (15) Swine:

--This facility will handle breeding swine: [Initials of operator, date]
--This facility will handle slaughter swine: [Initials of operator, 
date]
--This facility will handle feeder swine: [Initials of operator, date]
--This facility will handle pseudorabies reactor, suspect, or exposed 
swine: [Initials of operator, date].
--This facility will not handle swine known to be pseudorabies reactor, 
suspect, or exposed swine and such swine will not be permitted to enter 
the facility: [Initials of operator, date].

    (i) Swine shall be received, handled, and released by the livestock 
facility only in accordance with 9 CFR parts 71, 78, and 85.
    (ii) Pens, alleys, and sales rings for holding, inspecting, and 
otherwise handling swine shall be imperviously surfaced.
    (iii) Slaughter swine may be handled only on days when no feeder 
swine or breeder swine are present at the facility, unless the facility 
has provisions to keep slaughter swine physically separated from feeder 
swine and breeder swine or unless those areas of the facility used by 
slaughter swine have been cleaned and disinfected before being used by 
feeder swine or breeder swine.
    (iv) No feeder swine or breeder swine may remain in the livestock 
facility for more than 72 hours, and no slaughter swine may remain in 
the livestock market for more than 120 hours.
    (v) Feeder swine shall be kept separate and apart from other swine 
while in the livestock facility.
    (vi) No release shall be issued for the removal of slaughter swine 
from the livestock facility unless the slaughter swine are consigned for 
immediate slaughter or to another slaughter market and the consignee is 
identified on the release document.
    (16) Horses:

--This facility will handle horses: [Initials of operator, date]
--This facility will handle equine infectious anemia (EIA) reactors: 
[Initials of operator, date]
--This facility will not handle horses known to be EIA reactors and will 
not permit EIA reactors to enter the facility: [Initials of operator, 
date]


[[Page 172]]


    (i) Horses shall be received, handled, and released by the livestock 
facility only in accordance with 9 CFR parts 71 and 75.
    (ii) Any horses classified as EIA reactors and accepted by the 
facility for sale shall be placed in quarantined pens at least 200 yards 
from all non-EIA-reactor horses or other animals, unless moving out of 
the facility within 24 hours of arrival.
    (iii) Any horses classified as EIA reactors and accepted by the 
facility for sale shall be consigned from the facility only to a 
slaughtering establishment or to the home farm of the reactor in 
accordance with 9 CFR part 75.
    (iv) Fly Control Program: The livestock facility shall have in 
effect a fly control program utilizing at least one of the following: 
Baits, fly strips, electric bug killers (``Fly Zappers,'' ``Fly 
Snappers,'' or similar equipment), or the application of a pesticide 
effective against flies, applied according to the schedule and dosage 
recommended by the manufacturer for fly control.

                                Approvals

    (17) Request for approval:
    I hereby request approval for this facility to operate as an 
approved livestock facility for the classes of livestock indicated in 
paragraphs (14) through (16) of this agreement. I acknowledge that I 
have received a copy of 9 CFR parts 71, 75, 78 and 85, and acknowledge 
that I have been informed and understand that failure to abide by the 
provisions of this agreement and the applicable provisions of 9 CFR 
parts 71, 75, 78, and 85 constitutes a basis for the withdrawal of this 
approval. [Printed name and signature of operator, date of signature]
    (18) Pre-approval inspection of livestock facility conducted by 
[printed name and title of APHIS representative] on [date of 
inspection].
    (19) Recommend approval:
    [Printed name and signature of State animal health official, date of 
signature]
    [Printed name and signature of area veterinarian in charge, date of 
signature]
    (20) Approval granted:
    [Printed name and signature of the Administrator, Animal and Plant 
Health Inspection Service, date of signature]

    (b) Denial and withdrawal of approval. The Administrator may deny or 
withdraw the approval of a livestock facility to receive livestock moved 
interstate under this subchapter upon a determination that the livestock 
facility is not or has not been maintained and operated in accordance 
with the agreement set forth in paragraph (a) of this section.
    (1) In the case of a denial, the operator of the facility will be 
informed of the reasons for the denial and may appeal the decision in 
writing to the Administrator within 10 days after receiving notification 
of the denial. The appeal must include all of the facts and reasons upon 
which the person relies to show that the livestock facility was 
wrongfully denied approval to receive livestock moved interstate under 
this subchapter. 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.
    (2) In the case of withdrawal, before such action is taken, the 
operator of the facility will be informed of the reasons for the 
proposed withdrawal. The operator of the facility may appeal the 
proposed withdrawal in writing to the Administrator within 10 days after 
being informed of the reasons for the proposed withdrawal. The appeal 
must include all of the facts and reasons upon which the person relies 
to show that the reasons for the proposed withdrawal are incorrect or do 
not support the withdrawal of the approval of the livestock facility to 
receive livestock moved interstate under this subchapter. 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. However, withdrawal shall become effective 
pending final determination in the proceeding when the Administrator 
determines that such action is necessary to protect the public health, 
interest, or safety. Such withdrawal shall be effective upon oral or 
written notification, whichever is earlier, to the operator of the 
facility. In the event of oral notification, written confirmation shall 
be given as promptly as circumstances allow. This withdrawal shall 
continue in effect pending the completion of the proceeding, and any 
judicial review thereof, unless otherwise ordered by the Administrator.

[[Page 173]]

    (3) Approval for a livestock facility to handle livestock under this 
subchapter will be automatically withdrawn by the Administrator when:
    (i) The operator of the facility notifies the Administrator, in 
writing, that the facility no longer handles livestock moved interstate 
under this subchapter; or
    (ii) The person who signed the agreement executed in accordance with 
paragraph (a) of this section is no longer responsible for the day-to-
day operations of the facility.
[62 FR 27934, May 22, 1997, as amended at 62 FR 54758, Oct. 22, 1997]



PART 72--TEXAS (SPLENETIC) FEVER IN CATTLE--Table of Contents




Sec.
72.1  Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus 
          microplus, or Rhipicephalus evertsi evertsi]; interstate 
          movement of infested or exposed animals prohibited.
72.2  Splenetic or tick fever in cattle in Texas, the Virgin Islands of 
          the United States and vectors of said disease in the Northern 
          Mariana Islands, the Commonwealth of Puerto Rico and the 
          Island of Guam: Restrictions on movement of cattle.
72.3  Areas quarantined in the Virgin Islands of the United States, the 
          Northern Mariana Islands, the Commonwealth of Puerto Rico, and 
          the Island of Guam.
72.4  [Reserved]
72.5  Area quarantined in Texas.
72.6  Interstate movement of cattle from quarantined areas not 
          eradicating ticks.
72.7  Interstate movement of cattle from cooperating States.
72.8  Interstate movement of cattle from free premises upon inspection 
          and certification by APHIS inspector.
72.9  Interstate movements of cattle; inspection and certification by 
          APHIS inspector required.
72.10  Inspected or dipped and certified cattle subject to restrictions 
          of State of destination.
72.11  Quarantined area; cattle considered infested; requirements for 
          placing in noninfectious pens or premises.
72.12  Cattle; exposure to tick infestation after treatment or 
          inspection prohibited.
72.13  Permitted dips and procedures.
72.14  [Reserved]
72.15  Owners assume responsibility; must execute agreement prior to 
          dipping or treatment waiving all claims against United States.
72.16  Designated dipping stations to be approved by the Administrator, 
          APHIS on recommendations of State authorities; facilities.
72.17  Unloading noninfected cattle for rest, feed, and water only, 
          permitted in authorized pens for such purpose.
72.18  Movement interstate; specification by the Deputy Administrator, 
          Veterinary Services of treatment required when dipping 
          facilities unavailable.
72.19  Interstate shipments and use of pine straw, grass, litter from 
          quarantined area; prohibited until disinfected.
72.20  Exhibition of noninfected cattle in the quarantined area; 
          restrictions under which permitted.
72.21  Animals infested with or exposed to ticks subject to same 
          restrictions as cattle.
72.22  Cars, vehicles, and premises; cleaning and treatment after 
          containing infested or exposed animals.
72.23  Cars or other vehicles having carried infested or exposed cattle 
          in quarantined area shall be cleaned and treated.
72.24  Litter and manure from carriers and premises of tick-infested 
          animals; destruction or treating required.
72.25  Dipping methods.

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b, and 
134f; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 28 FR 5940, June 13, 1963, unless otherwise noted.



Sec. 72.1  Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed 
          animals prohibited.

    No animals infested with ticks [Boophilus annulatus (Margaropus 
annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi] or 
exposed to tick infestation shall be shipped, trailed, driven, or 
otherwise moved interstate for any purpose, except as provided in this 
part.



Sec. 72.2  Splenetic or tick fever in cattle in Texas, the Virgin Islands of the United States and vectors of said disease in the Northern Mariana Islands, the 

          Commonwealth of Puerto Rico and the Island of Guam: 
          Restrictions on movement of cattle.

    Notice is hereby given that the contagious, infectious, and 
communicable disease known as splenetic or tick fever exists in cattle 
in portions of the State of Texas and the Virgin Islands

[[Page 174]]

of the United States. Notice is also hereby given that ticks which are 
vectors of said disease exist in the Northern Mariana Islands, the 
Commonwealth of Puerto Rico, and the Island of Guam. Therefore, portions 
of the State of Texas, the Virgin Islands of the United States, the 
Northern Mariana Islands, the Commonwealth of Puerto Rico and the Island 
of Guam are hereby quarantined as provided in Secs. 72.3 and 72.5, and 
the movement of cattle therefrom into any other State or Territory or 
the District of Columbia shall be made only in accordance with the 
provisions of this part and part 71 of this chapter.
[43 FR 60864, Dec. 29, 1978]



Sec. 72.3  Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.

    The entire Territories of the Virgin Islands of the United States 
and the Island of Guam, the Northern Mariana Islands, and the 
Commonwealth of Puerto Rico are quarantined.
[43 FR 60864, Dec. 29, 1978]



Sec. 72.4  [Reserved]



Sec. 72.5  Area quarantined in Texas.

    The following portions of the specified counties in Texas are 
quarantined:
    (a) That portion of Val Verde County lying generally southwest of a 
line beginning at the point on the south bank of the Devils River where 
the Amistad Dam Compound east fence intersects the water line and 
following this east fence of the compound in a southerly direction to 
the southeast corner of the Amistad Dam Compound, approximately 1\3/4\ 
miles; thence, following the meanderings of this compound fence in a 
southwesterly direction to where it intersects the east right-of-way 
fence of the old railroad, approximately 3\1/4\ miles; thence, following 
the old railroad right-of-way fence in a southeasterly direction to its 
intersection with the right-of-way fence of the present Southern Pacific 
Railroad, approximately 3\1/8\ miles; thence, following Southern Pacific 
Railroad in a southeasterly direction to a point directly north across a 
gravel road from the northeast corner of the Slover Field, approximately 
5\3/4\ miles; thence, south across this gravel road to the northeast 
corner of the Slover Field and following the meanderings of the east 
fence of the Slover Field in a southwesterly direction to where it 
intersects the northeast corner of the Woodson Field #1, approximately 
\1/8\ mile; thence, following the meanderings of Woodson Field #1 east 
fence in a southwesterly direction to the southwest corner of the same, 
approximately \1/4\ mile to the north fence of the Payne Pasture; 
thence, following the north fence of the Payne Pasture in a westerly 
direction to the southwest corner of the same, approximately 100 yards; 
thence, following the west fence of the Payne Pasture in a southeasterly 
direction across Cienegas Creek to its junction with Kite Road, 
approximately 100 yards; thence, following Kite Road in a southerly 
direction to where it intersects Garza Lane, approximately \3/10\ mile; 
thence, following Garza Lane in a westerly direction to a corner, 
approximately \1/8\ mile; thence, following Garza Lane in a 
southeasterly direction to where it intersects U.S. Highway 277 Spur, 
approximately 1\1/8\ miles; thence, following U.S. Highway 277 Spur in a 
southeasterly direction to its intersection with Hudson Drive, 
approximately \1/2\ mile; thence, following Hudson Drive in a 
southeasterly direction to where it joins Rio Grande Drive, formerly 
called Silo Field Road, approximately \6/10\ mile; thence, following the 
west fence of Rio Grande Drive in a southeasterly direction to where it 
joins the east fence of the Rudy Mota Vega,\1\ approximately \4/10\ 
mile; thence, following the east fence of the Rudy Mota Vega in a 
southerly direction to where it joins the San Felipe Creek, 
approximately \3/10\ mile; thence, following San Felipe Creek in an 
easterly direction to where it joins the W. L. Moody Rancho Rio Grande 
north fence of the Leroyce Pasture, approximately 1\2/10\ miles; thence, 
following the meanderings of the Leroyce Pasture north fence in an 
easterly direction to a corner where it intersects the west right-of-way 
fence of U.S. Highway 277 being the east

[[Page 175]]

fence of the Rancho Rio Grande, approximately 3\2/10\ miles; thence, 
following the Rancho Rio Grande east fence (on the west side of Highway 
277) in a southeasterly direction to where it intersects the Val Verde-
Kinney County Line, approximately 9\2/10\ miles
---------------------------------------------------------------------------


    \1\ Vega is a flat lowland area.
---------------------------------------------------------------------------

    (b) That portion of Kinney County lying generally southwest of a 
line beginning at the point where the Rancho Rio Grande east fence 
intersects the Val Verde-Kinney County Line; thence, following the 
meanderings of the Rancho Rio Grande east fence in a southeasterly 
direction to where it intersects the Kinney-Maverick County Line, 
approximately 14 miles.
    (c) That portion of Maverick County lying generally southeasterly of 
a line beginning at the point where the Rancho Rio Grande east fence 
intersects the Kinney-Maverick County Line; thence, following the Rancho 
Rio Grande east fence in a southeasterly direction to where it joins the 
southeast corner of the Rancho Rio Grande four section pasture, 
approximately 2\7/10\ miles; thence, following the south fence of the 
Rancho Rio Grande four section pasture in a westerly direction to a 
point where it intersects the Maverick County Water District main canal, 
approximately 1\5/10\ miles; thence, following the Maverick County Water 
District main canal in a southeasterly direction to where it intersects 
the west right-of-way fence of U.S. Highway 277, approximately 2\5/10\ 
miles; thence, following the right-of-way fence of U.S. Highway 277 in a 
southerly direction to where it intersects Maverick County Water 
District Lateral 2, approximately \1/2\ mile; thence, following the 
Maverick County Water District Lateral 2 in a southerly direction to 
where it intersects the north fence of the Calley property, 
approximately 5\1/4\ miles; thence, east along the north fence of the 
Calley property to a corner, approximately 200 yards; thence, following 
the east fence of the Calley property in a southerly direction to the 
northeast corner of the Hal Bowles Ranch, approximately \3/8\ mile; 
thence, following the east fence of the Hal Bowles Ranch in a 
southeasterly direction to where it intersects the north fence of the 
Lehman Brothers Ranch, approximately \3/4\ mile; thence, following the 
Lehman north fence in a southeasterly direction to a drainage canal, 
approximately \1/8\ mile; thence, following the drainage canal in a 
southerly direction to the north fence of the Las Vegas Ranch, 
approximately \7/8\ mile; thence, following the meanderings of the Las 
Vegas Ranch fence in a southeasterly direction to the northeast corner 
of the same, approximately 1 mile; thence, following the meanderings of 
the east fence of the Las Vegas Ranch in a southerly direction to where 
it intersects the Alex Ritchie north fence, approximately 3\1/2\ miles; 
thence, along the north fence of the Alex Ritchie Farm in an easterly 
direction to where it intersects the Maverick County Water District main 
canal, approximately \3/8\ mile; thence, following the meanderings of 
the Maverick County Water District main canal in a southerly direction 
to where it intersects the C.P. & L. Power Plant Road, approximately 
3\1/2\ miles; thence, following the C.P. & L. Power Plant Road in an 
easterly direction to where it intersects the west fence of the Beer 
Joint Trap,\2\ approximately 1\3/8\ miles; thence, following the west 
fence of the Beer Joint Trap in a southerly direction to the southwest 
corner of the same, approximately \5/8\ mile; thence, following the 
meanderings of the south fence of the Beer Joint Trap in an easterly 
direction to where it intersects the west right-of-way fence of U.S. 
Highway 277, approximately \3/4\ mile; thence, following U.S. Highway 
277 in a southerly direction into the City of Eagle Pass, Texas, and 
following the meanderings of U.S. Highway 277 in a southerly direction 
to its intersection with Church Street, approximately 8\1/2\ miles; 
thence, following Church Street in a westerly direction to its 
intersection with Commercial Street, approximately \5/10\ mile; thence, 
following Commercial Street in a southerly direction to its intersection 
with Garrison Street, approximately \7/10\ mile; thence, following 
Garrison Street in an easterly direction to its intersection with Adams 
Street, approximately \2/10\ mile; thence, following the meanderings of 
Adams Street in a southerly direction

[[Page 176]]

to where it becomes Industrial Park Road, approximately 1 mile; thence, 
following the meanderings of Industrial Park Road to where it intersects 
Brown Street, approximately 1\1/2\ miles; thence, following Brown Street 
in an easterly direction to the intersection of Farm Road 1021, 
approximately \1/2\ mile; thence, following Farm Road 1021 in a 
southeasterly direction to the intersection of Farm Road 1021 and Farm 
Road 2366; thence, following Farm Road 2366 in a southwesterly direction 
to an intersection of Farm Road 2366 and a paved county road, 
approximately 1\1/2\ miles; thence, continuing along a paved county road 
in a southwesterly direction to a cattle guard at the eastmost corner of 
the Loma Linda Ranch double fence, approximately 1\1/4\ miles; thence, 
following the same double fence in a westerly direction to a corner, 
approximately \5/8\ mile; thence, following the same double fence in a 
northerly direction to a corner, approximately \3/4\ mile; thence, 
following the same double fence in a westerly direction to the northwest 
corner of the Loma Linda Ranch, approximately \7/8\ mile; thence, 
following the meanderings of the same double fence in a southerly 
direction to the north fence of the W.D. Ranch, approximately 1\1/2\ 
miles; thence, following the same double fence along the north property 
line of the W.D. Ranch in a westerly direction to the northwest corner 
of the same, approximately \3/8\ mile; thence, following the same double 
fence along the meanderings of the Rio Grande River in a southeasterly 
direction to the northwest corner of the El Indio Land Company Ranch, 
approximately 1 mile; thence, following the meanderings of the same 
double fence parallel to the Rio Grande River in a southeasterly 
direction to where it intersects the west fence of the Kiesling Rio Lado 
Farm, approximately 4 miles; thence, following the same double fence in 
a southeasterly direction to where it joins the west fence of the Stone 
Ranch Upper Pasture, approximately 1\1/4\ miles; thence, following the 
meanderings of the Stone Ranch Upper Pasture west double fence in a 
northerly direction to a corner, approximately \1/2\ mile; thence, 
following the same double fence along the north property line of the 
Stone Ranch Upper Pasture in a northeasterly direction to where it 
intersects the Maverick County quarantine fence at El Indio vat, 
approximately \3/4\ mile; thence, following the meanderings of the 
Maverick County quarantine line fence in a southerly direction to the 
northwest corner of the Kiesling Lake Pasture, approximately 10\3/4\ 
miles; thence, along the Kiesling Lake Pasture double fence in a 
southeasterly direction to where it intersects the north fence of the 
Dick Swartz Ranch Mansfield Pasture, approximately 1\3/4\ miles; thence, 
following the meanderings of a double fence in a southeasterly direction 
paralleling the Rio Grande River to the south fence of the Swartz Ranch 
Mansfield Pasture, approximately 5 miles; thence, following the 
meanderings of the south fence of the Swartz Ranch Mansfield Pasture in 
a northeasterly direction to the Eagle Pass-Laredo River Road which will 
be called the Mines Road from this point south, approximately 4 miles; 
thence, following the Mines Road in a southeasterly direction to the 
Maverick-Webb County Line, approximately 14 miles.
---------------------------------------------------------------------------


    \2\ A trap is an area in which animals may be trapped.
---------------------------------------------------------------------------

    (d) That portion of Webb County lying generally southwest of a line 
beginning at the point where the Maverick-Webb County Line intersects 
the Mines Road and following this road in a southeasterly direction to 
where it intersects the north double fence of the Las Minas Ranch, 
approximately 43\1/2\ miles; thence, following the north double fence of 
the Las Minas Ranch in a westerly direction to the northwest corner of 
the same, approximately 1\1/4\ miles; thence, following the west double 
fence of the Las Minas Ranch in a southerly direction to the southwest 
corner of the same, approximately 3\3/4\ miles; thence, following the 
south double fence of the Las Minas Ranch in an easterly direction to 
where it intersects the Mines Road, approximately 2\1/8\ miles; thence, 
following the Mines Road in a southeasterly direction to its 
intersection with Del Mar Boulevard and Interstate Highway 35, 
approximately 16\3/10\ miles; thence, following Interstate Highway 35 in 
a southerly

[[Page 177]]

direction to its intersection with Matamoros Street (U.S. Highway 83), 
approximately 4\1/10\ miles; thence, following Matamoros Street (U.S. 
Highway 83) in an easterly direction approximately 1 mile to where 
Matamoros Street (U.S. Highway 83) becomes Guadalupe Street; thence, 
following Guadalupe Street in an easterly direction approximately 1\1/2\ 
miles to where U.S. Highway 83 turns in a southerly direction; thence, 
following U.S. Highway 83 in a southerly direction, approximately 12\3/
10\ miles to where it intersects the north double fence of the H.B. 
Zachary Ranch; thence, following the meanderings of this double fence in 
a westerly direction to the northwest corner of the same double fence, 
approximately 5\5/10\ miles; thence, following the meanderings of the 
H.B. Zachary west double fence in a southeasterly direction to a corner, 
approximately 4\1/2\ miles; thence, following the same fence in an 
easterly direction to a corner, approximately \3/8\ mile; thence, 
following the same fence in a southerly direction to a corner, 
approximately \3/8\ mile; thence, following the H.B. Zachary Ranch south 
double fence in an easterly direction to where it intersects U.S. 
Highway 83 at the Webb-Zapata County Line, approximately 4 miles.
    (e) That portion of Zapata County lying generally southwest of a 
line beginning at the point where U.S. Highway 83 intersects the Webb-
Zapata County Line and following U.S. Highway 83 in a southerly 
direction to where it intersects the Martinez Windmill Trap north fence, 
approximately \3/10\ mile; thence, east along the north fence of the 
Martinez Windmill Trap to the northeast corner of same, approximately 
\3/10\ mile; thence, following the east fence of the Martinez Windmill 
Trap in a southerly direction to the southeast corner of same, 
approximately \1/10\ mile; thence, along the south fence of the Martinez 
Windmill Trap in a westerly direction to where it intersects U.S. 
Highway 83, approximately \3/10\ mile; thence, following U.S. Highway 83 
in a southerly direction to where it intersects the Juan Vidaurri heirs' 
pasture north fence, approximately 2\5/10\ miles; thence, following the 
Juan Vidaurri heirs' pasture north fence in an easterly direction to the 
northeast corner of same, approximately 1\5/10\ miles; thence, following 
the meanderings of the Juan Vidaurri heirs' pasture east fence in a 
southerly direction to where it intersects the north fence of the Dye 
Farm, approximately 2\5/10\ miles; thence, following the north fence of 
the Dye Farm in a westerly direction to where it intersects U.S. Highway 
83, approximately \7/8\ mile; thence, following U.S. Highway 83 in a 
southerly direction to where it intersects the Zapata City Limits fence, 
approximately 25 miles; thence, along the Zapata City Limits fence in a 
westerly direction to a corner, approximately \1/16\ mile; thence, 
following the meanderings of the Zapata City Limits fence in a 
southeasterly direction to the southeast corner of the Eddie Bravo Trap, 
approximately 2\5/10\ miles; thence, following the south fence of the 
Eddie Bravo Trap in a westerly direction to its intersection with the 
water line of Falcon Lake, approximately \3/10\ mile; thence, following 
the meanderings of the water line of Falcon Lake in a southeasterly 
direction to its intersection with U.S. Highway 83, approximately 1\2/
10\ miles; thence, following U.S. Highway 83 in a southerly direction to 
where it intersects the Zapata-Starr County Line, approximately 23\1/8\ 
miles.
    (f) That portion of Starr County lying generally south of a line 
beginning at the point where U.S. Highway 83 intersects the Zapata-Starr 
County Line and following a fence along the Zapata-Starr County Line in 
a southwesterly direction to where it intersects the east fence of the 
Falcon State Park, approximately 3\3/4\ miles; thence, following the 
east fence of the Falcon State Park in a southeasterly direction to a 
corner, approximately 1 mile; thence, following the same fence in an 
easterly direction to a corner, approximately 100 yards; thence 
following the same fence in a southerly direction to a corner, 
approximately 100 yards; thence, following the same fence in an easterly 
direction to a cattle guard at the entrance of Falcon State Park at Old 
U.S. Highway 83, approximately \4/10\ mile; thence, across Park Road 46 
at the entrance to Falcon State Park on Old U.S. Highway 83 and 
following the

[[Page 178]]

park enclosure fence in a southerly direction to a corner, approximately 
100 yards; thence, following Falcon State Park fence in a westerly 
direction to a corner, approximately \4/10\ mile; thence, following the 
same fence in a southerly direction to where it intersects the north 
fence of the IBWC Compound, approximately \5/10\ mile; thence, following 
the IBWC Compound north fence in an easterly direction to its 
intersection with Old U.S. Highway 83, approximately \4/10\ mile; 
thence, following Old U.S. Highway 83, also known as F.M. Road 2098, 
south and southeast to its junction with the present U.S. Highway 83, 
approximately 4\1/4\ miles; thence, following U.S. Highway 83 in a 
southeasterly direction to the south fence of the M. Ramirez pasture at 
the north city limits of Roma, Texas, approximately 9\1/2\ miles; 
thence, following the south fence of the M. Ramirez pasture in a 
northeasterly direction to where it intersects the west fence of the G. 
Madrigal Ranch, approximately \4/10\ mile; thence, following the 
meanderings of the west fence of the G. Madrigal Ranch in a 
southeasterly direction, around the east side of the R. Pena addition to 
the city of Roma, Texas, to a dirt road, approximately \9/10\ mile; 
thence, following the same dirt road in a southerly direction to where 
it intersects U.S. Highway 83 at the Roma Graveyard, approximately \3/
10\ mile; thence, following U.S. Highway 83 in an easterly direction to 
the southwest corner of the Lupe Villarreal pasture on the north side of 
U.S. Highway 83, approximately 11\1/4\ miles; thence, following the west 
fence of the Lupe Villarreal pasture in a northerly direction to the 
northwest corner of the same, approximately \1/2\ mile; thence, 
following the north fence of the Lupe Villarreal pasture in an easterly 
direction to the northwest corner of the Roberto Corona pasture, 
approximately 100 yards; thence, following the north fence of the 
Roberto Corona pasture in an easterly direction to a corner, 
approximately \4/10\ mile; thence, following the same fence in a 
northerly direction to where it intersects the West City Limits Road, 
approximately \4/10\ mile; thence, following the West City Limits Road 
in a northerly direction to the north fence of the Rene Smith property, 
approximately \3/10\ mile; thence, following the east and north fences 
of the Rene Smith property to where it joins the east fence of the 
Laguna Ranch, approximately \1/2\ mile; thence, following the east fence 
of the Laguna Ranch in a northerly direction to a cattle guard on the El 
Sauz Road, approximately 2 miles; thence, crossing to the El Sauz Road 
to the east fence of the same and following the El Sauz Road in a 
southeasterly direction to the northwest corner of the M. Fuentes 
pasture, approximately 1\6/10\ miles; thence, following the north fence 
of the M Fuentes pasture in an easterly direction to the west fence of 
the Rene Soliz pasture, approximately \2/10\ mile; thence, following the 
west fence of the Rene Soliz pasture in a southerly direction to the 
southwest corner of the same, approximately \2/10\ mile; thence, 
following the south fence of the Rene Soliz pasture in an easterly 
direction to a corner, approximately \1/10\ mile; thence, following the 
same fence in a northerly direction to a corner, approximately \2/10\ 
mile; thence, following the same fence in an easterly direction to a 
corner, approximately \2/10\ mile; thence, following the same fence in a 
northerly direction to where it joins the North City Limits Road, 
approximately \2/10\ mile; thence, following the meanderings of the 
North City Limits Road in an easterly direction to where it joins FM 
Road 755, approximately \7/10\ mile; thence, following FM Road 755 in a 
northeasterly direction to the Los Olmos Creek Bridge, approximately \2/
10\ mile; thence, crossing under the Los Olmos Creek Bridge in a 
southerly direction to the east city limits of Rio Grande City, Texas, 
approximately 80 yards; thence, following the meanderings of the fence 
along the east city limits of Rio Grande City, Texas, in a southerly 
direction to the north fence of the Rio Grande City air strip, 
approximately \3/4\ mile; thence, following the north fence of the Rio 
Grande City air strip in a southeasterly direction to the northeast 
corner of the same, approximately \6/10\ mile; thence, following the 
east fence of the Rio Grande City air strip in a southerly direction to 
the M.P. Railroad right-of-way, approximately \5/16\ mile; thence, 
crossing the M.P. Railroad right-of way

[[Page 179]]

in a southerly direction to U.S. Highway 83, approximately 100 yards; 
thence, following U.S. Highway 83 in a southeasterly direction to the 
Starr-Hidalgo County Line, approximately 16 miles.
    (g) That portion of Hidalgo County lying generally south of a line 
beginning at the point where U.S. Highway 83 intersects the Starr-
Hidalgo County Line and following the south side of U.S. Highway 83 
right-of-way in an easterly direction to the east fence of the Sam 
Fordyce Ranch, approximately 4 miles; thence, following the east fence 
of the Sam Fordyce Ranch in a southerly direction to the north fence of 
the railroad right-of-way, approximately \1/2\ mile; thence, following 
the north fence of the railroad right-of-way in an easterly direction to 
where it intersects the Havanna Road, approximately \6/10\ mile; thence, 
following the Havanna Road in a southerly direction to where it 
intersects the Old Military Road, approximately 75 yards; thence, 
following the Old Military Road in an easterly direction to where it 
intersects the IBWC Levee, approximately 4 miles; thence, following the 
IBWC Levee in a southeasterly direction to where it intersects the Old 
Military Road, approximately 8\1/2\ miles; thence, following the Old 
Military Road in an easterly direction to where it joins FM Road No. 
1016 at Madero, approximately 1\3/4\ miles; thence, following FM Road 
No. 1016 in a southeasterly direction to where it joins the Old Military 
Road, approximately 1 mile; thence, following the Old Military Road in a 
southeasterly direction to the North Granjeno Road, approximately 1\3/4\ 
miles; thence, following the North Granjeno Road in an easterly 
direction to where it intersects Shary Road, approximately \5/8\ mile; 
thence, south on Shary Road to where it intersects the IBWC Levee, 
approximately 50 yards; thence, following the meanderings of the IBWC 
Levee in an easterly direction to where it intersects FM Road 1926, 
approximately 3 miles; thence, following FM Road 1926 in a southerly 
direction to where it intersects U.S. Highway 281 Spur, approximately 27 
miles; thence, following U.S. Highway 281 Spur in an easterly direction 
to where it becomes U.S. Highway 281, approximately 4\2/10\ miles; 
thence, following U.S. Highway 281 in an easterly direction to where it 
intersects the Hidalgo-Cameron County Line, approximately 22 miles.
    (h) That portion of Cameron County lying generally south of a line 
beginning at the point where the Hidalgo-Cameron County Line intersects 
U.S. Highway 281 following U.S. Highway 281 in an easterly direction to 
where it intersects the Willacy County Canal, approximately 200 yards; 
thence, following the Willacy County Canal in a northerly direction to 
the C.P.&L. Company double pole power line, approximately \1/2\ mile; 
thence, following the C.P.&L. Company double pole power line in an 
easterly direction to where it intersects FM Road No. 1479, 
approximately 7\1/8\ miles; thence, south on FM Road No. 1479 to where 
it intersects a county road, approximately 50 yards; thence, following 
said county road in a southeasterly direction to where it intersects 
Ohio Station Road, approximately 1\1/2\ miles; thence, southwest on Ohio 
Station Road to where it intersects the Cameron County Water District 
drain ditch, approximately \3/4\ mile; thence, following the Cameron 
County Water District drain ditch around the San Benito Water District 
Reservoir in a northeasterly direction to the northeast corner of the 
San Benito Water District Reservoir, approximately 2\1/2\ miles; thence, 
continuing along the Cameron County Water District drain ditch in a 
northeasterly direction to where it joins the Resaca Rancho Viejo, 
approximately 5\1/4\ miles; thence; south and east along the meanderings 
of the Cameron County Water District drain ditch to where it again joins 
the Resaca Rancho Viejo, approximately 3\2/10\ miles; thence, following 
the meanderings of the Resaca Rancho Viejo in an easterly direction to 
where it intersects FM Road 1421, approximately 2 miles; thence, 
following FM Road 1421 in a southerly direction to where it intersects 
FM Road 1732, approximately \3/8\ mile; thence, following FM Road 1732 
in an easterly direction to where it intersects Carmen Avenue, 
approximately 1\3/4\ miles; thence, following Carmen Avenue in a 
southerly direction to where it intersects the south loop of the Resaca 
de la

[[Page 180]]

Guerra, approximately 3\1/2\ miles; thence, following the meanderings of 
the Resaca de la Guerra in an easterly direction to where it intersects 
the MP Railroad, approximately 7 miles; thence, following the MP 
Railroad in a southerly direction to where it intersects Boca Chica 
Boulevard, approximately 1\1/2\ miles; thence, following Boca Chica 
Boulevard in an easterly direction to where it becomes Boca Chica Road 
and continuing in the same direction on Boca Chica Road to where it 
intersects a drain ditch, approximately 9\1/2\ miles; thence, following 
this drain ditch in a northerly direction to where it intersects the 
Brownsville Ship Channel, approximately 3 miles; thence, following the 
Brownsville Ship Channel in a northeasterly direction to where it enters 
the Gulf of Mexico, a distance of approximately 17\1/2\ miles.
[49 FR 49611, Dec. 21, 1984, as amended at 50 FR 21796, May 29, 1985]



Sec. 72.6  Interstate movement of cattle from quarantined areas not eradicating ticks.

    Cattle of any quarantined area where tick eradication is not being 
conducted,\3\ which, with an interval of 7 to 12 days between dippings 
immediately preceding shipment, have been properly dipped twice with a 
permitted dip as provided in Sec. 72.13, at a designated dipping station 
approved under Sec. 72.16 that is located within the State of origin of 
the shipment, or which have been otherwise treated under the supervision 
of an APHIS inspector in a manner approved in specific cases by the 
Administrator, APHIS at such designated dipping station, and which just 
prior to final dipping are inspected by an APHIS inspector and found to 
be apparently free from ticks, may, so far as the regulations in this 
part are concerned, upon certification by the inspector, be shipped or 
transported interstate for any purpose upon compliance with the 
requirements set forth in Secs. 72.9 through 72.15.
---------------------------------------------------------------------------


    \3\ Information as to the identity of such areas may be obtained 
from the Animal and Plant Health Inspection Service, Veterinary 
Services, Cattle Diseases and Surveillance, 4700 River Road Unit 36, 
Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------

[36 FR 20358, Oct. 21, 1971; 38 FR 18011, July 6, 1973, as amended at 50 
FR 430, Jan. 4, 1985; 56 FR 51974, 51975, Oct. 17, 1991; 59 FR 67612, 
Dec. 30, 1994]



Sec. 72.7  Interstate movement of cattle from cooperating States.

    Cattle in areas where tick eradication is being conducted in 
cooperation with State authorities,\3\ which on inspection by an APHIS 
inspector are found to be apparently free from ticks, may, after one 
dipping, with a permitted dip as provided in Sec. 72.13, under the 
supervision of an APHIS inspector and certification by the inspector, be 
shipped or transported interstate for dip as provided in Sec. 72.13, 
under the supervision of an APHIS inspector and certification by the 
inspector, be shipped or transported interstate for any purpose upon 
compliance with the requirements set forth in Secs. 72.9 through 72.15.
[36 FR 20358, Oct. 21, 1971, as amended at 56 FR 51975, Oct. 17, 1991]



Sec. 72.8  Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.

    Cattle located in areas where tick eradication is being conducted in 
co- operation with the State authorities, and which are on premises 
shown by the official records of tick eradication to be free from ticks, 
may, upon inspection and certification by an APHIS inspector, be shipped 
or transported interstate for any purpose without dipping upon 
compliance with the requirements set forth under Secs. 72.9, 72.10, 
72.12.
[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]



Sec. 72.9  Interstate movements of cattle; inspection and certification by APHIS inspector required.

    All interstate movements of inspected and certified and dipped and 
certified cattle shall be accompanied to final destination by a 
certificate of an APHIS inspector (which certificate shall show that the 
cattle so being moved have been dipped as required by Sec. 72.6 or by 
Sec. 72.7 and are free of ticks, or have been inspected as required by

[[Page 181]]

Sec. 72.8 and are free of ticks); all such certificates shall be 
handled, delivered, kept, and preserved in accordance with the 
provisions of Sec. 72.16; and all such cattle shall be handled through 
noninfectious pens, alleys, and chutes, and when shipped shall be loaded 
into clean and disinfected cars or trucks, and shall not be unloaded in 
the quarantined area except at such points reserved for noninfested 
cattle as may from time to time be authorized by APHIS.
[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]



Sec. 72.10  Inspected or dipped and certified cattle subject to restrictions of State of destination.

    All such interstate movements of inspected or dipped and certified 
cattle are subject to such restrictions, which are not inconsistent with 
the regulations in this subchapter, as may be imposed at destination by 
the officials of the State, Territory, or the District of Columbia.



Sec. 72.11  Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.

    Cattle of the quarantined area shall be considered infested and 
shall not be placed in noninfectious pens or premises until after the 
final inspection or dipping.



Sec. 72.12  Cattle; exposure to tick infestation after treatment or inspection prohibited.

    The cattle shall not be exposed to tick infestation after treatment 
and/or inspection.



Sec. 72.13  Permitted dips and procedures.

    (a) Dipping requirements; facilities; handling. The dipping of 
cattle for interstate movement shall be done only with a permitted dip 
and at places where proper equipment is provided for dipping and for 
handling the cattle in a manner to prevent exposure to infection after 
the final dipping. Cattle which are to be dipped shall be given an 
opportunity to drink sufficient water to quench their thirst prior to 
dipping, be carefully handled, and not dipped while they are in a heated 
or exhausted condition. Dipped cattle shall not be loaded for shipment 
until dry.\4\
---------------------------------------------------------------------------


    \4\ Care is required when treating animals and in maintaining 
required concentration of chemicals in dipping baths. Detailed 
information concerning the use of, criteria for, and names of 
proprietary brands of permitted dips for which specific permission has 
been granted, and concerning the use of compressed air, vat management 
techniques, and other pertinent information may be obtained from the 
Animal and Plant Health Inspection Service, Veterinary Services, Cattle 
Diseases and Surveillance, 4700 River Road Unit 36, Riverdale, Maryland 
20737-1231.
---------------------------------------------------------------------------

    (b) Permitted dips. The dips at present permitted by the Department 
in official dipping for interstate movement are:
    (1) Approved proprietary brands of a Dioxathion (DelnavR) 
emulsifiable concentrate used at a concentration of 0.125 to 0.150 
percent.\4\
    (2) Approved proprietary brands of coumaphos (Co-RalR), 
25 percent wettable powder or flowable form labeled for use as a 0.25 
percent dip and used at a concentration of 0.125 to 0.250.\4\
    (3) Approved proprietary brands of organophosphorous insecticides 
(Prolate) if used in a Prolate-water bath where the 
concentration level is at least 0.15 percent and if used in accordance 
with the EPA approved label.
    (4) Approved proprietary brands of organophosphorous insecticides 
(Ciodrin) if used in a concentration of 0.44 to 0.54 percent 
and if used in accordance with the EPA approved label.
    (c) Approval of dips. Proprietary brands of dips are permitted to be 
used for purposes of this part only when approved by the Administrator, 
APHIS. Before a dip will be specifically approved as a permitted dip for 
the eradication of ticks, APHIS will require that the product be 
registered under the provisions of the Federal Insecticide, Fungicide 
and Rodenticide Act, as amended (7 U.S.C. 135 et seq.); that its 
efficacy and stability have been demonstrated; that trials have been 
conducted to determine that its concentration can be maintained and that 
under actual field conditions the dipping of cattle with a solution of 
definite strength will effectually eradicate ticks without injury to the 
animals dipped.

[[Page 182]]

    (d) Tissue residues; restriction on slaughter. Tissue residues are 
created following use of certain dips. Animals treated with such dips 
should not be slaughtered for food purposes until the expiration of such 
period as may be required under the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.). The length of this period shall be specified on 
each certificate issued by the inspector who supervises the dipping.
[33 FR 18089, Dec. 5, 1968, as amended at 34 FR 12214, July 24, 1969; 36 
FR 19157, Sept. 30, 1971; 36 FR 19972, Oct. 14, 1971; 37 FR 13529, July 
11, 1972; 38 FR 19012, July 17, 1973; 40 FR 12768, Mar. 21, 1975; 42 FR 
19854, Apr. 15, 1977; 47 FR 11002, Mar. 15, 1982; 49 FR 19799, May 10, 
1984; 49 FR 32540, Aug. 15, 1984; 50 FR 430, 431, Jan. 4, 1985; 56 FR 
51974, Oct. 17, 1991]



Sec. 72.14  [Reserved]



Sec. 72.15  Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.

    When the cattle are to be dipped under APHIS supervision the owner 
of the cattle, offered for shipment, or his agent duly authorized 
thereto, shall first execute and deliver to an APHIS inspector an 
application for inspection and supervised dipping wherein he shall agree 
to waive all claims against the United States for any loss or damage to 
said cattle occasioned by or resulting from dipping or other treatment 
under this part, or resulting from any subsequent treatment prior to 
their interstate shipment, or resulting from the fact that they are 
later found to be still tick infested, and also for all subsequent loss 
or damage to any other cattle in the possession or control of such owner 
which may come into contact with the cattle so dipped or treated.
[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]



Sec. 72.16  Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.

    When deemed advisable and upon recommendation by the proper 
livestock sanitary authorities, designated dipping stations may be 
approved by the Administrator, APHIS as points at which cattle of the 
quarantined area of the State in which said station is located may be 
inspected, dipped, and certified for interstate movement. The facilities 
furnished shall include proper dipping equipment, noninfectious pens 
constructed in accordance with Sec. 72.17 and a roofed or covered 
section of pens of sufficient size to protect all dipped animals from 
exposure to rain or hot sun. All alleys, chutes, and pens shall be paved 
or properly floored.
[28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 
51974, Oct. 17, 1991]



Sec. 72.17  Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.

    (a) Specifications for construction and maintenance. Cattle of the 
free area, and cattle of the quarantined area when properly dipped, 
inspected, and certified in accordance with this part, which are 
transported interstate by rail through the quarantined area shall not be 
unloaded therein for rest, feed, and water unless they are unloaded into 
the properly equipped, noninfectious pens set apart for such cattle at 
such points as may from time to time be authorized by APHIS. Such 
noninfectious pens and the platforms, chutes, and alleys leading thereto 
shall be constructed and maintained in accordance with the 
specifications set out in paragraphs (a)(1) to (6) of this section.
    (1) The outside fences enclosing such pens, and the fences on either 
side of the alleys, chutes, and platforms leading thereto, shall be 
tight board fences not less than 6 feet high on the inside.
    (2) If such pens, alleys, chutes, and platforms are adjacent to 
pens, alleys, chutes, and platforms used by cattle of the quarantined 
area, there shall be between them a space not less than 10 feet wide, 
which shall be inaccessible to livestock. This space shall be limited on 
each side by the 6-foot fence required by paragraph (a)(1) of this 
section. The remaining space around such yards shall be limited as in 
paragraph (a)(3) of this section.
    (3) If such pens, alleys, chutes, and platforms are isolated from 
other pens, alleys, chutes, or platforms, there shall be built and 
maintained outside thereof

[[Page 183]]

on all sides to which cattle of the vicinity might otherwise approach a 
cattle-proof fence not less than 5 feet high and not less than 15 feet 
from the 6-foot fence required by paragraph (a)(1) of this section.
    (4) The only means of egress from such pens shall be by way of the 
alleys, chutes, and platforms inclosed by 6-foot fences as required by 
paragraph (a)(1) of this section, to cars for reforwarding; and under no 
circumstances shall there exist any connection between such pens and 
other adjacent premises.
    (5) Such noninfectious premises shall be so located, or such 
drainage facilities shall be provided therefor, that water from the 
surrounding area will not flow on to or through them.
    (6) Such pens shall be marked by a conspicuous sign bearing the 
words ``Noninfectious Pens'' in letters not less than 10 inches in 
height.
    (b) Materials for use in noninfectious pens; source, shipment, 
handling. The hay, straw, or similar materials required for feed and 
bedding in such noninfectious pens shall be shipped in noninfectious 
cars from points outside of the quarantined area so handled that they 
may not become infectious.
[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]



Sec. 72.18  Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.

    (a) Tick-infested cattle. Cattle of the free area which are tick-
infested may be moved interstate for any purpose after they have been 
treated in the same manner as cattle under Sec. 72.6: Provided, however, 
That when dipping equipment is not available at the place where the 
cattle are, said treatment shall be given at a place and in the manner 
specified by the Administrator, APHIS.
    (b) Tick-exposed cattle. Cattle of the free area which have been 
exposed to tick infestation may be moved interstate for any purpose 
after they have been treated in the same manner as cattle under 
Sec. 72.7: Provided, however, That when dipping equipment is not 
available at the place where the cattle are, said treatment shall be 
given at a place and in the manner specified by the Administrator, 
APHIS.
    (c) Cattle moved contrary to regulations. Cattle which have been 
moved from the quarantined area to the free area without first having 
been treated in the manner provided in either Sec. 72.6 or Sec. 72.7 or 
inspected in the manner provided in Sec. 72.8 shall not be shipped or 
moved interstate until they have been treated in the same manner as 
cattle under Sec. 72.6: Provided, however, That when dipping equipment 
is not available at the place where the cattle are, said treatment shall 
be given at a place and in the manner specified by the Administrator, 
APHIS.
[28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 
51974, Oct. 17, 1991]



Sec. 72.19  Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.

    Pine straw, grass, or similar litter collected from tick-infested 
pastures, ranges, or premises may disseminate the contagion of 
splenetic, southern, or Texas fever; therefore pine straw, grass, or 
similar litter originating in the quarantined area shall not be 
transported or moved interstate therefrom or used as packing material or 
car bedding for commodities or livestock to be transported or moved from 
the quarantined area of any State, Territory, or the District of 
Columbia, to or through the free area of any other State, Territory, or 
the District of Columbia, unless such material is first disinfected in 
accordance with the provisions of Sec. 72.24.



Sec. 72.20  Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.

    The exhibition of noninfected cattle at fairs or exhibitions in the 
quarantined area and their reshipment to the free area without dipping 
may, by written order of the Administrator, APHIS be permitted: 
Provided, That the cattle shall be handled under such conditions as may 
be prescribed in each case to preclude any danger of the spread of 
infection.
[28 FR 5940, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]

[[Page 184]]



Sec. 72.21  Animals infested with or exposed to ticks subject to same restrictions as cattle.

    Animals other than cattle which are infested with ticks [Boophilus 
annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus 
evertsi evertsi] or exposed to tick infestation shall not be moved 
interstate unless they are treated, handled, and moved in accordance 
with the requirements specified in Secs. 72.9 through 72.15 and 
Sec. 72.18 of this part governing the interstate movement of cattle.



Sec. 72.22  Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.

    Cars and other vehicles, and yards, pens, chutes, or other premises 
or facilities, which have contained interstate shipments of animals 
infested with or exposed to ticks, shall be cleaned and treated within 
72 hours of use and prior to further use in the required concentration 
with a permitted dip listed in Sec. 72.13 under supervision of a State 
or Federal inspector or an accredited veterinarian.
[38 FR 21996, Aug. 15, 1973]



Sec. 72.23  Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.

    Cars or others vehicles which have carried cattle exposed to or 
infested with ticks within the quarantined area of any State shall be 
cleaned and treated in the required concentration with a permitted dip 
listed in Sec. 72.13 before being moved interstate under supervision of 
a State or Federal inspector or an accredited veterinarian.
[38 FR 21996, Aug. 15, 1973]



Sec. 72.24  Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.

    The litter and manure removed from cars, boats, or other vehicles 
and from pens, chutes, alleys, or other premises or inclosures which 
have contained interstate shipments of tick-infested animals, shall be 
destroyed or treated by the transportation or yard company, or other 
owner thereof, under APHIS supervision, by saturating it in the required 
concentration with a permitted dip listed in Sec. 72.13, or shall be 
otherwise disposed of under prior permission received from the 
Administrator, APHIS.
[38 FR 21996, Aug. 15, 1973, as amended at 56 FR 51974, 51975, Oct. 17, 
1991]



Sec. 72.25  Dipping methods.

    Dipping is accomplished by thoroughly wetting the entire skin by 
either immersion in a chemical solution in a dip vat, or by spraying 
with a chemical solution using a spray-dip machine or a hand-held 
sprayer.
[50 FR 430, Jan. 4, 1985]



PART 73--SCABIES IN CATTLE--Table of Contents




Sec.
73.1  Interstate movement prohibited.
73.1a  [Reserved]
73.1b  Quarantine policy.
73.1c  Definitions.
73.2  Interstate shipment for immediate slaughter from quarantined or 
          nonquarantined areas; conditions under which permitted.
73.3  Shipment for purposes other than slaughter; conditions under which 
          permitted.
73.4  Interstate shipment of exposed but not visibly diseased cattle 
          from a quarantined or nonquarantined area; conditions under 
          which permitted.
73.5  Interstate shipment of undiseased cattle from quarantined area; 
          when permitted.
73.6  Placarding means of conveyance and marking billing of shipments of 
          treated scabby cattle or cattle exposed to scabies.
73.7  Movement from quarantined to free area and shipment therefrom; 
          restrictions under which permitted.
73.8  Cattle infected or exposed during transit.
73.9  Owners assume responsibility; must execute agreement prior to 
          dipping or treatment waiving all claims against United States.
73.10  Permitted dips; substances allowed.
73.11  Treatment of means of conveyance and premises having contained 
          scabby cattle.
73.12  Ivermectin.

    Authority: Secs. 4-7, 23 Stat. 32, as amended; secs. 1 and 2, 32 
Stat. 791-792, as amended; secs. 1-4, 33 Stat. 1264, 1265, as amended; 
secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. 111-113, 115, 117, 120, 
121, 123-126, 134b, 134f; 7 CFR 2.22, 2.80, and 371.2(d).

[[Page 185]]



Sec. 73.1  Interstate movement prohibited.

    (a) Cattle affected with scabies. No cattle affected with scabies 
shall be shipped, trailed, driven, or otherwise moved interstate for any 
purpose except as provided in this part.
    (b) Cattle affected with or exposed to scabies. No cattle which, 
just prior to movement, were affected with or exposed to scabies shall 
be shipped, trailed, driven, or otherwise moved interstate for any 
purpose except as provided in this part.
    (c) Cattle from area quarantined for scabies. No cattle shall be 
shipped, trailed, driven, or otherwise moved interstate from the area 
quarantined for the disease of scabies in cattle except as provided in 
this part.
[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976]



Sec. 73.1a  [Reserved]



Sec. 73.1b  Quarantine policy.

    The Act of March 3, 1905, as amended (21 U.S.C. 123), authorizes the 
Secretary of Agriculture to quarantine any State, or any portion of any 
State, when he determines the fact that any animals in such jurisdiction 
are affected with any contagious, infectious, or communicable disease of 
livestock or that the contagion of any such disease exists, or that 
vectors which may disseminate any such disease exist in such 
jurisdiction. Pursuant to this authority, the Department has quarantined 
various areas because of cattle scabies and has issued the regulations 
in this part governing the interstate movement of cattle from such 
areas. It is the policy of the Department to quarantine those portions 
of any State that are clearly identifiable, and in which exist animals 
affected with cattle scabies, or mites which are the contagion of said 
disease and not to quarantine an entire State for cattle scabies if the 
State adopts and enforces requirements for the intrastate movement of 
cattle that are at least as stringent as the requirements in the 
regulations in this part for interstate movements of cattle. Further, it 
is the policy of the Department to remove the quarantine from any 
quarantined area when it is determined that scabies-affected animals and 
the mites which are the contagion of scabies no longer exist in such 
areas.
[38 FR 31671, Nov. 16, 1973]



Sec. 73.1c  Definitions.

    For purposes of this part the following terms shall have the meaning 
set forth in this section.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS or Service).
    APHIS Inspector. A veterinarian or livestock inspector employed by 
the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, in animal health activities, who is authorized to perform 
the function involved.
    State Inspector. A veterinarian or livestock inspector regularly 
employed in animal health activities by a State or a political 
subdivision thereof, authorized by such State or political subdivision 
to perform the function involved under a cooperative agreement with the 
U.S. Department of Agriculture.
[41 FR 5384, Feb. 6, 1976, as amended at 56 FR 52463, Oct. 21, 1991]



Sec. 73.2  Interstate shipment for immediate slaughter from quarantined or nonquarantined areas; conditions under which permitted.

    (a) Conditions under which permitted after one dipping. Cattle 
which, just prior to shipment, were affected with scabies but have been 
dipped once in a permitted dip (other than a toxaphene dip), under the 
supervision of an APHIS inspector or State inspector, within 10 days 
prior to the date of shipment may be shipped or transported interstate 
for immediate slaughter to a recognized slaughtering center, upon 
compliance with the following conditions:
    (1) They shall not be diverted en route.
    (2) The means of conveyance shall be placarded and the billing shall 
be marked ``Treated Scabby Cattle,'' in accordance with Sec. 73.6.

[[Page 186]]

    (b) After one dipping; to be slaughtered within 14 days or redipped 
by owner. Cattle shipped interstate subject to the provisions of 
paragraph (a) of this section shall be slaughtered within 14 days from 
the date of the dipping or shall be again dipped by the owner.
    (c) When part of diseased herd not visibly affected. Cattle of the 
free area not visibly diseased with scabies, but which may be part of a 
diseased herd, may be shipped or transported interstate for immediate 
slaughter to any recognized slaughtering center where separate pens are 
provided for yarding exposed cattle: Provided, That means of conveyance 
in which the cattle are transported shall be placarded and the billing 
accompanying the shipment shall be marked ``Cattle Exposed to Scabies'' 
in accordance with Sec. 73.6.
    (d) Undiseased herds in quarantined area; conditions under which 
permitted. Cattle of herds of the quarantined area which are not 
diseased with scabies may be shipped, transported, or otherwise moved 
interstate for immediate slaughter, upon inspection by an APHIS or State 
inspector within 10 days prior to the date of shipment and when 
accompanied by a certificate from such inspector showing the cattle to 
be free from disease.

(Secs. 4-7, 23 Stat. 32, as amended; secs. 1 and 2, 32 Stat. 791, 792, 
as amended; secs. 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 and 11, 
76 Stat. 130, 132, 76 Stat. 663; 7 U.S.C. 450 and 21 U.S.C. 111-113, 
115, 117, 120, 121, 123-126, 134b and 134f; 7 CFR 2.17, 2.51, 371.2(d))
[31 FR 8907, June 28, 1966, as amended at 36 FR 23996, Dec. 17, 1971; 38 
FR 18011, July 6, 1973; 41 FR 5384, Feb. 6, 1976; 49 FR 10530, Mar. 20, 
1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991]



Sec. 73.3  Shipment for purposes other than slaughter; conditions under which permitted.

    Cattle affected with scabies may be shipped interstate for any 
purpose if dipped twice in a permitted dip, 10 to 14 days apart, under 
the supervision of an APHIS inspector or State inspector, and so 
certified by such inspector, or such cattle may be so shipped if dipped 
once in a permitted dip under APHIS supervision or State supervision at 
the point of origin, provided arrangements have been made for the second 
dipping, under APHIS supervision, en route or at destination within 10 
to 14 days after the first dipping. If shipped in the latter manner the 
means of conveyance containing the cattle shall be placarded and the 
billing shall be marked ``Treated Scabby Cattle,'' in accordance with 
Sec. 73.6.

(Secs. 4-7, 23 Stat. 32, as amended; secs. 1 and 2, 32 Stat. 791, 792, 
as amended; secs. 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 and 11, 
76 Stat. 130, 132, 76 Stat. 663; 7 U.S.C. 450 and 21 U.S.C. 111-113, 
115, 117, 120, 121, 123-126, 134b and 134f; 7 CFR 2.17, 2.51, 371.2(d))
[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 49 
FR 10530, Mar. 20, 1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 
21, 1991]



Sec. 73.4  Interstate shipment of exposed but not visibly diseased cattle from a quarantined or nonquarantined area; conditions under which permitted.

    Cattle not visibly diseased with scabies, but which are known to be 
part of a diseased herd or to have come in contact with diseased cattle 
or infectious means of conveyance or premises, may be shipped interstate 
for any purpose if dipped at the point of origin, under the supervision 
of an APHIS inspector or State inspector, in a permitted dip, or the 
cattle may be dipped en route by special permission first had and 
obtained from the Administrator; but in such event the means of 
conveyance shall be placarded and the billing shall be marked ``Cattle 
Exposed to Scabies,'' in accordance with Sec. 73.6, and the cattle shall 
not be permitted to mingle with other cattle until disposed of in 
accordance with the regulations in this part.
[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 
FR 52463, Oct. 21, 1991]



Sec. 73.5  Interstate shipment of undiseased cattle from quarantined area; when permitted.

    Cattle of any herd in any quarantined area, which herd is not 
diseased with scabies, may be shipped, transported, or otherwise moved 
interstate for any purpose upon inspection by an APHIS or State 
inspector within 10 days prior to the date of shipment and when 
accompanied by a certificate from such inspector showing the cattle

[[Page 187]]

to be free from such disease or exposure thereto. When it is determined 
by the Administrator that all cattle of all herds in any quarantined 
area have been inspected for scabies by an APHIS or State inspector, 
that all the infected or exposed herds have been identified, and that 
all the infected herds have been dipped twice, and all the exposed herds 
have been dipped in a permitted dip as prescribed in Sec. 73.10, under 
supervision of an APHIS or APHIS-approved inspector, cattle of herds in 
such area which are not diseased with or exposed to scabies may be moved 
interstate in accordance with this section, without further APHIS 
inspection or certification, directly to a slaughtering plant where 
Federal Meat Inspection is maintained: Provided further, that treatment 
with ivermectin may be used in lieu of dipping for a herd of cattle 
treated together if the herd is physically separated for 14 days 
following treatment from all cattle not a part of the herd treated 
together with ivermectin. Information may be obtained from an APHIS 
inspector whether a determination as required by this section is 
currently applicable to authorize such movement. Cattle moved interstate 
under this section shall not be diverted en route and must be 
accompanied by a waybill or similar document, or a statement signed by 
the owner or shipper of the cattle, stating: (a) That the cattle are not 
known to be infected with scabies or exposed thereto; (b) [Reserved]; 
(c) the purpose for which the cattle are to be moved; (d) the number of 
the cattle; (e) the point from which the cattle are to be moved 
interstate; (f) that the cattle shall not be diverted en route; and (g) 
the name and address of the owner or shipper of the cattle.

(Approved by the Office of Management and Budget under control number 
0579-0051)


(Secs. 4-7, 23 Stat. 32, as amended; secs. 1 and 2, 32 Stat. 791, 792, 
as amended; secs. 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 and 11, 
76 Stat. 130, 132, 76 Stat. 663; 7 U.S.C. 450 and 21 U.S.C. 111-113, 
115, 117, 120, 121, 123-126, 134b and 134f; 7 CFR 2.17, 2.51, 371.2(d))
[31 FR 8907, June 28, 1966 as amended at 36 FR 23996, Dec. 17, 1971; 38 
FR 10252, Apr. 26, 1973; 38 FR 18011, July 6, 1973; 41 FR 5384, Feb. 6, 
1976; 48 FR 57472, Dec. 30, 1983; 49 FR 10530, Mar. 20, 1984; 49 FR 
33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991]



Sec. 73.6  Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle exposed to scabies.

    When cattle are shipped as ``Treated Scabby Cattle,'' or ``Cattle 
Exposed to Scabies,'' the transportation companies shall securely affix 
to and maintain upon both sides of each means of conveyance carrying 
such cattle a durable, conspicuous placard, not less than 5\1/2\ by 8 
inches in size, on which shall be printed with permanent black ink in 
boldfaced letters, not less than 1\1/2\ inches in height, the words, 
``Treated Scabby Cattle,'' or ``Cattle Exposed to Scabies,'' as the case 
may be. These placards shall also show the name of the place from which 
the shipment was made, the date of the shipment (which must correspond 
to the date of the waybills and other papers), the name of the 
transportation company, and the name of the place of destination. The 
carrier issuing the waybills, conductors' manifests, memoranda, and 
bills of lading pertaining to such shipments shall plainly write or 
stamp upon the face of each such paper the words, ``Treated Scabby 
Cattle,'' or ``Cattle Exposed to Scabies,'' as the case may be. If for 
any reason the placards required by this part have not been affixed to 
the means of conveyance as aforesaid, or the placards have been removed, 
destroyed, or rendered illegible, or the cattle are rebilled or are 
transferred to other means of conveyance, the placards shall be 
immediately affixed or replaced by the carrier, and the new waybills 
shall be marked as aforesaid by the carrier issuing them, the intention 
being that the billing accompanying the shipment shall be marked and the 
means of conveyance containing the cattle shall be placarded ``Treated 
Scabby Cattle,'' or

[[Page 188]]

``Cattle Exposed to Scabies,'' as the case may be, from the time of 
shipment until the cattle arrive at destination or point of dipping and 
the disposition of the means of conveyance is indicated by an APHIS 
inspector or State inspector.

(Secs. 4-7, 23 Stat. 32, as amended; secs. 1 and 2, 32 Stat. 791, 792, 
as amended; secs. 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 and 11, 
76 Stat. 130, 132, 76 Stat. 663; 7 U.S.C. 450 and 21 U.S.C. 111-113, 
115, 117, 120, 121, 123-126, 134b and 134f; 7 CFR 2.17, 2.51, 371.2(d))
[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 49 
FR 10530, Mar. 20, 1984; 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 
21, 1991]



Sec. 73.7  Movement from quarantined to free area and shipment therefrom; restrictions under which permitted.

    No person, firm, or corporation shall deliver for transportation, 
transport, drive on foot, or otherwise move interstate from the free 
area of any State, Territory, or the District of Columbia any cattle 
which have been moved from the quarantined area of the same State, 
Territory, or the District of Columbia into such free area: Provided, 
however, That such cattle may be delivered for transportation, 
transported, driven on foot, or otherwise moved interstate for the 
purposes for which the shipment, transportation, or other movement 
interstate of cattle of the quarantined area is permitted by this part, 
Provided, That in such shipment and transportation or other movement the 
requirements of this part governing the shipment and transportation or 
other movement of cattle of the quarantined area are strictly complied 
with: And provided further, That this section shall not apply to cattle 
of the quarantined area which, before being moved into the free area, 
are certified by an APHIS inspector or State inspector as free from 
disease and are accompanied by such certificate in their shipment by 
transportation or other movement interstate.

(Approved by the Office of Management and Budget under control number 
0579-0051)


(44 U.S.C. 3506)
[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 48 
FR 57472, Dec. 30, 1983; 56 FR 52463, Oct. 21, 1991]



Sec. 73.8  Cattle infected or exposed during transit.

    (a) Healthy cattle from unquarantined State exposed en route. Should 
healthy cattle in transit from a State not quarantined by the Secretary 
of Agriculture for scabies in cattle be unloaded en route and placed in 
infectious premises, they shall be treated as exposed cattle, and their 
further movement shall be subject to the provisions of this part with 
respect to the movement of exposed cattle.
    (b) Interstate shipments of cattle under APHIS or State certificate 
found affected or exposed en route. Cattle shipped interstate under a 
certificate from an APHIS inspector or State inspector or other cattle 
which are found en route to be affected with scabies or to have been 
exposed thereto, shall thereafter be handled in the same manner as 
diseased or exposed cattle are required by this part to be handled, and 
the means of conveyance and the chutes, alleys, and pens which have been 
occupied by diseased animals shall be cleaned and disinfected as 
provided in Secs. 71.4 through 71.11 of this subchapter.
[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 
FR 52463, Oct. 21, 1991]



Sec. 73.9  Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.

    When the cattle are to be dipped under APHIS supervision or control, 
the owner of the cattle offered for shipment, or his agent duly 
authorized thereto, shall first execute and deliver to an APHIS 
inspector an application for inspection and supervised dipping wherein 
he shall agree to waive all claims against the United States for any 
loss or damage to said cattle occasioned by or resulting from dipping or 
other treatment under this part, or resulting from any subsequent 
treatment prior to their interstate shipment, or resulting from the fact 
that they are later found to be still scabies infested, and also for all 
subsequent loss or damage to any other cattle in the possession or 
control of such owner which

[[Page 189]]

may come into contact with the cattle so dipped or treated.
[41 FR 4012, Jan. 28, 1976, as amended at 56 FR 52463, Oct. 21, 1991]



Sec. 73.10  Permitted dips; substances allowed.

    (a) The dips at present permitted by the Department for the 
treatment, as required in this part, of cattle affected with or exposed 
to scabies, are as follows:
    (1) Lime-sulphur dip, other than proprietary brands thereof, made in 
the proportion of 12 pounds of unslaked lime (or 16 pounds of commercial 
hydrated lime, not airslaked lime) and 24 pounds of flowers of sulphur 
or sulphur flour to 100 gallons of water; or a specifically permitted 
proprietary brand of lime-sulphur dip.
    (2) Dips made from specifically permitted proprietary brand 
emulsions of toxaphene and maintained throughout the dipping operation 
at a concentration between 0.50 and 0.60 percent toxaphene. Animals 
treated by such dips should not be slaughtered for food purposes until 
the expiration of such period as may be required under the Federal Meat 
Inspection Act (21 U.S.C., Supp. III, 601 et seq.). The length of this 
required period shall be specified on each certificate issued by the 
APHIS inspector or State inspector who supervises the dipping with such 
dips.
    (3) Approved proprietary brands of coumaphos (Co-RalR), 
25 percent wettable powder or flowable form used at a concentration of 
0.30 percent.
    (4) Approved proprietary brands of organophosphorous insecticides 
(ProlateR) used at a concentration of 0.15 percent to 0.25 
percent.
    (b) The dipping bath for lime-sulphur dip must be used at a 
temperature of 95 deg. to 105 deg. F., and must be maintained through 
the dipping operation at a concentration of not less than 2 percent of 
``sulphide sulphur'', as indicated by the field test for lime-sulphur 
dipping baths approved by the APHIS.\1\ The dipping bath for toxaphene 
emulsions must be kept within a temperature range of 40 deg.-80 deg. F., 
and at a concentration between 0.50 and 0.60 percent throughout the 
dipping operations.2
---------------------------------------------------------------------------


    1 The field test for lime-sulphur dipping baths is described 
in U.S. Department of Agriculture Bulletin 163, for sale by the 
Superintendent of Documents, Government Printing Office, Washington, 
D.C. 20402, at 5 cents a copy.

    2 Care must be exercised in dipping animals and in 
maintaining the bath at the standard concentration. Detailed 
instructions will be issued for the guidance of employees who may be 
called upon to use them in the scabies eradication program.
---------------------------------------------------------------------------

    (c) Proprietary brands of lime-sulphur or toxaphene dips may be used 
in official dipping only after specific permission therefor has been 
granted by the Administrator. Before a dip will be specifically approved 
as a permitted dip for the eradication of scabies in cattle, the APHIS 
\3\ will require that the product be registered under the provisions of 
the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 
U.S.C. 135 et seq.); that is efficacy and stability have been 
demonstrated; that trials have been conducted to determine that its 
concentration can be maintained and that under actual filed conditions 
the dipping of cattle in a bath of definite strength will effectually 
eradicate scabies infection without injury to the animals dipped.
---------------------------------------------------------------------------


    3 Information as to the names of such dips may be 
obtained from the APHIS or a APHIS inspector.
---------------------------------------------------------------------------

[34 FR 7443, May 8, 1969, as amended at 39 FR 39715, Nov. 11, 1974; 40 
FR 12768, Mar. 21, 1975; 40 FR 42179, Sept. 11, 1975; 41 FR 5384, Feb. 
6, 1976; 41 FR 37307, Sept. 3, 1976; 50 FR 431, Jan. 4, 1985; 56 FR 
52463, Oct. 21, 1991]



Sec. 73.11  Treatment of means of conveyance and premises having contained scabby cattle.

    Means of conveyance, yards, pens, sheds, chutes, or other premises 
or facilities which have contained cattle of a consignment in which 
scabies is found shall be treated within 72 hours of use and prior to 
further use in the required concentration with a permitted dip listed in 
Sec. 73.10 under supervision of a State or Federal inspector or an 
accredited veterinarian.
[38 FR 21996, Aug. 15, 1973, as amended at 41 FR 5384, Feb. 6, 1976]

[[Page 190]]



Sec. 73.12  Ivermectin.\1\

    (a) Cattle affected with scabies or which just prior to movement 
were affected with or exposed to scabies may be moved interstate from a 
nonquarantined area after being treated with ivermectin under the 
supervision of an APHIS inspector or State inspector in accordance with 
the directions on the label of the drug if the following conditions are 
met:
---------------------------------------------------------------------------


    \1\ Tissue residues remain following treatment with ivermectin. 
Cattle treated with ivermectin are not allowed to be slaughtered for 
food purposes until the expiration of such period as may be required 
under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). Further, 
the animal drug regulations in 21 CFR parts 522 and 556 promulgated 
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) 
contain limitations on the use of ivermectin and contain tolerances for 
ivermectin in edible cattle tissue. With respect to the limitations 21 
CFR part 522 provides the following: ``For subcutaneous use only. Not 
for intramuscular use. Do not treat cattle within 35 days of slaughter. 
Because a withdrawal time in milk has not been established, do not use 
in female dairy cattle of breeding age. Federal law restricts this drug 
to use by or on the order of a licensed veterinarian.''
---------------------------------------------------------------------------

    (1) Such cattle are kept physically separated for 14 days following 
treatment from all cattle not part of the group treated together with 
ivermectin (regardless of whether the cattle are moved interstate before 
the end of the 14-day period); and
    (2) If such cattle are moved interstate before the end of the 14th 
day following treatment, at the time of interstate movement they are 
accompanied by a certificate issued and signed by an APHIS inspector or 
State inspector identifying the group of cattle treated with ivermectin 
and stating the date on which the cattle were treated with ivermectin; 
and
    (3) If such cattle are moved interstate before the end of the 14th 
day following treatment, at the time of interstate movement the means of 
conveyance carrying them is placarded and the billing marked in 
accordance with Sec. 73.6.

    Note: Cattle from nonquarantined areas which are not affected with 
scabies or which just prior to movement were not affected with or 
exposed to scabies may be moved interstate without restrictions under 
this part. Accordingly, cattle from nonquarantined areas which had been 
treated with ivermectin more than 14 days before movement interstate may 
be moved interstate without restriction under this part unless following 
treatment they become affected with scabies or just prior to movement 
become affected with or exposed to scabies.

    (b) Cattle may be moved interstate from a quarantined area after 
being treated with ivermectin under the supervision of an APHIS 
inspector or State inspector in accordance with the directions on the 
label of the drug if the following conditions are met:
    (1) Such cattle are moved interstate within 21 days following 
treatment with ivermectin; and
    (2) Such cattle are kept physically separated for 14 days following 
treatment from all cattle not part of the group treated together with 
ivermectin (regardless of whether the cattle are moved interstate before 
the end of the 14 day period); and, if such cattle are moved within the 
15- to 21-day period following treatment, they remain kept physically 
separated from all cattle not a part of the group treated together with 
ivermectin until after they are moved interstate; and
    (3) Such cattle are accompanied at the time of interstate movement 
by a certificate issued and signed by an APHIS inspector or State 
inspector identifying the group of cattle treated with ivermectin and 
stating the date on which the cattle were treated with ivermectin; and
    (4) If such cattle are moved interstate before the end of the 14 day 
period following treatment, at the time of interstate movement the means 
of conveyance carrying them is placarded and the billing marked in 
accordance with Sec. 73.6.

(Secs. 4-7, 23 Stat. 32, as amended; secs. 1 and 2, 32 Stat. 791, 792, 
as amended; secs. 1-4, 33 Stat. 1264, 1265, as amended; secs. 3 and 11, 
76 Stat. 130, 132, 76 Stat. 663; 7 U.S.C. 450 and 21 U.S.C. 111-113, 
115, 117, 120, 121, 123-126, 134b and 134f; 7 CFR 2.17, 2.51, 371.2(d))
[49 FR 10530, Mar. 20, 1984 and 49 FR 33120, Aug. 21, 1984; 56 FR 52463, 
Oct. 21, 1991]



PART 74 [RESERVED]




[[Page 191]]



PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS--Table of Contents




                       Dourine in Horses and Asses

Sec.
75.1-75.3  [Reserved]

                 Equine Infectious Anemia (Swamp Fever)

75.4  Interstate movement of equine infectious anemia reactors and 
          approval of laboratories, diagnostic facilities, and research 
          facilities.

                    Contagious Equine Metritis (CEM)

75.5-75.10  [Reserved]

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and 134-
134h; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 28 FR 5950, June 13, 1963, unless otherwise noted.

                       Dourine in Horses and Asses



Secs. 75.1-75.3  [Reserved]

                 Equine Infectious Anemia (Swamp Fever)



Sec. 75.4  Interstate movement of equine infectious anemia reactors and approval of laboratories, diagnostic facilities, and research facilities.

    (a) Definitions. For the purpose of this section, the following 
terms have the meanings set forth in this paragraph.
    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, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS or Service).
    Animals. Cattle, sheep, goats, other ruminants, swine, horses, 
asses, mules, zebras, dogs, and poultry.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the functions involved.
    Approved stockyard. A stockyard, livestock market, or other 
premises, under state or federal veterinary supervision where horses or 
other equines are assembled for sale purposes, and which has been 
approved by the Administrator under Sec. 71.20 of this chapter.
    Certificate. An official document issued by a State representative, 
APHIS representative, or an accredited veterinarian at the point of 
origin of the interstate movement on which are listed: (1) The 
description, including age, breed, color, sex, and distinctive markings 
when present (such as brands, tattoos, scars or blemishes), of each 
reactor to be moved; (2) the number of reactors covered by the document; 
(3) the purpose for which the reactors are to be moved; (4) the points 
of origin and destination; (5) consignor; and (6) the consignee; and 
which states that each reactor identified on the certificate meets the 
requirements of Sec. 75.4(b).
    Interstate. From any State into or through any other State.
    Official seal. A serially numbered metal or plastic strip, or a 
serially numbered button, consisting of a self-locking device on one end 
and a slot on the other end, which forms a loop when the ends are 
engaged and which cannot be reused if opened. It is applied by an APHIS 
representative or State representative.
    Official test. Any test for the laboratory diagnosis of equine 
infectious anemia that utilizes a diagnostic product that is: (1) 
Produced under license from the Secretary of Agriculture, and found to 
be efficacious for that diagnosis, under the Virus-Serum-Toxin Act of 
March 4, 1913, and subsequent amendments (21 U.S.C. 151 et seq.); and 
(2) conducted in a laboratory approved by the Administrator.
    Officially identified. The permanent identification of a reactor 
using the National Uniform Tag code number assigned by the United States 
Department of Agriculture to the State in which the reactor was tested, 
followed

[[Page 192]]

by the letter ``A'',\1\ which markings shall be permanently applied to 
the reactor by an APHIS representative, State representative or 
accredited veterinarian who shall use for the purpose a hot iron or 
chemical brand, freezemarking or a lip tattoo. If hot iron or chemical 
branding or freezemarking is used, the markings shall be not less than 
two inches high and shall be applied to the left shoulder or left side 
of the neck of the reactor. If a lip tattoo is used, each character of 
the tattoo shall be not less than one inch high and three-fourths of an 
inch wide and shall be applied to the inside surface of the upper lip of 
the reactor.
---------------------------------------------------------------------------


    \1\ Information as to the National Uniform Tag code number system 
can be obtained from the Animal and Plant Health Inspection Service, 
Veterinary Services, Sheep, Goat, Equine, and Poultry Diseases, 4700 
River Road Unit 43, Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------

    Operator. The individual responsible for the day-to-day operations 
of the specifically approved stockyard.
    Permit. An official document (VS Form 1-27 or a State form which 
contains the same information, but not a ``permit for entry'') issued by 
an APHIS representative, State representative, or accredited 
veterinarian which lists the owner's name and address, points of origin 
and destination, number of animals covered, purpose of the movement, and 
one of the following: The individual animal registered breed association 
registration tattoo, individual animal registered breed association 
registration number, or similar individual identification, including 
name, age, sex, breed, color, and markings.
    Reactor. Any horse, ass, mule, pony or zebra which is subjected to 
an official test and found positive.
    State. Any State, the District of Columbia, Puerto Rico, the Virgin 
Islands of the United States, Guam, the Northern Mariana Islands, or any 
other territory or possession of the United States.
    State animal health official. The individial employed by a State who 
is responsible for livestock and poultry disease control and eradication 
programs.
    State representative. An individual employed in animal health 
activities of a State or a State's political subdivision, who is 
authorized by that State to perform the function involved under a 
cooperative agreement with the United States Department of Agriculture.
    Veterinarian in Charge. The veterinary official of APHIS who is 
assigned by the Administrator to supervise and perform the animal health 
activities of APHIS in the State concerned.
    (b) Interstate movement. No reactor may be moved interstate unless 
the reactor is officially identified, is accompanied by a certificate, 
and meets the conditions of either paragraph (b)(1), (b)(2), (b)(3), or 
(b)(4) of this section: Provided, That official identification is not 
necessary if the reactor is moved directly to slaughter under a permit 
and in a conveyance sealed with an official seal:
    (1) The reactor is moved interstate for immediate slaughter, either 
to a Federally inspected slaughtering establishment operating under the 
provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or 
to a State-inspected slaughtering establishment that has inspection by a 
State representative at time of slaughter; or
    (2) The reactor is moved interstate to a diagnostic or research 
facility after the individual issuing the certificate has consulted with 
the State animal health official in the State of destination and has 
determined that the reactor to be moved interstate will be maintained in 
isolation sufficient to prevent the transmission of equine infectious 
anemia to other horses, asses, ponies, mules, or zebras, and will remain 
quarantined under State authority at the diagnostic or research facility 
until natural death, slaughter, or until disposed of by euthanasia; or
    (3) The reactor is moved interstate to its home farm after the 
individual issuing the certificate has consulted with the State animal 
health official in the State of destination and has determined that the 
reactor to be moved interstate will be maintained in isolation 
sufficient to prevent the transmission of equine infectious anemia to 
other horses, asses, ponies, mules, or zebras, and will remain 
quarantined under State authority on the reactor's

[[Page 193]]

home farm until natural death, slaughter, or until disposed of by 
euthanasia; and
    (4) The reactor is moved interstate through no more than one 
approved stockyard for sale for immediate slaughter, and is moved within 
five days of its arrival at the approved stockyard directly to:
    (i) Slaughter at a federally inspected slaughtering establishment 
operating under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.), or,
    (ii) Slaughter at a state-inspected slaughtering establishment that 
has inspection by a state representative at the time of slaughter, or,
    (iii) The home farm of the reactor in accordance with paragraph 
(b)(3) of this section.
    (c) Approval of Laboratories, and Diagnostic or Research Facilities. 
(1) The Administrator will approve laboratories to conduct the official 
test 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 official 
test who have received training prescribed by the National Veterinary 
Services Laboratories; (ii) uses United States Department of Agriculture 
licensed antigen; (iii) follows standard test protocol prescribed by the 
National Veterinary Services Laboratories; (iv) meets check test 
proficiency requirements prescribed by the National Veterinary Services 
Laboratories; and (v) reports all official test results to the State 
animal health official and the Veterinarian in Charge.\2\
---------------------------------------------------------------------------


    \2\ Training requirements, standard test protocols, and check test 
proficiency requirements prescribed by the National Veterinary Services 
Laboratories, and the names and addresses of approved laboratories can 
be obtained from the Animal and Plant Health Inspection Service, 
Veterinary Services, Sheep, Goat, Equine, and Poultry Diseases, 4700 
River Road Unit 43, Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------

    (2) The Administrator will approve diagnostic or research facilities 
to which reactors may be moved interstate under paragraph (b)(2) of this 
section, after a determination by the Administrator that the facility 
has facilities and employs procedures which are adequate to prevent the 
transmission of equine infectious anemia from reactors to other equine 
animals.\3\
---------------------------------------------------------------------------


    \3\ Facilities and procedures which are adequate to prevent the 
transmission of equine infectious anemia, and the names and addresses of 
approved diagnostic or research facilities, can be obtained from the 
Animal and Plant Health Inspection Service, Veterinary Services, Sheep, 
Goat, Equine, and Poultry Diseases, 4700 River Road Unit 43, Riverdale, 
Maryland 20737-1231.
---------------------------------------------------------------------------

    (d) Denial and withdrawal of approval of laboratories and diagnostic 
or research facilities. The Administrator may deny or withdraw approval 
of any laboratory to conduct the official test, or of any diagnostic or 
research facility to receive reactors moved interstate, upon a 
determination that the laboratory or diagnostic or research facility 
does not meet the criteria for approval under paragraph (c) of this 
section.
    (1) In the case of a denial, the operator of the laboratory or 
facility will be informed of the reasons for denial and may appeal the 
decision in writing to the Administrator within 10 days after receiving 
notification of the denial. The appeal must include all of the facts and 
reasons upon which the person relies to show that the laboratory or 
facility was wrongfully denied approval to conduct the official test or 
receive reactors moved interstate. 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.
    (2) In the case of withdrawal, before such action is taken, the 
operator of the laboratory or facility will be informed of the reasons 
for the proposed withdrawal. The operator of the laboratory or facility 
may appeal the proposed withdrawal in writing to the Administrator 
within 10 days after being informed of the reasons for the proposed 
withdrawal. The appeal must include all of the facts and reasons upon 
which the person relies to show that

[[Page 194]]

the reasons for the proposed withdrawal are incorrect or do not support 
the withdrawal of the approval of the laboratory or facility to conduct 
the official test or receive reactors moved interstate. 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. However, the withdrawal shall become 
effective pending final determination in the proceeding when the 
Administrator determines that such action is necessary to protect the 
public health, interest, or safety. Such withdrawal shall be effective 
upon oral or written notification, whichever is earlier, to the operator 
of the laboratory or facility. In the event of oral notification, 
written confirmation shall be given as promptly as circumstances allow. 
The withdrawal shall continue in effect pending the completion of the 
proceeding, and any judicial review thereof, unless otherwise ordered by 
the Administrator.
    (3) Approval for a laboratory to conduct the official test will be 
automatically withdrawn by the Administrator when the operator of the 
approved laboratory notifies the National Veterinary Services 
Laboratories in Ames, Iowa, in writing, that the laboratory no longer 
conducts the official test.
    (4) Approval for a diagnostic or research facility to receive 
reactors moved interstate will be automatically withdrawn by the 
Administrator when the operator of the approved diagnostic or research 
facility notifies the Administrator, in writing, that the diagnostic or 
research facility no longer receives reactors moved interstate.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 12597, Apr. 14, 1986, as amended at 51 FR 30327, Aug. 26, 1986; 
55 FR 13506, 13507, Apr. 11, 1990; 57 FR 2440, Jan. 22, 1992; 57 FR 
57337, Dec. 4, 1992; 59 FR 67133, Dec. 29, 1994; 59 FR 67613, Dec. 30, 
1994; 60 FR 14619, Mar. 20, 1995; 62 FR 27936, May 22, 1997]

                    Contagious Equine Metritis (CEM)



Secs. 75.5-75.10  [Reserved]



PART 76 [RESERVED]






PART 77--TUBERCULOSIS--Table of Contents




Sec.
77.1  Definitions.
77.2  General restrictions.
77.3  Movement from accredited-free States, accredited-free (suspended) 
          States, and modified accredited States.
77.4  Movement from nonmodified accredited states.
77.5  Interstate movement of cattle and bison that are exposed, 
          reactors, or suspects, or from herds containing suspects.
77.6  Other movements.

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, and 
134f; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 43 FR 34431, Aug. 4, 1978, unless otherwise noted.



Sec. 77.1  Definitions.

    As used in this part, the following terms shall have the meanings 
set forth in this section except as otherwise specified.
    Accredited-free state. (1)(i) To establish or maintain status as an 
accredited-free state, a state must have no findings of tuberculosis in 
any cattle or bison in the state for at least 5 years. The state also 
must comply with all of the provisions of the ``Uniform Methods and 
Rules--Bovine Tuberculosis Eradication'' regarding accredited-free 
states and must apply these provisions to bison in the same manner as to 
cattle. Detection of tuberculosis in any cattle or bison in the state 
will result in suspension of accredited-free state status. Detection of 
tuberculosis in two or more herds in the state within 48 months will 
result in revocation of accredited-free state status. Accredited-free 
state status must be renewed annually.
    (ii) To qualify for renewal of accredited-free state status, a state 
must submit an annual report to APHIS certifying that the state complies 
with all the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication'' regarding accredited-free states and that the 
state applies these provisions to bison in the same manner

[[Page 195]]

as to cattle. The report must be submitted to APHIS each year between 
October 1 and November 30.
    (2) Accredited-free states: Alabama, Alaska, Arizona, Arkansas, 
Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, 
North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, 
South Dakota, Tennessee, Utah, Vermont, Virginia, the Virgin Islands of 
the United States, Washington, West Virginia, Wisconsin, and Wyoming.
    Accredited-free (suspended) State. (1)(i) A State with the status of 
an accredited-free State is designated as accredited-free (suspended) if 
tuberculosis is detected in any cattle or bison in the State.
    (ii) A State is qualified for redesignation of accredited-free 
status after the herd in which tuberculosis is detected has been 
quarantined, an epidemiological investigation has confirmed that the 
disease has not spread from the herd, and all reactor cattle and bison 
have been destroyed.
    (2) Accredited-free (suspended) States: Hawaii.
    Accredited herd. To establish or maintain accredited herd status, 
the herd owner must comply with all the provisions of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' regarding 
accredited herds and must apply the provisions to bison in the same 
manner as to cattle. All cattle and bison in a herd must be free from 
tuberculosis.
    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, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Affected herd. A herd in which tuberculosis has been disclosed in 
any cattle or bison by an official tuberculin test or by postmortem 
examination.
    Animal. All species of animals except man, birds, or reptiles.
    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. An individual employed by APHIS who is 
authorized to perform the function involved.
    Cattle and bison not known to be affected. All cattle and bison 
except those originating from tuberculosis affected herds or from herds 
containing tuberculosis suspect cattle or bison.
    Certificate. An official document issued by an APHIS representative, 
a State representative, or an accredited veterinarian at the point of 
origin of a shipment of cattle and bison to be moved under this part, 
which shows the identification tag, tattoo, or registration number or 
similar identification of each animal to be moved, the number, breed, 
sex, and approximate age of the animals covered by the document, the 
purpose for which the animals are to be moved, the date and place of 
issuance, the points of origin and destination, the consignor, and the 
consignee, and which states that the animal or animals identified on the 
certificate meet the requirements of this part.
    Department. The U.S. Department of Agriculture (USDA).
    Exposed cattle and bison. Cattle and bison, except reactor cattle 
and bison, which are part of an affected herd.
    Herd. Any group of cattle or bison, or both maintained on common 
ground for any purpose, or two or more groups of cattle or bison, or 
both under common ownership or supervision, which are geographically 
separated, but among which there is an interchange or movement of cattle 
or bison without regard to health status.
    Interstate. From one State into or through any other State.
    Modified accredited state. (1)(i) To establish or maintain status as 
a modified accredited state, a state must comply with all of the 
provisions of the ``Uniform Methods and Rules--Bovine

[[Page 196]]

Tuberculosis Eradication'' regarding modified accredited states, and 
must apply these provisions to bison in the same manner as to cattle. 
Modified accredited state status must be renewed annually.
    (ii) To qualify for renewal of modified accredited state status, a 
state must submit an annual report to APHIS certifying that the state 
complies with all the provisions of the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' regarding modified accredited states 
and that the state applies these provisions to bison in the same manner 
as to cattle. The report must be submitted to APHIS each year between 
October 1 and November 30.
    (2) Modified accredited states: California, New Mexico, 
Pennsylvania, Puerto Rico, and Texas.
    Moved. Shipped, transported, or otherwise moved, or delivered or 
received for movement.
    Negative cattle and bison. Cattle are classified negative for 
tuberculosis in accordance with the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' based on the results of an official 
tuberculin test. Bison are classified negative for tuberculosis in the 
same manner as cattle.
    Nonmodified accredited state. (1) A state that has not received 
accredited-free state status or modified accredited state status. (2) 
Nonmodified accredited states: [No states]
    Official seal. A seal issued by a State or APHIS representative.
    Official tuberculin test. Any test for tuberculosis conducted on 
cattle in accordance with the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication.'' The official tuberculin test for bison is 
the same as for cattle.
    Permit. An official document issued for movement of animals under 
this part by an APHIS representative, State representative, or an 
accredited veterinarian at the point of origin of a shipment of cattle 
or bison to be moved directly to slaughter, which shows the tuberculosis 
status of each animal (reactor, suspect, or exposed), the ear tag number 
of each animal and the name of the owner of such animal, the 
establishment to which the animals are to be moved, the purpose for 
which the animals are to be moved and that they are eligible for such 
movement under the applicable provisions of Secs. 77.5 and 77.6 of this 
part.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or other legal entity.
    Reactor cattle and bison. Cattle are classified as reactors for 
tuberculosis in accordance with the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' based on a positive response to an official 
tuberculin test. Bison are classified as reactors for tuberculosis in 
the same manner as cattle.
    State. Any State, territory, the District of Columbia, or Puerto 
Rico.
    State representative. A veterinarian or other person employed in 
livestock sanitary work of a State or political subdivision thereof and 
who is authorized by such State or political subdivision thereof to 
perform the function involved under a memorandum of understanding with 
the Department.
    Suspect cattle and bison. Cattle are classified as suspects for 
tuberculosis in accordance with the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' based on a positive response to an official 
tuberculin test. Bison are classified as suspects for tuberculosis in 
the same manner as cattle.
    Transportation document. Any document accompanying the interstate 
movement, such as an owner's statement, manifest, switch order, or 
vehicle record, on which is stated: (1) The point from which the animals 
are moved interstate; (2) the destination of the animals; (3) the number 
of animals covered by the document; and (4) the name and address of the 
owner or shipper.
    Tuberculosis. The contagious, infectious, and communicable disease 
caused by Mycobacterium bovis.
    Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform 
methods and rules for eradicating bovine tuberculosis in the United 
States, adopted by the United States Animal Health Association on 
October 24, 1984, and approved by APHIS on March 13, 1985. The Uniform 
Methods and Rules--Bovine Tuberculosis Eradication were approved for 
incorporation by reference into the

[[Page 197]]

Code of Federal Regulations by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.\1\
---------------------------------------------------------------------------


    \1\ Copies may be obtained from the Animal and Plant Health 
Inspection Service, Veterinary Services, Cattle Diseases and 
Surveillance, 4700 River Road Unit 36, Riverdale, Maryland 20737-1231.

(Approved by the Office of Management and Budget under control number 
---------------------------------------------------------------------------
0579-0084)

[40 FR 27009, June 26, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 77.1, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 77.2  General restrictions.

    Cattle and bison may not be moved interstate except in compliance 
with this part.
[52 FR 39615, Oct. 23, 1987]



Sec. 77.3  Movement from accredited-free States, accredited-free (suspended) States, and modified accredited States.

    Cattle or bison not known to be affected with or exposed to 
tuberculosis, originating in an accredited-free State, an accredited-
free (suspended) State, or a modified accredited State, may be moved 
interstate without restriction.\3\
---------------------------------------------------------------------------


    \3\ The regulations of the State of destination should be consulted 
before shipments are made from accredited-free, accredited-free 
(suspended) and modified accredited States.
---------------------------------------------------------------------------

[59 FR 9072, Feb. 25, 1994]



Sec. 77.4  Movement from nonmodified accredited states.

    Cattle or bison not known to be affected with or exposed to 
tuberculosis, originating in a nonmodified accredited state, shall only 
be moved interstate if:
    (a) Such cattle or bison are accompanied by a certificate stating 
that such cattle or bison have been classified negative to an official 
tuberculin test, which was conducted within 30 days prior to the date of 
movement. All cattle or bison not individually identified by a 
registration name and number shall be individually identified by an 
APHIS approved metal eartag or tattoo; or
    (b) Such cattle or bison are from an accredited herd and they are 
accompanied by a certificate showing the cattle to be from such a herd; 
or
    (c) Such cattle or bison are moved interstate directly to slaughter 
to an establishment operating under the provisions of the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) or to a State inspected 
slaughtering establishment which has inspection by a State inspector at 
the time of slaughter.
[43 FR 34431, Aug. 4, 1978. Redesignated at 52 FR 39615, Oct. 23, 1987, 
and amended at 52 FR 39616, Oct. 23, 1987; 54 FR 31165, July 27, 1989]



Sec. 77.5  Interstate movement of cattle and bison that are exposed, reactors, or suspects, or from herds containing suspects.

    (a) Reactor cattle and bison. Cattle or bison which have been 
classified as reactor cattle or bison may be moved interstate only if 
they are moved directly to slaughter at an establishment operating under 
the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) or to a State-inspected slaughtering establishment which has 
inspection by a State inspector at the time of slaughter, and only upon 
compliance with the following conditions:
    (1) Reactor cattle and bison must be individually identified by 
attaching to the left ear an approved metal eartag bearing a serial 
number and the inscription ``U.S. Reactor'', or a similar State reactor 
tag, and must be:
    (i) Branded with the letter ``T,'' at least 5 by 5 centimeters (2 by 
2 inches) in size, high on the left hip near the tailhead; or
    (ii) Permanently identified with the letters ``TB'' tattooed legibly 
in the left ear and sprayed with yellow paint on the left ear, and 
either accompanied directly to slaughter by an APHIS or State 
representative or moved directly to slaughter in vehicles closed with 
official seals. Such official seals must be applied and removed by an 
APHIS representative, State representative, accredited veterinarian, or 
an individual authorized for this purpose by an APHIS representative.
    (2) The reactor cattle or bison shall be accompanied by a permit; 
and

[[Page 198]]

    (3) The reactor cattle or bison shall not be moved interstate in a 
means of conveyance containing any animals susceptible to tuberculosis 
unless all of the animals are being moved directly to slaughter; and
    (4) Any person who moves reactor cattle or bison interstate under 
this paragraph shall plainly write or stamp upon the face of the 
transportation document the words ``Tuberculin Reactor'' and the 
following statement: ``This conveyance shall be cleaned and disinfected 
in accordance with Sec. 77.5(a)(5) of the regulations.''; and
    (5) Each means of conveyance in which reactor cattle or bison have 
been transported interstate under this paragraph shall be cleaned and 
disinfected by the carrier, in accordance with the provisions of 
Secs. 71.6, 71.7, and 71.10 of this subchapter, under the supervision of 
an APHIS representative or State representative or an accredited 
veterinarian or other person designated by the Administrator. If, at the 
point where the cattle are unloaded, such supervision or proper cleaning 
and disinfecting facilities are not available, and permission is 
obtained from an APHIS representative or State representative, the empty 
means of conveyance may be moved to a location where such supervision 
and facilities are available for cleaning and disinfecting. Permission 
shall be granted if such movement does not present a risk of the 
dissemination of tuberculosis.
    (b) Exposed cattle and bison. Except for the movement of exposed 
cattle to a quarantined feedlot in accordance with Sec. 50.16 of this 
chapter, exposed cattle or exposed bison shall be moved interstate only 
if they are moved directly to slaughter to an establishment operating in 
accordance with the Federal Meat Inspection Act (21 U.S.C. 601-695) or 
to a state inspected slaughtering establishment which has inspection by 
a state inspector at the time of slaughter and only in accordance with 
the following conditions:
    (1) Exposed cattle and bison must be individually identified by 
attaching to either ear an approved metal eartag bearing a serial 
number, and must be:
    (i) Branded with the letter ``S,'' at least 5 by 5 centimeters (2 by 
2 inches) in size, high on the left hip near the tailhead; or
    (ii) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (iii) Moved directly to slaughter in vehicles closed with official 
seals. Such official seals must be applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.
    (2) Such exposed cattle or bison shall be moved in accordance with 
the requirements pertaining to reactor cattle or bison contained in 
paragraphs (a)(2), (a)(3), and (a)(5) of this section.
    (c) Suspect cattle and bison. Suspect cattle or bison which have not 
been retested and found negative from herds in which no reactor cattle 
or bison have been disclosed on an official tuberculin test, and 
negative cattle or bison from such herds, shall only be moved interstate 
if they are moved directly to slaughter to an establishment operating 
under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 
et seq.) or to a State inspected slaughtering establishment which has 
inspection by a State inspector at the time of slaughter.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[43 FR 34431, Aug. 4, 1978, as amended at 51 FR 33736, Sept. 23, 1986; 
52 FR 1317, Jan. 13, 1987. Redesignated at 52 FR 39615, Oct. 23, 1987, 
and amended at 52 FR 39616, Oct. 23, 1987; 54 FR 31165, July 27, 1989; 
60 FR 48367, Sept. 19, 1995; 61 FR 25138, May 20, 1996]



Sec. 77.6  Other movements.

    The Administrator may, with the concurrence of the livestock 
sanitary officials of the State of destination, upon request in specific 
cases, permit the movement of cattle or bison not otherwise provided for 
in this part which have not been classified as reactor cattle or bison 
and are not otherwise known to be affected with tuberculosis, under such 
conditions as he may prescribe in each specific case to prevent the 
spread of tuberculosis. The Administrator shall promptly notify

[[Page 199]]

the appropriate livestock sanitary officials of the State of destination 
of any such action.
[43 FR 34431, Aug. 4, 1978. Redesignated at 52 FR 39615, Oct. 23, 1987, 
and amended at 52 FR 39616, Oct. 23, 1987; 54 FR 31165, July 27, 1989]



PART 78--BRUCELLOSIS--Table of Contents




Sec.

                      Subpart A--General Provisions

78.1  Definitions.
78.2  Handling of certificates, permits, and ``S'' brand permits for 
          interstate movement of animals.
78.3  Handling in transit of cattle and bison moved interstate.
78.4  [Reserved]

  Subpart B--Restrictions on Interstate Movement of Cattle Because of 
                               Brucellosis

78.5  General restrictions.
78.6  Steers and spayed heifers.
78.7  Brucellosis reactor cattle.
78.8  Brucellosis exposed cattle.
78.9  Cattle from herds not known to be affected.
78.10  Official vaccination of cattle moving into and out of Class B and 
          Class C States or areas.
78.11  Cattle moved to a specifically approved stockyard not in 
          accordance with this part.
78.12  Cattle from quarantined areas.
78.13  Other movements.
78.14  Rodeo bulls.
78.15-78.19  [Reserved]

   Subpart C--Restrictions on Interstate Movement of Bison Because of 
                               Brucellosis

78.20  General restrictions.
78.21  Bison steers and spayed heifers.
78.22  Brucellosis reactor bison.
78.23  Brucellosis exposed bison.
78.24  Bison from herds not known to be affected.
78.25  Other movements.
78.26--78.29  [Reserved]

   Subpart D--Restrictions on Interstate Movement of Swine Because of 
                               Brucellosis

78.30  General restrictions.
78.31  Brucellosis reactor swine.
78.32  Brucellosis exposed swine.
78.33  Sows and boars.
78.34  Other movements.
78.35--78.39  [Reserved]

               Subpart E--Designation of Brucellosis Areas

78.40  Designation of States/areas.
78.41  State/area classification.
78.42  Quarantined areas.
78.43  Validated brucellosis-free States.

    Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-126, 
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 51 FR 32580, Sept. 12, 1986, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 78.1  Definitions.

    The following terms are defined in this section:

Accredited veterinarian
Administrator
Animals
Animal and Plant Health Inspection Service
APHIS representative
Approved brucella vaccine
Approved individual herd plan
Approved intermediate handling facility
Area
``B'' branded
Boar
Brucellosis
Brucellosis exposed
Brucellosis negative
Brucellosis reactor
Brucellosis ring test
Brucellosis suspect
Certificate
Certified brucellosis-free herd
Class A State or area
Class B State or area
Class C State or area
Class Free State or area
Complete herd test (CHT)
Confirmatory test
Dairy cattle
Designated epidemiologist
Directly
Epidemiologist
Epidemiology
Farm of origin
Feral swine
Finished fed cattle
Herd
Herd blood test
Herd known to be affected
Herd not known to be affected
Herd of origin of swine
Interstate
Market cattle identification test cattle
Market swine test (MST) reactor
Market swine test swine
Monitored-negative feral swine population
Moved
Moved (movement) in interstate commerce
Official adult vaccinate

[[Page 200]]

Official brand inspection certificate
Official brand recording agency
Official calfhood vaccinate
Official eartag
Official seal
Official swine tattoo
Official test
Official vaccinate
Official vaccination eartag
Originate
Parturient
Permit
Permit for entry
Person
Postparturient
Purebred registry association
Qualified herd
Quarantined area
Quarantined feedlot
Quarantined pasture
Recognized slaughtering establishment
``S'' branded
``S'' brand permit
Sow
Specifically approved stockyard
State
State animal health official
State representative
Successfully closed case
Swine brucellosis
Test-eligible cattle and bison
United States Department of Agriculture backtag
Validated brucellosis-free herd
Validated brucellosis-free State
Veterinarian in Charge
Whole herd vaccination


As used in this part, the following terms shall have the meanings set 
forth in this section.
    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, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animals. Cattle, bison, and swine.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Approved brucella vaccine. A Brucella product approved by and 
produced under license of the United States Department of Agriculture 
for injection into cattle or bison to enhance their resistance to 
brucellosis.
    Approved individual herd plan. A herd management and testing plan 
designed by the herd owner, the owner's veterinarian if so requested, 
and a State representative or APHIS representative to determine the 
disease status of animals in the herd and to control and eradicate 
brucellosis within the herd. The plan must be jointly approved by the 
State animal health official and the Veterinarian in Charge.
    Approved intermediate handling facility. Premises approved by the 
Administrator and the State animal health official for receiving and 
handling cattle and bison for release only to recognized slaughtering 
establishments and quarantined feedlots. Cattle and bison may be held at 
an approved intermediate handling facility for a maximum of 7 days and 
may not change ownership during this time. No cattle or bison, except 
cattle or bison moved directly from a farm of origin, shall be permitted 
to enter an approved intermediate handling facility unless they are 
accompanied by a permit or ``S'' brand permit. Cattle or bison 
transported in vehicles closed with official seals are prohibited from 
entering the approved intermediate handling facility. No cattle or bison 
shall be permitted to leave an approved intermediate handling facility 
unless they are accompanied by a permit or ``S'' brand permit which 
lists a recognized slaughtering establishment or a quarantined feedlot 
as the point of destination. To qualify for and retain approval, the 
following conditions must be met: (a) The facility must be separate and 
apart from other livestock handling facilities for breeding cattle and 
breeding bison; (b) Serviceable equipment for cleaning and disinfection 
shall be furnished and maintained with adequate disinfectant on hand; 
(c) The facility must be cleaned and disinfected in accordance with 
Sec. 71.4(a) of this chapter; (d) Any document relating to cattle or 
bison which are or have been in the facility shall be maintained by the 
facility for a period of 1 year; (e) State representatives and

[[Page 201]]

APHIS representatives shall be granted, at reasonable hours, access to 
all documents required to be maintained by the facility and authority to 
reproduce the documents; and (f) Each entrance and exit to the facility 
must prominently display a sign bearing the following words: ``All 
cattle and bison entering this facility must go directly to slaughter or 
a quarantined feedlot''. The Administrator may withdraw or deny approval 
of any intermediate handling facility in accordance with Sec. 71.20 of 
this chapter.
    Area. That portion of any State which has a separate brucellosis 
classification under this part.
    ``B'' branded. Branding with a hot iron the letter ``B'' high on the 
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 
inches) in size.
    Boar. An uncastrated male swine 6 months of age or over which is or 
has been capable of being used for breeding purposes.
    Brucellosis. The contagious, infectious, and communicable disease 
caused by bacteria of the genus Brucella. It is also known as Bangs 
disease, undulant fever, and contagious abortion.
    Brucellosis exposed. Except for brucellosis reactors, animals that 
are part of a herd known to be affected, or are in a quarantined feedlot 
or a quarantined pasture, or are brucellosis suspects, or that have been 
in contact with a brucellosis reactor for a period of 24 hours or more, 
or for a period of less than 24 hours if the brucellosis reactor has 
aborted, calved, or farrowed within the past 30 days or has a vaginal or 
uterine discharge.
    Brucellosis negative. An animal subjected to one or more official 
tests resulting in a brucellosis negative classification or reclassified 
as brucellosis negative by a designated epidemiologist as provided for 
in the definition of official test.
    Brucellosis reactor. An animal subjected to an official test 
resulting in a brucellosis reactor classification or subjected to a 
bacteriological examination for field strain Brucella abortus and found 
positive or reclassified as a brucellosis reactor by a designated 
epidemiologist as provided for in the definition of official test.
    Brucellosis ring test. The brucellosis ring test is conducted on 
composite milk or cream samples from dairy herds and is interpreted as 
either negative or suspicious (positive). Herds which are negative to 
the brucellosis ring test and which are not quarantined as brucellosis 
affected are classified as brucellosis negative for public health 
ordinances and surveillance purposes. Herds classified as suspicious 
require a herd blood test to determine animal and herd status.
    Brucellosis suspect. An animal subjected to an official test 
resulting in a brucellosis suspect classification or reclassified as a 
brucellosis suspect by a designated epidemiologist as provided for in 
the definition of official test.
    Certificate. An official document issued by an APHIS representative, 
state representative, or accredited veterinarian at the point of origin 
of an interstate movement of animals.
    (a) The certificate must show the official eartag number, individual 
animal register breed association registration tattoo, individual animal 
registered breed association registration brand, individual animal 
registered breed association registration number, or similar individual 
identification of each animal to be moved; the number of animals covered 
by the certificate; the purpose for which the animals are to be moved; 
the points of origin and destination; the consignor; and the consignee. 
Ownership brands may be used in place of individual animal 
identification on certificates for cattle moved interstate when no 
official test for brucellosis is required under this part, provided the 
ownership brands are registered with the official brand recording 
agency. Except as provided in paragraphs (b) and (c) of this definition, 
all of the information required by this paragraph must be typed or 
written on the certificate.
    (b) As an alternative to typing or writing individual animal 
identification on a certificate, another document may be used to provide 
this information, but only under the following conditions:
    (1) The document must be a state form or APHIS form that requires 
individual identification of animals;

[[Page 202]]

    (2) A legible copy of the document must be stapled to the original 
and each copy of the certificate;
    (3) Each copy of the document must identify each animal to be moved 
with the certificate, but any information pertaining to other animals, 
and any unused space on the document for recording animal 
identification, must be crossed out in ink; and
    (4) The following information must be written in ink in the 
identification column on the original and each copy of the certificate 
and must be circled or boxed, also in ink, so that no additional 
information can be added:
    (i) The name of the document; and
    (ii) Either the serial number on the document or, if the document is 
not imprinted with a serial number, both the name of the person who 
prepared the document and the date the document was signed.
    (c) As an alternative to typing or writing ownership brands on a 
certificate, an official brand inspection certificate may be used to 
provide this information, but only under the following conditions:
    (1) A legible copy of the official brand inspection certificate must 
be stabled to the original and each copy of the certificate;
    (2) Each copy of the official brand inspection certificate must show 
the ownership brand of each animal to be moved with the certificate, but 
any other ownership brands, and any unused space for recording ownership 
brands, must be crossed out in ink;
    (3) The following information must be written in ink in the 
identification column on the original and each copy of the certificate 
and must be circled or boxed, also in ink, so that no additional 
information can be added:
    (i) The name of the attached document; and
    (ii) Either the serial number on the official brand inspection 
certificate or, if the official brand inspection certificate is not 
imprinted with a serial number, both the name of the person who prepared 
the official brand inspection certificate and the date it was signed.
    Certified brucellosis-free herd. A herd of cattle or bison which has 
qualified for and whose owner has been issued a certified brucellosis-
free herd certificate signed by the appropriate State animal health 
official and the Veterinarian in Charge.
    (a) Certification. Either of the following two methods may be used 
to qualify a herd:
    (1) In the case of dairy cattle, by conducting a minimum of four 
consecutive negative brucellosis ring tests at not less than 90-day 
intervals, followed by a negative herd blood test within 90 days after 
the last negative brucellosis ring test; or
    (2) By conducting at least two consecutive negative herd blood tests 
not less than 10 months nor more than 14 months apart.
    (b) Maintaining certification. Certified brucellosis-free herd 
status will remain in effect for 1 year beginning with the date of 
issuance of the certified brucellosis-free herd certificate. A negative 
herd blood test must be conducted within 10 to 12 months of the last 
certification date for continuous status. Lapsed certification may be 
reinstated if a herd blood test is conducted within 14 months of the 
last certification date. A new recertification test date may be 
established if requested by the owner and if the herd is negative to a 
herd blood test on that date, provided that date is within 1 year of the 
previous certification date. A herd which loses certified brucellosis-
free herd status because a brucellosis reactor is found in the herd may 
be recertified only by repeating the certification process, except that 
certified brucellosis-free herd status may be reinstated without 
repeating the certification process if epidemiological studies and 
bacteriological cultures conducted by an APHIS representative or State 
representative show that the herd was not affected with field strain 
Brucella abortus.
    Class A State or area. A State or area which meets standards for 
classification as a Class A State or area and is certified as such on 
initial classification or on reclassification by the State animal health 
official, the Veterinarian in Charge, and the Administrator. Any 
reclassification will be made in accordance with Sec. 78.40 of this 
part. The following are the standards to attain and maintain Class A 
status.

[[Page 203]]

    (a) Surveillance. (1) Brucellosis ring test. The brucellosis ring 
test shall be conducted in the State or area at least four times per 
year at approximately 90-day intervals. All herds producing milk for 
sale shall be included in at least three of the four brucellosis ring 
tests per year.
    (2) Market Cattle Identification (MCI) program. (i) Coverage. All 
recognized slaughtering establishments in the State or area must 
participate in the MCI program. Blood samples shall be collected from at 
least 95 percent of all cows and bulls 2 years of age or over at each 
recognized slaughtering establishment and subjected to an official test;
    (ii) Brucellosis reactors.
    (A) Tracebacks. At least 90 percent of all brucellosis reactors 
found in the course of MCI testing must be traced to the farm of origin.
    (B) Successfully closed cases. The State or area must successfully 
close at least 95 percent of the MCI reactor cases traced to the farm of 
origin during the 12-consecutive-month period immediately prior to the 
most recent anniversary of the date the State or area was classified 
Class A. To successfully close an MCI reactor case, State 
representatives or APHIS representatives must conduct an epidemiologic 
investigation at the farm of origin within 15 days after notification by 
the cooperative State-Federal laboratory that brucellosis reactors were 
found on the MCI test. Herd blood tests must be conducted or the herd 
must be confined to the premises under quarantine within 30 days after 
notification that brucellosis reactors were found on the MCI test, 
unless a designated epidemiologist determines that:
    (1) The brucellosis reactor is located in a herd in a different 
State than the State where the MCI blood sample was collected. In such 
cases a State representative or APHIS representative must give written 
notice of the MCI test results to the State animal health official in 
the State where the brucellosis reactor is located; or
    (2) Evidence indicates that the brucellosis reactor is from a herd 
that no longer presents a risk of spreading brucellosis, or is from a 
herd that is unlikely to be infected with brucellosis. Such evidence 
could include, but is not limited to, situations where:
    (i) The brucellosis reactor is traced back to a herd that has been 
sold for slaughter in entirety;
    (ii) The brucellosis reactor is traced back to a herd that is 
certified brucellosis free and is 100-percent vaccinated; or
    (iii) The brucellosis reactor showed a low titer in the MCI test and 
is traced back to a dairy herd that is 100 percent vaccinated and has 
tested negative to the most recent brucellosis ring test required by 
this section for herds producing milk for sale.
    (3) Epidemiologic surveillance--(i) Adjacent herds. All adjacent 
herds or other herds having contact with cattle in a herd known to be 
affected shall have an approved individual herd plan in effect within 15 
days of notification of brucellosis in the herd known to be affected; 
(ii) Epidemiologically traced herds. All herds from which cattle are 
moved into a herd known to be affected and all herds which have received 
cattle from a herd known to be affected shall have an approved 
individual herd plan in effect within 15 days of locating the source 
herd or recipient herd. (iii) Each State shall ensure that such approved 
individual herd plans are effectively complied with, as determined by 
the Administrator.
    (b) Herd infection rate--(1) Percentage of herds affected. States or 
areas must not exceed a cattle herd infection rate, based on the number 
of herds found to have brucellosis reactors within the State or area 
during any 12 consecutive months due to field strain Brucella abortus, 
of 0.25 percent or 2.5 herds per 1,000, except in States with 10,000 or 
fewer herds. A special review by the Administrator will be made to 
determine if such small herd population States would qualify for Class A 
status. Locations of herds, sources of brucellosis, and brucellosis 
control measures taken by the State will be considered.
    (2) Epidemiologic investigation. Within 15 days after notification 
by the cooperative State-Federal laboratory that brucellosis reactors 
have been found in any herd, State representatives or APHIS 
representatives shall investigate that herd to identify possible sources 
of brucellosis. All possible

[[Page 204]]

sources of brucellosis identified shall be contacted within an 
additional 15 days to determine appropriate action.
    (3) All herds known to be affected shall have approved individual 
herd plans in effect within 15 days after notification by a State 
representative or APHIS representative of a brucellosis reactor in the 
herd. Each State shall ensure that such approved individual herd plans 
are effectively complied with, as determined by the Administrator.
    Class B State or area. A State or area which meets standards for 
classification as a Class B State or area and is certified as such on 
initial classification or on reclassification by the State animal health 
official, the Veterinarian in Charge, and the Administrator. Any 
reclassification will be made in accordance with Sec. 78.40 of this 
part. The following are the standards to attain and maintain Class B 
status.
    (a) Surveillance--(1) Brucellosis ring test. The brucellosis ring 
test shall be conducted in the State or area at least four times per 
year at approximately 90-day intervals. All herds producing milk for 
sale shall be included in at least three of the four brucellosis ring 
tests per year.
    (2) Market Cattle Identification (MCI) program. (i) Coverage. All 
recognized slaughtering establishments in the State or area must 
participate in the MCI program. Blood samples shall be collected from at 
least 95 percent of all cows and bulls 2 years of age or over at each 
recognized slaughtering establishment and subjected to an official test;
    (ii) Brucellosis reactors.
    (A) Tracebacks. At least 80 percent of all brucellosis reactors 
found in the course of MCI testing must be traced to the farm of origin.
    (B) Successfully closed cases. The State or area must successfully 
close at least 90 percent of the MCI reactor cases traced to the farm of 
origin during the 12-consecutive-month period immediately prior to the 
most recent anniversary of the date the State or area was classified 
Class B. To successfully close an MCI reactor case, State 
representatives or APHIS representatives must conduct an epidemiologic 
investigation at the farm of origin within 30 days after notification by 
the cooperative State-Federal laboratory that brucellosis reactors were 
found on the MCI test. Herd blood tests must be conducted or the herd 
must be confined to the premises under quarantine within 30 days after 
notification that brucellosis reactors were found on the MCI test, 
unless a designated epidemiologist determines that:
    (1) The brucellosis reactor is located in a herd in a different 
State than the State where the MCI blood sample was collected. In such 
cases a State representative or APHIS representative must give written 
notice of the MCI test results to the State animal health official in 
the State where the brucellosis reactor is located; or
    (2) Evidence indicates that the brucellosis reactor is from a herd 
that no longer presents a risk of spreading brucellosis, or is from a 
herd that is unlikely to be infected with brucellosis. Such evidence 
could include, but is not limited to, situations where:
    (i) The brucellosis reactor is traced back to a herd that has been 
sold for slaughter in entirety;
    (ii) The brucellosis reactor is traced back to a herd that is 
certified brucellosis free and is 100-percent vaccinated; or
    (iii) The brucellosis reactor showed a low titer in the MCI test and 
is traced back to a dairy herd that is 100 percent vaccinated and has 
tested negative to the most recent brucellosis ring test required by 
this section for herds producing milk for sale.
    (3) Epidemiologic surveillance. (i) Adjacent herds. All adjacent 
herds or other herds having contact with cattle in a herd known to be 
affected shall have an approved individual herd plan in effect within 45 
days of notification of brucellosis in the herd known to be affected; 
(ii) Epidemiologically traced herds. All herds from which cattle are 
moved into a herd known to be affected and all herds which have received 
cattle from a herd known to be affected shall have an approved 
individual herd plan in effect within 45 days of locating the source 
herd or recipient herd. (iii) Each State shall ensure that such approved 
individual herd plans are effectively complied with, as determined by 
the Administrator.

[[Page 205]]

    (b) Herd infection rate. (1) Percentage of herds affected. States or 
areas must not exceed a cattle herd infection rate, based on the number 
of herds found to have brucellosis reactors within the State or area 
during any 12 consecutive months due to field strain Brucella abortus, 
of 1.5 percent or 15 herds per 1,000, except in States with 1,000 or 
fewer herds. A special review by the Administrator will be made to 
determine if such small herd population States would qualify for Class B 
status. Locations of herds, sources of brucellosis, and brucellosis 
control measures taken by the State will be considered.
    (2) Epidemiologic investigation. Within 45 days after notification 
by the cooperative State-Federal laboratory that brucellosis reactors 
have been found in any herd, State representatives or APHIS 
representatives shall investigate that herd to identify possible sources 
of brucellosis. All possible sources of brucellosis identified shall be 
contacted within an additional 30 days to determine appropriate action.
    (3) All herds known to be affected shall have approved individual 
herd plans in effect within 45 days after notification by a State 
representative or APHIS representative of a brucellosis reactor in the 
herd. Each State shall ensure that such approved individual herd plans 
are effectively complied with, as determined by the Administrator.
    Class C State or area. A State or area which meets standards for 
classification as a Class C State or area and is certified as such on 
initial classification or on reclassification by the State animal health 
official, the Veterinarian in Charge, and the Administrator. Any 
reclassification will be made in accordance with Sec. 78.40 of this 
part. The following are the standards to attain and maintain Class C 
status.
    (a) Surveillance--(1) Brucellosis ring test. The brucellosis ring 
test shall be conducted in the State or area at least four times per 
year at approximately 90-day intervals. All herds producing milk for 
sale shall be included in at least three of the four brucellosis ring 
tests per year.
    (2) Market Cattle Identification (MCI) program. (i) Coverage. All 
recognized slaughtering establishments in the State or area must 
participate in the MCI program. Blood samples shall be collected from at 
least 95 percent of all cows and bulls 2 years of age or over at each 
recognized slaughtering establishment and subjected to an official test;
    (ii) Brucellosis reactors.
    (A) Tracebacks. At least 80 percent of all brucellosis reactors 
found in the course of MCI testing must be traced to the farm of origin.
    (B) Successfully closed cases. The State or area must successfully 
close at least 90 percent of the MCI reactor cases traced to the farm of 
origin during the 12-consecutive-month period immediately prior to the 
most recent anniversary of the date the State or area was classified 
Class C. To successfully close an MCI reactor case, State 
representatives or APHIS representatives must conduct an epidemiologic 
investigation at the farm of origin within 30 days after notification by 
the cooperative State-Federal laboratory that brucellosis reactors were 
found on the MCI test. Herd blood tests must be conducted or the herd 
must be confined to the premises under quarantine within 30 days after 
notification that brucellosis reactors were found on the MCI test, 
unless a designated epidemiologist determines that:
    (1) The brucellosis reactor is located in a herd in a different 
State than the State where the MCI blood sample was collected. In such 
cases a State representative or APHIS representative must give written 
notice of the MCI test results to the State animal health official in 
the State where the brucellosis reactor is located; or
    (2) Evidence indicates that the brucellosis reactor is from a herd 
that no longer presents a risk of spreading brucellosis, or is from a 
herd that is unlikely to be infected with brucellosis. Such evidence 
could include, but is not limited to, situations where:
    (i) The brucellosis reactor is traced back to a herd that has been 
sold for slaughter in entirety;
    (ii) The brucellosis reactor is traced back to a herd that is 
certified brucellosis free and is 100-percent vaccinated; or
    (iii) The brucellosis reactor showed a low titer in the MCI test and 
is traced back to a dairy herd that is 100 percent

[[Page 206]]

vaccinated and has tested negative to the most recent brucellosis ring 
test required by this section for herds producing milk for sale.
    (3) Epidemiologic surveillance. (i) Adjacent herds. All adjacent 
herds or other herds having contact with cattle in a herd known to be 
affected shall have an approved individual herd plan in effect within 45 
days of notification of brucellosis in the herd known to be affected; 
(ii) Epidemiologically traced herds. All herds from which cattle are 
moved into a herd known to be affected and all herds which have received 
cattle from a herd known to be affected shall have an approved 
individual herd plan in effect within 45 days of locating the source 
herd or recipient herd. (iii) Each State shall ensure that such approved 
individual herd plans are effectively complied with, as determined by 
the Administrator.
    (b) Herd infection rate. (1) Percentage of herds affected. States or 
areas exceed a cattle herd infection rate, based on the number of herds 
found to have brucellosis reactors within the State or area during any 
12 consecutive months due to field strain Brucella abortus, of 1.5 
percent or 15 herds per 1,000, except in States with 1,000 or fewer 
herds. A special review by the Administrator will be made to determine 
if such small herd population States should be classified as a Class C 
State. Locations of herds, sources of brucellosis, and brucellosis 
control measures taken by the State will be considered.
    (2) Epidemiologic investigation. Within 45 days after notification 
by the cooperative State-Federal laboratory that brucellosis reactors 
have been found in any herd, State representatives or APHIS 
representatives shall investigate that herd to identify possible sources 
of brucellosis. All possible sources of brucellosis identified shall be 
contacted within an additional 30 days to determine appropriate action.
    (3) All herds known to be affected shall have approved individual 
herd plans in effect within 45 days after notification by a State 
representative or APHIS representative of a brucellosis reactor in the 
herd. Each State shall ensure that such approved individual herd plans 
are effectively complied with, as determined by the Administrator.
    (c) Compliance with minimum procedural standards.
    (1) A State must implement and maintain minimum procedural 
standards.
    (2) A State or area must make continued progress over a 2-year 
period in reducing the prevalence of brucellosis as determined by 
epidemiologic evaluation or it will be placed under Federal quarantine.
    Class Free State or area. A State or area which meets standards for 
classification as a Class Free State or area and is certified as such on 
initial classification or on reclassification by the State animal health 
official, the Veterinarian in Charge, and the Administrator. Any 
reclassification will be made in accordance with Sec. 78.40 of this 
part. All cattle herds in the State or area in which brucellosis has 
been known to exist must be released from any State or Federal 
brucellosis quarantine prior to classification. In addition, if any 
herds of other species of domestic livestock have been found to be 
affected with brucellosis, they must be subjected to an official test 
and found negative, slaughtered, or quarantined so that no known foci of 
brucellosis in any species of domestic livestock are left uncontrolled. 
The following are the standards to attain and maintain Class Free 
status.
    (a) Surveillance. (1) Brucellosis ring test. The State or area shall 
conduct as many brucellosis ring tests per year as are necessary to 
ensure that all herds producing milk for sale are tested at least twice 
per year at approximately 6-month intervals.
    (2) Market Cattle Identification (MCI) program. (i) Coverage. All 
recognized slaughtering establishments in the State or area must 
participate in the MCI program. Blood samples shall be collected from at 
least 95 percent of all cows and bulls 2 years of age or over at each 
recognized slaughtering establishment and subjected to an official test;
    (ii) Brucellosis reactors.
    (A) Tracebacks. At least 90 percent of all brucellosis reactors 
found in the course of MCI testing must be traced to the farm of origin.

[[Page 207]]

    (B) Successfully closed cases. The State or area must successfully 
close at least 95 percent of the MCI reactor cases traced to the farm of 
origin during the 12-consecutive-month period immediately prior to the 
most recent anniversary of the date the State or area was classified 
Class Free. To successfully close an MCI reactor case, State 
representatives or APHIS representatives must conduct an epidemiologic 
investigation at the farm of origin within 15 days after notification by 
the cooperative State-Federal laboratory that brucellosis reactors were 
found on the MCI test. Herd blood tests must be conducted or the herd 
must be confined to the premises under quarantine within 30 days after 
notification that brucellosis reactors were found on the MCI test, 
unless a designated epidemiologist determines that:
    (1) The brucellosis reactor is located in a herd in a different 
State than the State where the MCI blood sample was collected. In such 
cases a State representative or APHIS representative must give written 
notice of the MCI test results to the State animal health official in 
the State where the brucellosis reactor is located; or
    (2) Evidence indicates that the brucellosis reactor is from a herd 
that no longer presents a risk of spreading brucellosis, or is from a 
herd that is unlikely to be infected with brucellosis. Such evidence 
could include, but is not limited to, situations where:
    (i) The brucellosis reactor is traced back to a herd that has been 
sold for slaughter in entirety;
    (ii) The brucellosis reactor is traced back to a herd that is 
certified brucellosis free and is 100-percent vaccinated; or
    (iii) The brucellosis reactor showed a low titer in the MCI test and 
is traced back to a dairy herd that is 100 percent vaccinated and has 
tested negative to the most recent brucellosis ring test required by 
this section for herds producing milk for sale.
    (3) Epidemiologic surveillance. (i) Adjacent herds. All adjacent 
herds or other herds having contact with cattle in a herd known to be 
affected shall be placed under quarantine and have an approved 
individual herd plan in effect within 15 days after notification of 
brucellosis in the herd known to be affected; (ii) Epidemiologically 
traced herds. All herds from which cattle are moved into a herd known to 
be affected and all herds which have received cattle from a herd known 
to be affected shall be placed under quarantine and have an approved 
individual herd plan in effect within 15 days of locating the source 
herd or recipient herd. (iii) Each State shall ensure that such approved 
individual herd plans are effectively complied with, as determined by 
the Administrator.
    (b) Herd infection rate. (1) Percentage of herds affected. All 
cattle herds in the State or area must remain free of field strain 
Brucella abortus for 12 consecutive months. States or areas must have a 
cattle herd infection rate, based on the number of herds found to have 
brucellosis reactors within the State or area during any 12 consecutive 
months due to field strain Brucella abortus of 0.0 percent or 0 herds 
per 1,000.
    (2) Epidemiologic investigation. Within 15 days after notification 
by the cooperative State-Federal laboratory that brucellosis reactors 
have been found in any herd, State representatives or APHIS 
representatives shall investigate that herd to identify possible sources 
of brucellosis. All possible sources of brucellosis identified shall be 
contacted within an additional 15 days to determine appropriate action.
    (3) All herds known to be affected shall have approved individual 
herd plans in effect within 15 days after notification by a State 
representative or APHIS representative of a brucellosis reactor in the 
herd. Each State shall ensure that such approved individual herd plans 
are effectively complied with, as determined by the Administrator.
    Complete herd test (CHT). An official swine brucellosis test of all 
swine on a premises that are 6 months of age or older and maintained for 
breeding purposes.
    Confirmatory test. A follow-up test to verify any official test 
results. Confirmatory tests include the standard tube test, the Rivanol 
test, the complement fixation test (CF), the particle concentration 
fluorescence immunoassay (PCFIA), the semen plasma test, and the 
standard plate test.

[[Page 208]]

    Dairy cattle. A bovine animal of a recognized dairy breed.
    Designated epidemiologist. An epidemiologist selected by the State 
animal health official and the Veterinarian in Charge to perform the 
functions required. The regional epidemiologist and the APHIS 
brucellosis staff must concur in the selection and appointment of the 
designated epidemiologist.
    Directly. Without unloading en route if moved in a means of 
conveyance, or without stopping if moved in any other manner.
    Epidemiologist. A veterinarian who has received a master's degree in 
epidemiology or completed a course of study in epidemiology sponsored by 
the Animal and Plant Health Inspection Service, United States Department 
of Agriculture.
    Epidemiology. A branch of medical science that deals with the 
incidence, distribution, and control of disease in the animal 
population.
    Farm of origin. (a) Premises where cattle or bison are born and 
remain prior to movement from the premises but which are not used to 
assemble cattle or bison from any other premises for 4 months before 
such movement; or (b) premises where cattle or bison remain for not less 
than 4 months immediately before movement from the premises but which 
are not used to assemble cattle or bison from any other premises for 4 
months before such movement.
    Feral swine. Free-roaming swine. Formerly free-roaming swine could 
qualify for reclassification as domestic swine upon testing negative to 
an official swine brucellosis test after a period of at least 60 days' 
confinement in isolation from other feral swine.
    Finished fed cattle. Cattle fattened on a ration of feed 
concentrates to reach a slaughter condition equivalent to that which 
would be attained on full feed with a high concentrate grain ration for 
90 days.
    Herd. (a) All animals under common ownership or supervision that are 
grouped on one or more parts of any single premises (lot, farm or 
ranch); or (b) All animals under common ownership or supervision on two 
or more premises which are geographically separated but on which animals 
from the different premises have been interchanged or had contact with 
each other.
    Herd blood test. (a) Cattle and bison. A blood test for brucellosis 
conducted in a herd on all cattle or bison which are (1) 6 months of age 
or over and not official vaccinates, except steers and spayed heifers; 
(2) Official calfhood vaccinates of any age which are parturient or 
postparturient; (3) Official calfhood vaccinates of beef breeds or bison 
with the first pair of permanent incisors fully erupted (2 years of age 
or over); and (4) Official calfhood vaccinates of dairy breeds with 
partial eruption of the first pair of permanent incisors (20 months of 
age or over).
    (b) [Reserved]
    Herd known to be affected. Any herd in which any animal has been 
classified as a brucellosis reactor and which has not been released from 
quarantine.
    Herd not known to be affected. Any herd in which no animal has been 
classified as a brucellosis reactor or any herd in which one or more 
animals have been classified as brucellosis reactors but which has been 
released from quarantine.
    Herd of origin of swine. Any herd in which swine are farrowed and 
remain until movement or any herd in which swine remain for 30 days 
immediately prior to movement.
    Interstate. From any State into or through any other State.
    Market cattle identification test cattle. Cows and bulls 2 years of 
age or over which have been moved to recognized slaughtering 
establishments, and test-eligible cattle which are subjected to an 
official test for the purposes of movement at farms, ranches, auction 
markets, stockyards, quarantined feedlots, or other assembly points. 
Such cattle shall be identified by an official eartag and/or United 
States Department of Agriculture backtag prior to or at the first 
market, stockyard, quarantined feedlot, or slaughtering establishment 
they reach.
    Market swine test (MST) reactor. Market swine test swine with a 
positive reaction to a swine brucellosis confirmatory test or other 
official test, if no confirmatory test is performed.
    Market swine test swine. Sows and boars which have been moved to

[[Page 209]]

slaughtering establishments and sows and boars which are subjected to an 
official test for the purposes of movement at farms, ranches, auction 
markets, stockyards, or other assembly points.
    Monitored-negative feral swine population. Feral swine indicating no 
evidence of infection (indicators would include positive blood tests or 
clinical signs, such as abortion) and originating from a specified, 
geographically isolated area (a forest area, hunting preserve, or swamp, 
for example) may be classified by the designated epidemiologist as a 
monitored-negative feral swine population.
    Moved. Shipped, transported, delivered, or received for movement, or 
otherwise aided, induced, or caused to be moved.
    Moved (movement) in interstate commerce. Moved from the point of 
origin of the interstate movement to the animals' final destination, 
such as a slaughtering establishment or a farm for breeding or raising, 
and including any temporary stops for any purpose along the way, such as 
at a stockyard or dealer premises for feed, water, rest, or sale.
    Official adult vaccinate. (a) Female cattle or female bison older 
than the specified ages defined for official calfhood vaccinate and 
vaccinated by an APHIS representative, State representative, or 
accredited veterinarian with a reduced dose approved brucella vaccine, 
diluted so as to contain at least 300 million and not more than 1 
billion live cells per 2 mL dose of Brucella abortus Strain 19 vaccine 
or at the dosage indicated on the label instructions for other approved 
brucella vaccines, as part of a whole herd vaccination plan authorized 
jointly by the State animal health official and the Veterinarian in 
Charge; and
    (b)(1) Permanently identified by a ``V'' hot brand high on the hip 
near the tailhead at least 5 by 5 centimeters (2 by 2 inches) in size, 
or by an official AV (adult vaccination) tattoo in the right ear 
preceded by the quarter of the year and followed by the last digit of 
the year; and (2) Identified with an official eartag or individual 
animal registered breed association registration brand or individual 
animal registered breed association tattoo.
    Official brand inspection certificate. A document issued by an 
official brand inspection agency in any State which requires such 
documents for movement of cattle.
    Official brand recording agency. The duly constituted body 
authorized by a State or governmental subdivision thereof to administer 
laws, regulations, ordinances or rules pertaining to the brand 
identification of cattle.
    Official calfhood vaccinate. (a) Female cattle or female bison 
vaccinated while from 4 through 12 months of age by an APHIS 
representative, State representative, or accredited veterinarian with a 
reduced dose approved brucella vaccine containing at least 2.7 billion 
and not more than 10 billion live cells per 2 mL dose of Brucella 
abortus Strain 19 vaccine or at the dosage indicated on the label 
instructions for other approved brucella vaccines; and
    (b) Permanently identified by a tattoo and by an official 
vaccination eartag in the right ear. However, if already identified with 
an official eartag prior to vaccination, an additional tag is not 
required. The tattoo must include the U.S. Registered Shield and ``V,'' 
preceded by the quarter of the year and followed by the last digit of 
the year of vaccination. Individual animal registered breed association 
registration brands or individual animal registered breed association 
registration tattoos may be substituted for official eartags.
    Official eartag. An identification eartag approved by APHIS as being 
tamper-resistant and providing unique identification for each animal. An 
official eartag may conform to the alpha-numeric National Uniform 
Eartagging System, or it may bear a valid premises identification number 
that is used in conjunction with the producer's livestock production 
numbering system to provide a unique identification number.
    Official seal. A serially numbered, metal or plastic strip, 
consisting of a self-locking device on one end and a slot on the other 
end, which forms a loop when the ends are engaged and which cannot be 
reused if opened, or a

[[Page 210]]

serially numbered, self-locking button which can be used for this 
purpose.
    Official swine tattoo. A tattoo, conforming to the six-character 
alpha-numeric National Tattoo System, that provides a unique 
identification for each herd or lot of swine.
    Official test.
    (a) Classification of cattle and bison. (1) Standard card test. (i) 
A test to determine the brucellosis disease status of test-eligible 
cattle and bison when conducted according to instructions approved by 
APHIS and the State in which the test is to be conducted and when 
conducted under the following circumstances:
    (A) When conditions and time are such that no other test is 
available; or
    (B) When the owner or the owner's agent requests it because of time 
or situation constraints; or
    (C) In specifically approved stockyards when the State animal health 
official either:
    (1) Designates the standard card test as the official test for 
determining the brucellosis disease status of cattle and bison in all 
specifically approved stockyards in the State. In these States, no other 
official test except the Buffered Acidified Plate Antigen test shall be 
used in specifically approved stockyards; or
    (2) Designates the standard card test as the official test for 
determining the brucellosis disease status of non-vaccinated cattle or 
bison (the CITE test may be designated as a supplemental test 
for non-vaccinated cattle or bison that test positive to the standard 
card test); and designates the standard card test as the official test 
for determining the brucellosis disease status of official vaccinates 
and the CITE test, the standard plate test, or the Rivanol 
test as supplemental tests for official vaccinates that test positive to 
the standard card test. If supplemental tests are conducted, cattle or 
bison that are positive to the standard card test shall be classified as 
brucellosis suspects if all of the supplemental tests conducted disclose 
a negative or suspect reaction, and shall be classified as brucellosis 
reactors if any one of the supplemental tests conducted has a positive 
reaction; or
    (D) To test market cattle identification (MCI) program test samples. 
Cattle and bison which test positive to the BAPA test or RST under the 
MCI program must be retested using the standard card test or the 
standard plate or tube agglutination test.
    (ii) Results of the standard card test also may be used to 
supplement the results of other official tests conducted in the 
cooperative State-Federal laboratory to give the designated 
epidemiologist additional information when classifying cattle and bison.
    (iii) Standard card test results are interpreted as either negative 
or positive. A moderate to marked clumping agglutination reaction is a 
positive result. Test-eligible cattle and bison positive to the standard 
card test are classified as brucellosis reactors. Test-eligible cattle 
and bison negative to the standard card test are classified as 
brucellosis negative.
    (2) Standard tube test (STT) or standard plate test (SPT). A test to 
determine the brucellosis disease status of test-eligible cattle and 
bison when conducted according to instructions approved by APHIS and the 
State in which the test is to be conducted. Cattle and bison are 
classified according to the following agglutination reactions:

  SPT OR STT Classification--Official Vaccinates Vaccinated With a Brucella Abortus Strain 19 Approved Brucella 
                                                     Vaccine                                                    
----------------------------------------------------------------------------------------------------------------
                             Titer                                               Classification                 
----------------------------------------------------------------------------------------------------------------
                 1:50                           1:100                    1:200                                  
----------------------------------------------------------------------------------------------------------------
--...................................  --.....................  --.....................  Negative.              
I....................................  --.....................  --.....................      Do.                
+....................................  --.....................  --.....................      Do.                
+....................................  I......................  --.....................  Suspect.               
+....................................  +......................  --.....................      Do.                
+....................................  +......................  I......................      Do.                
+....................................  +......................  +......................  Reactor.               
----------------------------------------------------------------------------------------------------------------
-- No agglutination.                                                                                            
I Incomplete agglutination.                                                                                     
+ Complete agglutination.                                                                                       


    Official Vaccinates Vaccinated With an Approved Brucella Vaccine Other Than a Brucella Abortus Strain 19    
                                            Approved Brucella Vaccine                                           
----------------------------------------------------------------------------------------------------------------
                                         Titer                                                                  
----------------------------------------------------------------------------------------      Classification    
                 1:50                           1:100                    1:200                                  
----------------------------------------------------------------------------------------------------------------
--...................................  --.....................  --.....................  Negative.              
I....................................  --.....................  --.....................  Suspect.               
+....................................  --.....................  --.....................      Do.                

[[Page 211]]

                                                                                                                
+....................................  I......................  --.....................      Do.                
+....................................  +......................  --.....................  Reactor.               
+....................................  +......................  I......................      Do.                
+....................................  +......................  +......................      Do.                
----------------------------------------------------------------------------------------------------------------
-- No agglutination.                                                                                            
I Incomplete agglutination.                                                                                     
+ Complete agglutination.                                                                                       


                             All Cattle and Bison Which Are Not Official Vaccinates                             
----------------------------------------------------------------------------------------------------------------
                             Titer                                               Classification                 
----------------------------------------------------------------------------------------------------------------
                 1:50                           1:100                    1:200                                  
----------------------------------------------------------------------------------------------------------------
--...................................  --.....................  --.....................  Negative.              
I....................................  --.....................  --.....................  Suspect.               
+....................................  --.....................  --.....................      Do.                
+....................................  I......................  --.....................      Do.                
+....................................  +......................  --.....................  Reactor.               
+....................................  +......................  I......................      Do.                
+....................................  +......................  +......................      Do.                
----------------------------------------------------------------------------------------------------------------
-- No agglutination.                                                                                            
I Incomplete agglutination.                                                                                     
+ Complete agglutination.                                                                                       

    (3) Manual complement-fixation (CF) test. A test to determine the 
brucellosis disease status of test-eligible cattle and bison when 
conducted according to instructions approved by APHIS and the State in 
which the test is to be conducted. Cattle and bison are classified 
according to the following reactions:
    (i) Cattle and bison which are not official vaccinates:
    (A) Fifty percent fixation (2 plus) in a dilution of 1:20 or 
higher--brucellosis reactor;
    (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less 
than 50 percent fixation (2 plus) in a dilution of 1:20--brucellosis 
suspect;
    (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10--
brucellosis negative;
    (ii) Official vaccinates vaccinated with a Brucella abortus Strain 
19 approved brucella vaccine:
    (A) Twenty-five percent fixation (1 plus) in a dilution of 1:40 or 
higher--brucellosis reactor;
    (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less 
than 25 percent fixation (1 plus) in a dilution of 1:40--brucellosis 
suspect;
    (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10--
brucellosis negative.
    (iii) Official vaccinates vaccinated with an approved brucella 
vaccine other than a Brucella abortus Strain 19 approved brucella 
vaccine:
    (A) Fifty percent fixation (2 plus) in a dilution of 1:20 or 
higher--brucellosis reactor;
    (B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less 
than 50 percent fixation (2 plus) in a dilution of 1:20--brucellosis 
suspect;
    (C) Less than 50 percent fixation (2 plus) in a dilution of 1:10--
brucellosis negative.
    (4) Technicon automated complement-fixation test. A test to 
determine the brucellosis disease status of test-eligible cattle and 
bison when conducted according to instructions approved by APHIS and the 
State in which the test is to be conducted. Cattle and bison are 
classified according to the following reactions:
    (i) Cattle and bison which are not official vaccinates:
    (A) Fixation in a dilution of 1:10 or higher--brucellosis reactor;
    (B) Fixation in a dilution of 1:5 but no fixation in a dilution of 
1:10--brucellosis suspect;
    (C) No fixation in a dilution of 1:5 or lower--brucellosis negative;
    (ii) Official vaccinates vaccinated with a Brucella abortus Strain 
19 approved brucella vaccine:
    (A) Fixation in a dilution of 1:20 or higher--brucellosis reactor;
    (B) Fixation in a dilution of 1:10 but no fixation in a dilution of 
1:20--brucellosis suspect;
    (C) Fixation in a dilution of 1:5 or less but no fixation in a 
dilution of 1:10--brucellosis negative.
    (iii) Official vaccinates vaccinated with an approved brucella 
vaccine other than a Brucella abortus Strain 19 approved brucella 
vaccine:
    (A) Fixation in a dilution of 1:10 or higher--brucellosis reactor;
    (B) Fixation in a dilution of 1:5 but no fixation in a dilution of 
1:10-- brucellosis suspect;
    (C) No fixation in a dilution of 1:5 or lower--brucellosis negative.

[[Page 212]]

    (5) Rivanol test. A test to determine the brucellosis disease status 
of test-eligible cattle and bison when conducted according to 
instructions approved by APHIS and the State in which the test is to be 
conducted. Cattle and bison are classified according to the following 
agglutination reactions:
    (i) Cattle and bison which are not official vaccinates:
    (A) Complete agglutination at a titer of 1:25 or higher--brucellosis 
reactor;
    (B) Less than complete agglutination at a titer of 1:25--brucellosis 
negative;
    (ii) Official adult vaccinates more than 5 months after vaccination 
with a Brucella abortus Strain 19 approved brucella vaccine and official 
calfhood vaccinates vaccinated with a Brucella abortus Strain 19 
approved brucella vaccine:
    (A) Incomplete agglutination at a titer of 1:100 or higher--
brucellosis reactor;
    (B) Complete agglutination at a titer of 1:25 or higher when the 
manual or technicon automated complement-fixation test is not 
conducted--brucellosis reactor;
    (C) Complete agglutination at a titer of 1:50 or less when the 
manual complement-fixation test or the technicon automated complement-
fixation test is conducted and results in a classification of 
brucellosis suspect or brucellosis negative--brucellosis suspect;
    (D) Less than complete agglutination at a titer of 1:25--brucellosis 
negative;
    (iii) Official adult vaccinates less than 5 months after vaccination 
with a Brucella abortus Strain 19 approved brucella vaccine: Less than 
complete agglutination at the 1:50 titer--brucellosis negative.
    (iv) Official vaccinates vaccinated with an approved brucella 
vaccine other than a Brucella abortus Strain 19 approved brucella 
vaccine:
    (A) Complete agglutination at a titer of 1:25 or higher--brucellosis 
reactor;
    (B) Less than complete agglutination at a titer of 1:25--brucellosis 
negative.
    (6) Semen plasma test. A test to determine the brucellosis disease 
status of bulls used for artificial insemination when conducted in 
conjunction with an official serological test and according to 
instructions approved by APHIS and the State in which the test is to be 
conducted. The classification of such bulls shall be based on the 
maximum agglutination titer of either the official serological test or 
the semen plasma test.
    (7) Buffered acidified plate antigen (BAPA) test. A test to 
determine the brucellosis disease status of test-eligible cattle and 
bison at recognized slaughtering establishments and specifically 
approved stockyards when conducted according to instructions approved by 
APHIS and the State in which the test is to be conducted. BAPA test 
results are interpreted as either negative or positive. Cattle and bison 
negative to the BAPA test are classified as brucellosis negative. Cattle 
and bison positive to the BAPA test shall be subjected to other official 
tests to determine their brucellosis classification.
    (8) Rapid screening test (RST). A test to determine the brucellosis 
disease status of test-eligible cattle and bison in cooperative State-
Federal laboratories when conducted according to instructions approved 
by APHIS and the State in which the test is to be conducted. RST results 
are interpreted as either negative or positive. Cattle and bison 
negative to the RST are classified as brucellosis negative. Cattle and 
bison positive to the RST shall be subjected to other official tests to 
determine their brucellosis classification.
    (9) Concentration immunoassay technology (CITE) test. An 
enzyme immunoassay that may be used as a diagnostic supplement to the 
standard card test by designated epidemiologists determining the 
brucellosis disease status of cattle and bison. The test must be done in 
accordance with the CITE Brucella abortus Antibody Test Kit 
instructions, licensed by the United States Department of Agriculture 
and approved as of December 31, 1987, and incorporated by reference. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from AgriTech Systems, Inc., 100 Fore Street, 
Portland, ME 04101. Copies may be inspected at the Animal and Plant 
Health Inspection Service,

[[Page 213]]

Veterinary Services, Operational Support, 4700 River Road Unit 33, 
Riverdale, Maryland 20737-1231, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (10) Particle concentration fluorescence immunoassay (PCFIA) test. 
An automated serologic test to determine the brucellosis disease status 
of test-eligible cattle and bison when conducted according to 
instructions approved by APHIS. Cattle and bison are classified 
according to the following ratio between the test sample and a known 
negative sample (S/N ratio):

                                                                        
------------------------------------------------------------------------
               S/N ratio                          Classification        
------------------------------------------------------------------------
Greater than .60.......................  Negative.                      
Greater than .30 but less than or equal  Suspect.                       
 to .60.                                                                
.30 or less............................  Positive.                      
------------------------------------------------------------------------

    (11) D-Tec Brucella A test. An automated serologic test 
to determine the brucellosis disease status of test-eligible cattle and 
bison when conducted according to instructions approved by APHIS. The 
degree of reactivity is measured by the ratio of the average optical 
density of the sample to that of the Negative Control (S/N) and is 
expressed as Percent Inhibition (1-S/N)  x  100. The brucellosis disease 
status of the animals is classified according to the following 
established criteria:

                                                                        
------------------------------------------------------------------------
           Percent inhibition                     Classification        
------------------------------------------------------------------------
Less than or equal to 40 percent........  Negative.                     
Greater than 40 percent and less than or  Suspect.                      
 equal to 70 percent.                                                   
Greater than 70 percent.................  Reactor.                      
------------------------------------------------------------------------

    (12) Rapid Automated Presumptive (RAP) test. An automated serologic 
test to detect the presence of Brucella antibodies in test-eligible 
cattle and bison. RAP test results are interpreted as either positive or 
negative; the results are interpreted and reported by a scanning 
autoreader that measures alterations in light transmission through each 
test well and the degree of agglutination present. Cattle and bison 
negative to the RAP test are classified as brucellosis negative; cattle 
and bison positive to the RAP test shall be subjected to other official 
tests to determine their brucellosis disease classification.
    (13) The evaluation of test results for all cattle and bison shall 
be the responsibility of a designated epidemiologist in each State. The 
designated epidemiologist shall consider the animal and herd history and 
other epidemiologic factors when determining the brucellosis 
classification of cattle and bison. Deviations from the brucellosis 
classification criteria as provided in this definition of official test 
are acceptable when made by the designated epidemiologist.
    (i) The designated epidemiologist may consider the results of 
CITE tests when evaluating the results of standard card 
tests of cattle and bison.
    (b) Classification of swine--(1) Standard card test. A test to 
determine the brucellosis disease status of swine. Standard card test 
results are interpreted as either negative or positive. A moderate to 
marked clumping agglutination reaction is a positive result. Swine 
negative to the standard card test are classified as brucellosis 
negative. Swine positive to the standard card test in a herd not known 
to be affected but negative to any other official test or 
bacteriological culture for brucella are classified as brucellosis 
suspects. Other swine positive to the standard card test are classified 
as brucellosis reactors.
    (2) Standard tube test. A test to determine the brucellosis disease 
status of swine.
    (i) If all of the following apply: (A) The swine are part of a herd 
not known to be affected; (B) No swine tested, individually or as part 
of a group, has a complete agglutination reaction at a dilution of 1:100 
or higher; and (C) the swine are tested as part of a herd blood test or 
are part of a validated brucellosis-free herd, then the swine are 
classified according to the following agglutination reactions:

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                             Titer                                               Classification                 
----------------------------------------------------------------------------------------------------------------
                 1:25                            1:50                    1:100                                  
----------------------------------------------------------------------------------------------------------------
I....................................  ]--....................  --.....................  Negative.              
+....................................  --.....................  --.....................      Do.                
+....................................  I......................  --.....................      Do.                
+....................................  +......................  --.....................      Do.                
+....................................  +......................  I......................      Do.                
----------------------------------------------------------------------------------------------------------------
-- No agglutination.                                                                                            
I Incomplete agglutination.                                                                                     
+ Complete agglutination.                                                                                       

[[Page 214]]

                                                                                                                

    (ii) If any of the following apply: (A) The swine are part of a herd 
known to be affected; (B) Any swine tested, individually or as part of a 
group, has a complete agglutination reaction at a dilution of 1:100 or 
higher or; (C) The swine are not part of a validated brucellosis-free 
herd and are not being tested as part of a herd blood test, then the 
swine are classified according to the following agglutination reactions:

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                             Titer                                               Classification                 
----------------------------------------------------------------------------------------------------------------
                 1:25                            1:50                    1:100                                  
----------------------------------------------------------------------------------------------------------------
I....................................  --.....................  --.....................  Negative.              
+....................................  --.....................  --.....................  Reactor.               
+....................................  I......................  --.....................      Do.                
+....................................  +......................  --.....................      Do.                
+....................................  +......................  I......................      Do.                
+....................................  +......................  +......................      Do.                
----------------------------------------------------------------------------------------------------------------
-- No agglutination.                                                                                            
I Incomplete agglutination.                                                                                     
+ Complete agglutination.                                                                                       

    (3) Particle concentration fluoresence immunoassay (PCFIA). An 
automated serologic test to determine the brucellosis disease status of 
test-eligible swine when conducted according to instructions approved by 
the Animal and Plant Health Inspection Service. Swine are classified 
according to the following ratios between the test sample and a known 
negative sample (S/N ratio):

                                                                        
------------------------------------------------------------------------
                 S/N Ratio                         Classification       
------------------------------------------------------------------------
0.71 or greater...........................  Negative.                   
0.51 to 0.70..............................  Suspect.                    
0.50 or less..............................  Reactor.                    
------------------------------------------------------------------------

    (4) Rapid Automated Presumptive (RAP) test. An automated serologic 
test to detect the presence of Brucella antibodies in test-eligible 
swine. RAP test results are interpreted as either positive or negative; 
the results are interpreted and reported by a scanning autoreader that 
measures agglutination based on alterations in light transmission 
through each test well. Swine negative to the RAP test are classified as 
brucellosis negative; swine positive to the RAP test shall be subjected 
to other official tests to determine their brucellosis disease 
classification.
    Official vaccinate. An official calfhood vaccinate or an official 
adult vaccinate. The accredited veterinarian, State representative or 
APHIS representative who performs the vaccination must forward a 
completed official vaccination certificate for each animal vaccinated to 
the State animal health official of the State in which the animal was 
vaccinated.
    Official vaccination eartag. An APHIS approved identification eartag 
conforming to the alpha-numeric National Uniform Eartagging System which 
provides unique identification for each animal. The eartag shall have a 
``V'' followed by 2 letters and 4 numbers. States which require more 
official vaccination eartags than the number of combinations available 
in the ``V'' series of tags shall use a ``T'' or ``S'' followed by 2 
letters and 4 numbers. Duplicate reissue of official vaccination eartags 
shall not be made more often than once each 15 years.
    Originate. (a) Animals will have the status of the herd from which 
they are moved if:
    (1) They were born and maintained in the herd since birth; or
    (2) They have been in the herd for at least 120 days.
    (b) Animals will have the status of the State or area from which 
they are moved if:
    (1) They were born and maintained in the State or area since birth; 
or
    (2) They were previously moved from a State or area of equal or 
higher class to the State or area; or
    (3) They were previously moved from a State or area of lower class 
to the State or area where they are now located and have been in the new 
State or area for at least 120 days.
    (c) Cattle penned in a specifically approved stockyard with cattle 
from a lower class State or area, in violation of the requirements set 
forth in Sec. 71.20 of this chapter, shall have the status of the State 
or area of lower class for any subsequent movement.
    Parturient. Visibly prepared to give birth or within 2 weeks of 
giving birth (springers).
    Permit. An official document (VS Form 1-27 or a State form which 
contains the same information but not a ``permit for entry'' or `` `S' 
brand permit'') issued by an APHIS representative, State representative, 
or accredited veterinarian which lists the owner's name and address, 
points of origin and destination, number of animals

[[Page 215]]

covered, purpose of the movement, any reactor tag number, and one of the 
following: The official eartag number, individual animal registered 
breed association registration tattoo, individual animal registered 
breed association registration brand, United States Department of 
Agriculture backtag (when applied serially, only the beginning and the 
ending numbers need be recorded), individual animal registered breed 
association registration number, or similar individual identification. 
(A new permit is required for each change in destination. However, 
permits accompanying cattle or bison to an approved intermediate 
handling facility may list either the approved intermediate handling 
facility, a quarantined feedlot or a recognized slaughtering 
establishment as the point of destination. If the permit lists a 
quarantined feedlot or a recognized slaughtering establishment as the 
point of destination, then the permit must list the approved 
intermediate handling facility as a temporary stopping point, and no 
additional permit is required for the subsequent movement of the cattle 
or bison to the quarantined feedlot or to the recognized slaughtering 
establishment.)
    Permit for entry. A premovement authorization for entry of cattle 
into a State from the State animal health official of the State of 
destination. It may be oral or written.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company or other legal entity.
    Postparturient. Having given birth.
    Purebred registry association. A swine breed association formed and 
perpetuated for the maintenance of records of purebreeding of swine 
species for a specific breed whose characteristics are set forth in 
Constitutions, By-Laws, and other rules of the association.
    Qualified herd. (a) Qualification. (1) Any herd of cattle or bison 
which is in a quarantined area, not known to be affected, and negative 
to two consecutive herd blood tests. The first of these two herd blood 
tests shall be conducted not more than 240 days nor less than 120 days 
prior to the date of classification as a qualified herd. The second herd 
blood test may not be conducted less than 90 days nor more than 150 days 
after the first test. Additionally, the second herd blood test must be 
within 120 days of the date of classification as a qualified herd; or 
(2) Any certified brucellosis-free herd in a quarantined area which is 
negative to a herd blood test 120 days before or after designation of 
the area as a quarantined area.
    (b) Requalification. In order to remain a qualified herd, a herd 
must be negative to successive requalifying herd blood tests. Each 
requalifying test shall be conducted not more than 120 days from the 
date of the preceding herd blood test. All cattle or bison added to a 
qualified herd must be included in two successive herd blood tests of 
the qualified herd to qualify as cattle or bison from the qualified 
herd.
    Quarantined area. An area that does not meet the criteria for 
classification as Class Free, Class A, Class B, or Class C.
    Quarantined feedlot.\1\ A confined area under State quarantine 
approved jointly by the State animal health official and the 
Veterinarian in Charge. Approval will be granted only after a State 
representative or APHIS representative inspects the confined area and 
determines that all cattle and bison are secure and isolated from 
contact with all other cattle and bison, that there are facilities for 
identifying cattle and bison, and that there is no possibility of 
brucellosis being mechanically transmitted from the confined area. The 
quarantined feedlot shall be maintained for feeding cattle and bison for 
slaughter, with no provisions for pasturing or grazing. All cattle and 
bison in a quarantined feedlot, except steers and spayed heifers, shall 
be treated as brucellosis exposed.
---------------------------------------------------------------------------


    \1\ A list of quarantined feedlots in any State may be obtained from 
the State animal health official, a State representative, or an APHIS 
representative.
---------------------------------------------------------------------------

    (a) All cattle and bison, except steers and spayed heifers, leaving 
the quarantined feedlot must (1) Be accompanied by a permit and move 
directly to a recognized slaughtering establishment; or (2) Be ``S'' 
branded and accompanied by an ``S'' brand permit and

[[Page 216]]

move directly to an approved intermediate handling facility and then 
directly to another quarantined feedlot or a recognized slaughtering 
establishment; or (3) Be accompanied by a permit issued by the State 
animal health official and move directly to another quarantined feedlot; 
or (4) After being ``S'' branded at the quarantined feedlot, be 
accompanied by an ``S'' brand permit and move directly to a specifically 
approved stockyard approved to receive brucellosis exposed cattle and 
bison and then directly to a recognized slaughtering establishment or 
another quarantined feedlot; or (5) After being ``S'' branded at the 
quarantined feedlot, be accompanied by an ``S'' brand permit and move 
directly to a specifically approved stockyard approved to receive 
brucellosis exposed cattle and bison and then directly to an approved 
intermediate handling facility and then directly to another quarantined 
feedlot or a recognized slaughtering establishment. However, finished 
fed cattle moving directly to a recognized slaughtering establishment 
are exempt from the permit/''S'' brand permit requirement.
    (b) The State animal health official and the Veterinarian in Charge 
shall establish procedures for accounting for all cattle and bison 
entering or leaving quarantined feedlots.
    Quarantined pasture. A confined grazing area under State quarantine 
approved by the State animal health official, Veterinarian in Charge and 
the Administrator. A justification of the need for the quarantined 
pasture must be prepared by the State animal health official and/or 
Veterinarian in Charge and submitted to the Administrator. An 
intensified brucellosis eradication effort which produces large numbers 
of brucellosis exposed cattle or bison or official adult vaccinates 
needing the grazing period to reach slaughter condition would be an 
acceptable justification. Approval will be granted only after a State 
representative or APHIS representative inspects the confined grazing 
area and determines that all cattle and bison are secure and isolated 
from contact with all other cattle and bison, that there are facilities 
for identifying the cattle and bison, and that there is no possibility 
of brucellosis being mechanically transmitted from the confined grazing 
area. The quarantined pasture shall be for utilizing available forage 
for growth or to improve flesh condition of cattle or bison. No cattle 
or bison may be moved interstate into these quarantined pastures, which 
shall be restricted for use by cattle or bison originating within the 
State. All cattle or bison shall be of the same sex, except that 
neutered cattle and bison may share the quarantined pasture. All cattle 
and bison, except steers and spayed heifers, must be ``S'' branded upon 
entering the quarantined pasture. All cattle and bison, except steers 
and spayed heifers, leaving the quarantined pasture must move directly 
to a recognized slaughtering establishment or quarantined feedlot, or 
directly to an approved intermediate handling facility and then directly 
to a recognized slaughtering establishment, or directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot and then directly to a recognized slaughtering establishment. 
The movement shall be in accordance with established procedures for 
handling brucellosis exposed cattle and bison, including issuance of 
``S'' brand permits prior to movement. The State animal health official 
and Veterinarian in Charge shall establish procedures for accounting for 
all cattle and bison entering and leaving the quarantined pasture. All 
brucellosis exposed cattle and bison must vacate the premises on or 
before the expiration of approval, which may not last longer than 10 
months.
    Recognized slaughtering establishment.\2\ Any slaughtering 
establishment operating under the provisions of the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) or a State meat inspection act.
---------------------------------------------------------------------------


    \2\ A list of recognized slaughtering establishments in any State 
may be obtained from an APHIS representative, the State animal health 
official, or a State representative.
---------------------------------------------------------------------------

    Rodeo bulls. Male cattle kept solely for performance at rodeos.
    ``S'' branded. Branding with a hot iron the letter ``S'' high on the 
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 
inches) in size.
    ``S'' brand permit. A document prepared at the point of origin which 
lists

[[Page 217]]

the points of origin and destination, the number of animals covered, the 
purpose of movement, and one of the following: The official eartag 
number, individual animal registered breed association registration 
tattoo, individual animal registered breed association registration 
brand, individual animal registered breed association registration 
number, United States Department of Agriculture backtag (when applied 
serially, only the beginning and the ending numbers need be recorded), 
or similar individual identification. If the document is prepared at a 
quarantined feedlot, it shall be prepared by an accredited veterinarian, 
a State representative, or an individual designated for that purpose by 
the State animal health official. If the document is prepared at any 
other point of origin, it shall be prepared by an accredited 
veterinarian, State representative, or APHIS representative. (A new 
``S'' brand permit is required for each change in destination. However, 
``S'' brand permits accompanying cattle or bison to approved 
intermediate handling facilities may list either the approved 
intermediate handling facility, a quarantined feedlot, or a recognized 
slaughtering establishment as the point of destination. If the ``S'' 
brand permit lists a quarantined feedlot or a recognized slaughtering 
establishment as the point of destination, the ``S'' brand permit must 
list the approved intermediate handling facility as a temporary stopping 
point, and no additional ``S'' brand permit is required for the 
subsequent movement of the cattle or bison from the approved 
intermediate handling facility to the quarantined feedlot or to the 
recognized slaughtering establishment. Subsequent movements from the 
quarantined feedlot shall be subject to requirements set forth in the 
definition of ``quarantined feedlot'' in this section.)
    Sow. A female swine which is parturient or postparturient.
    Specifically approved stockyard.\3\ Premises where cattle or bison 
are assembled for sale or sale purposes and which meet the standards set 
forth in Sec. 71.20 of this chapter and are approved by the 
Administrator.
---------------------------------------------------------------------------


    \3\ Notices containing lists of specifically approved stockyards are 
published in the Federal Register. Lists of specifically approved 
stockyards also may be obtained from the State animal health official, 
State representatives, or APHIS representatives.
---------------------------------------------------------------------------

    State. Any State, the District of Columbia, Puerto Rico, the Virgin 
Islands of the United States, Guam, the Northern Mariana Islands or any 
other territory or possession of the United States.
    State animal health official. The State official responsible for 
livestock and poultry disease control and eradication programs.
    State representative. An individual employed in animal health work 
by a State or a political subdivision thereof and authorized by such 
State or political subdivision to perform the function involved under a 
memorandum of understanding with the United States Department of 
Agriculture.
    Successfully closed case. Follow up of an MCI reactor traceback with 
an epidemiologic investigation which results in brucellosis testing or 
quarantine of the herd of origin, or a determination by a designated 
brucellosis epidemiologist that justification exists for not testing or 
quarantining the herd of origin.
    Swine brucellosis. The communicable disease of swine caused by 
Brucella suis (B. suis) biovar 1 or 3.
    Test-eligible cattle and bison. For purposes of interstate movement, 
test-eligible cattle and bison are:
    (a) Cattle and bison which are not official vaccinates and which 
have lost their first pair of temporary incisors (18 months of age or 
over), except steers and spayed heifers;
    (b) Official calfhood vaccinates 18 months of age or over which are 
parturient or postparturient;
    (c) Official calfhood vaccinates of beef breeds or bison with the 
first pair of permanent incisors fully erupted (2 years of age or over); 
and
    (d) Official calfhood vaccinates of dairy breeds with partial 
eruption of the first pair of permanent incisors (20 months of age or 
over).
    United States Department of Agriculture backtag. A backtag issued by 
APHIS that conforms to the eight-character alpha-numeric National

[[Page 218]]

Backtagging System, and that provides unique identification for each 
animal.
    Validated brucellosis-free herd. (a) A swine herd not known to be 
infected with swine brucellosis, located in a validated brucellosis-free 
State; or
    (b) a swine herd in a State that has not been validated as 
brucellosis-free, provided the herd meets the conditions for validation, 
as follows:
    (1) Validation. A swine herd may be validated as brucellosis-free if 
it has been found brucellosis negative after either a complete-herd test 
(CHT) or an incremental CHT. The incremental CHT may be conducted by 
testing all breeding swine 6 months of age or older with negative 
results within 365 days, either in four 25-percent increments, with 
those tests being conducted on the 90th, 180th, 270th, and 360th days of 
the testing cycle, or in 10-percent increments every 25-35 days until 
100 percent of those swine have been tested. In cases where unforseen 
circumstances warrant such action, the Administrator may approve an 
extension of up to 15 days of the date on which a test under the 25-
percent incremental herd test is to be conducted, thus allowing a test 
to be conducted no later than the 105th, 195th, 285th, or 375th day of 
the testing cycle. No swine may be tested twice during the testing cycle 
to comply with either the 25 percent requirement or the 10 percent 
requirement. No further testing is required once 100 percent of the 
breeding swine have been tested. After all breeding swine have tested 
brucellosis negative, a herd may be validated as brucellosis-free. 
Unless the Administrator has approved an alternative testing schedule, 
which might extend the testing cycle, a herd retains validated 
brucellosis-free status for a maximum of 365 days.
    (2) Maintaining validation. Validation may be continuously 
maintained if a complete herd test (CHT) is performed once every 365 
days, with negative results, or an incremental CHT is performed. The 
incremental CHT may be conducted by testing all breeding swine 6 months 
of age or older, with negative results, within 365 days in either four 
25-percent increments, with those tests being conducted on the 90th, 
180th, 270th, and 360th days of the testing cycle, or in 10-percent 
increments every 25-35 days until 100 percent of those swine have been 
tested. In cases where unforeseen circumstances warrant such action, the 
Administrator may approve an alternative testing schedule under which 
the 25 percent or 10 percent incremental CHT would be completed, with 
negative results, within 420 days, during which time the herd's 
validated brucellosis-free status would be continued. No swine may be 
tested twice during the testing cycle to comply with these requirements. 
No further testing is required once 100 percent of the breeding swine 
have been tested.
    Validated brucellosis-free State. A State may apply for validated-
free status when:
    (a) Any herd found to have swine brucellosis during the 2-year 
qualification period preceding the application has been depopulated. 
More than one finding of a swine brucellosis-infected herd during the 
qualification period disqualifies the State from validation as 
brucellosis-free; and
    (b) During the 2-year qualification period, the State has completed 
surveillance, annually, as follows:
    (1) Complete herd testing. Subjecting all swine in the State that 
are 6 months of age or older and maintained for breeding purposes to an 
official swine brucellosis test; or
    (2) Market swine testing. Subjecting 20 percent of the State's swine 
6 months of age or older and maintained for breeding purposes to an 
official swine brucellosis test, and demonstrating successful traceback 
of at least 80 percent of market swine test (MST) reactors to the herd 
of origin. Blood samples may be collected from MST swine if the swine 
can be identified to their herd of origin, in accordance with 
Sec. 71.19(b) of this subchapter. All MST reactor herds are subject to a 
CHT within 30 days of the MST laboratory report date, as determined by a 
designated epidemiologist; or
    (3) Statistical analysis. Demonstrating, by a statistical analysis 
of all official swine brucellosis test results (including herd 
validation, MST, change-of-ownership, diagnostic) during the 2-year 
qualification period, a surveillance level equivalent or superior to

[[Page 219]]

CHT and MST testing programs discussed in this paragraph.
    (c) To maintain validation, a State must annually survey at least 5 
percent of its breeding swine, and demonstrate traceback to herd of 
origin of at least 80 percent of all MST reactors. A State must 
demonstrate its continuing ability to meet the criteria set forth in 
paragraph (c) of this definition within 36-40 months of receiving 
validated brucellosis-free State status to retain that status.
    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.
    Whole herd vaccination. The vaccination of all female cattle and 
female bison 4 months of age or over in a herd when authorized by the 
State animal health official and the Veterinarian in Charge, and 
conducted in accordance with the definitions of official adult vaccinate 
and official calfhood vaccinate.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[51 FR 32580, Sept. 12, 1986]

    Editorial Note: For Federal Register citations affecting Sec. 78.1, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 78.2  Handling of certificates, permits, and ``S'' brand permits for interstate movement of animals.

    (a) Any certificate, permit, or ``S'' brand permit required by this 
part for the interstate movement of animals shall be delivered to the 
person moving the animals by the shipper or shipper's agent at the time 
the animals are delivered for movement and shall accompany the animals 
to their destination and be delivered to the consignee or the person 
receiving the animals.
    (b) The APHIS representative, State representative, or accredited 
veterinarian issuing a certificate or permit required for the interstate 
movement of animals under this part, except for permits for entry and 
``S'' brand permits, shall forward a copy thereof as follows:
    (1) A copy of each certificate shall be forwarded to the State 
animal health official of the State of destination, or to the State 
animal health official of the State of origin for forwarding to the 
State of destination; or
    (2) A copy of each permit shall be forwarded to the State animal 
health official of the State of destination.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54533, Oct. 22, 1991; 
56 FR 58639, Nov. 21, 1991]



Sec. 78.3  Handling in transit of cattle and bison moved interstate.

    Cattle and bison moving interstate, except cattle and bison moved 
directly to a recognized slaughtering establishment, approved 
intermediate handling facility, or quarantined feedlot, shall be moved 
only in a means of conveyance which has been cleaned in accordance with 
Secs. 71.5, 71.7, 71.10, and 71.11 of this chapter and, if unloaded in 
the course of such movement, shall be handled only in pens cleaned in 
accordance with the provisions of Secs. 71.4, 71.7, 71.10, and 71.11 of 
this chapter.



Sec. 78.4  [Reserved]



  Subpart B--Restrictions on Interstate Movement of Cattle Because of 
                               Brucellosis



Sec. 78.5  General restrictions.

    Cattle may not be moved interstate except in compliance with this 
subpart.



Sec. 78.6  Steers and spayed heifers.

    Steers and spayed heifers may be moved interstate without 
restriction under this subpart.



Sec. 78.7  Brucellosis reactor cattle.

    (a) Destination. Brucellosis reactor cattle may be moved interstate 
only for immediate slaughter as follows:
    (1) Directly to a recognized slaughtering establishment;
    (2) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment; or

[[Page 220]]

    (3) From a farm of origin directly to a specifically approved 
stockyard approved to receive brucellosis reactors and then
    (i) Directly to a recognized slaughtering establishment; or
    (ii) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment.
    (b) Identification. Brucellosis reactor cattle must be individually 
identified prior to moving interstate by attaching to the left ear a 
metal tag bearing a serial number and the inscription ``U.S. Reactor,'' 
or a metal tag bearing a serial number designated by the State animal 
health official for identifying brucellosis reactors, and must be:
    (1) ``B'' branded (as defined in Sec. 78.1); or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.
    (c) Permit. Brucellosis reactor cattle moving interstate shall be 
accompanied to destination by a permit.
    (d) Marking of records. Each person moving brucellosis reactor 
cattle interstate shall, in the course of interstate movement, plainly 
write or stamp the words ``Brucellosis Reactor'' upon the face of any 
document that person prepares in connection with such movement.
    (e) Segregation en route. Brucellosis reactor cattle shall not be 
moved interstate in any means of conveyance containing animals which are 
not brucellosis reactors unless all the animals are for immediate 
slaughter or unless the brucellosis reactor cattle are kept separate 
from the other animals by a partition securely affixed to the sides of 
the means of conveyance.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 
60 FR 48367, Sept. 19, 1995]



Sec. 78.8  Brucellosis exposed cattle.

    Brucellosis exposed cattle may be moved interstate only as follows:
    (a) Movement to recognized slaughtering establishments. (1) Finished 
fed cattle from a quarantined feedlot may be moved interstate
    (i) Directly to a recognized slaughtering establishment without 
further restriction under this part; or
    (ii) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if accompanied by a 
permit or ``S'' brand permit.
    (2) Brucellosis exposed cattle may be moved interstate directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or a United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (E) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.

The official seal numbers must be recorded on the accompanying permit or 
``S'' brand permit.
    (3) Brucellosis exposed cattle may be moved interstate directly to 
an approved intermediate handling facility and then directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or a United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or

[[Page 221]]

    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
    (4) Brucellosis exposed cattle moving to slaughter from a farm of 
origin may be moved directly to a specifically approved stockyard 
approved to receive brucellosis exposed cattle and then directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.

The official seal numbers must be recorded on the accompanying permit or 
``S'' brand permit.
    (5) Brucellosis exposed cattle moving to slaughter from a farm of 
origin may be moved directly to a specifically approved stockyard 
approved to receive brucellosis exposed cattle and then directly to an 
approved intermediate handling facility and then directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
    (b) Movement to quarantined feedlots. Brucellosis exposed cattle for 
which no claim for indemnity is being made by the owner under part 51 of 
this chapter may be moved interstate directly to a quarantined feedlot, 
or from a farm of origin directly to a specifically approved stockyard 
approved to receive brucellosis exposed cattle and then directly to a 
quarantined feedlot, or from a farm of origin directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot, or from a farm of origin directly to a specifically approved 
stockyard approved to receive brucellosis exposed cattle and then 
directly to an approved intermediate handling facility and then directly 
to a quarantined feedlot, if the cattle are:
    (1) Individually identified by an official eartag or a United States 
Department of Agriculture backtag;
    (2) Accompanied by a permit or ``S'' brand permit; and
    (3)(i) ``S'' branded before leaving the premises from which they are 
to be moved interstate; or
    (ii) Official adult vaccinates; or
    (iii) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
    (c) Movement other than in accordance with paragraphs (a) and (b) of 
this section. Brucellosis exposed cattle for which no claim for 
indemnity is being made by the owner under part 51 of this chapter also 
may be moved interstate in accordance with Sec. 78.10 and as follows:

[[Page 222]]

    (1) Such brucellosis exposed cattle from herds known to be affected 
other than female cattle which originate in Class B States or areas or 
Class C States or areas may be moved interstate if the cattle are:
    (i) Under 6 months of age and weaned from brucellosis reactors or 
brucellosis exposed cows not less than 30 days immediately preceding 
interstate movement; or
    (ii) Under 6 months of age and nursing brucellosis exposed cows in a 
herd subjected to a herd blood test within 10 days prior to interstate 
movement; or
    (iii) Official vaccinates under 1 year of age from a herd following 
an approved individual herd plan.
    (2) Cattle moved interstate from a farm of origin directly to a 
specifically approved stockyard in accordance with Sec. 78.9(b)(3)(iii), 
78.9(c)(3)(iii), or 78.9(d)(3) of this part and subsequently determined 
to be brucellosis exposed may be moved interstate directly back to the 
farm of origin under the following conditions:
    (i) Prior to interstate movement, State representatives of the State 
in which the cattle are located and the State of destination advise 
APHIS that such movement would not be contrary to the laws and 
regulations of their respective States;
    (ii) Prior to interstate movement, the State representative of the 
State of destination agrees to quarantine the cattle on arrival and to 
require that all test-eligible cattle on the farm of origin be subjected 
to an official test; and
    (iii) The cattle are accompanied to the farm of origin by a permit.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 
56 FR 54533, 54534, Oct. 22, 1991; 56 FR 65782, Dec. 18, 1991; 59 FR 
67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995]



Sec. 78.9  Cattle from herds not known to be affected.

    Male cattle which are not test eligible and are from herds not known 
to be affected may be moved interstate without further restriction. 
Female cattle which are not test eligible and are from herds not known 
to be affected may be moved interstate only in accordance with 
Sec. 78.10 of this part and this section. Test-eligible cattle which are 
not brucellosis exposed and are from herds not known to be affected may 
be moved interstate only in accordance with Sec. 78.10 and as follows:
    (a) Class Free States/areas. Test-eligible cattle which originate in 
Class Free States or areas, are not brucellosis exposed, and are from a 
herd not known to be affected may be moved interstate from Class Free 
States or areas only as specified below:
    (1) Movement to recognized slaughtering establishments.
    (i) Such cattle may be moved interstate directly to a recognized 
slaughtering establishment or directly to a specifically approved 
stockyard and then directly to a recognized slaughtering establishment 
without restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility and then directly 
to a recognized slaughtering establishment if accompanied by a permit.
    (iii) Such cattle may be moved interstate from other than a farm of 
origin directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if such cattle are 
accompanied by a permit.
    (2) Movement to quarantined feedlots. Such cattle may be moved 
interstate without restriction under this subpart directly to a 
quarantined feedlot, or directly to a specifically approved stockyard 
and then directly to a quarantined feedlot, or directly to a 
specifically approved stockyard and then directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot, or directly to an approved intermediate handling facility and 
then directly to a quarantined feedlot.
    (3) Movement other than in accordance with paragraphs (a)(1) and (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (a)(1) and (2) of this section only if:
    (i) Such cattle are moved interstate from a farm of origin directly 
to a specifically approved stockyard; or

[[Page 223]]

    (ii) Such cattle are moved interstate from a farm of origin or 
returned interstate to a farm of origin in the course of normal ranching 
operations, without change of ownership, directly to or from another 
premises owned, leased, or rented by the same individual; or
    (iii) Such cattle are moved interstate accompanied by a certificate 
which states, in addition to the items specified in Sec. 78.1, that the 
cattle originated in a Class Free State or area.
    (b) Class A States/areas. Test-eligible cattle which originate in 
Class A States or areas, are not brucellosis exposed, and are from a 
herd not known to be affected may be moved interstate from Class A 
States or areas only as specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate from a farm of origin or nonquarantined 
feedlot directly to a recognized slaughtering establishment or directly 
to a specifically approved stockyard and then directly to a recognized 
slaughtering establishment without restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility without 
restriction under this subpart.
    (iii) Such cattle from other than a farm of origin or nonquarantined 
feedlot may be moved interstate directly to a recognized slaughtering 
establishment or directly to a specifically approved stockyard and then 
directly to a recognized slaughtering establishment if identity to the 
Class A State or area is maintained by means of identification tag 
numbers appearing on sale records showing the consignor or by penning 
cattle from the farm or State or area apart from other animals.
    (iv) Such cattle from other than a farm of origin may be moved 
interstate accompanied by a permit.
    (A) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment; or
    (B) Directly to a specifically approved stockyard and then directly 
to an approved intermediate handling facility and then directly to a 
recognized slaughtering establishment.
    (2) Movement to quarantined feedlots. (i) Such cattle may be moved 
interstate from a farm of origin directly to a quarantined feedlot, or 
directly to a specifically approved stockyard and then directly to a 
quarantined feedlot, or directly to a specifically approved stockyard 
and then directly to an approved intermediate handling facility and then 
directly to a quarantined feedlot, or directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot, if the identity of the farm of origin of the cattle is 
maintained by means of identification tag numbers appearing on sale 
records showing the consignor or by penning cattle from the farm of 
origin apart from other animals.
    (ii) Such cattle from other than a farm of origin may be moved 
interstate directly to a quarantined feedlot or directly to a 
specifically approved stockyard and then directly to a quarantined 
feedlot if identity to the Class A State or area is maintained by means 
of identification tag numbers appearing on sale records showing the 
consignor or by penning cattle from one farm or State or area apart from 
other animals.
    (3) Movement other than in accordance with paragraphs (b)(1) and (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (b)(1) and (2) of this section only if:
    (i) Such cattle originate in a certified brucellosis-free herd and 
are accompanied interstate by a certificate which states, in addition to 
the items specified in Sec. 78.1, that the cattle originated in a 
certified brucellosis-free herd; or
    (ii) Such cattle are negative to an official test within 30 days 
prior to such interstate movement and are accompanied interstate by a 
certificate which states, in addition to the items specified in 
Sec. 78.1, the test dates and results of the official tests; or
    (iii) Such cattle are moved interstate from a farm of origin 
directly to a specifically approved stockyard and are subjected to an 
official test upon arrival at the specifically approved stockyard prior 
to losing their identity with the farm of origin; or

[[Page 224]]

    (iv) Such cattle are moved interstate from a farm of origin or 
returned interstate to a farm of origin in the course of normal ranching 
operations, without change of ownership, directly to or from another 
premises owned, leased, or rented by the same individual.
    (c) Class B States/areas. Test-eligible cattle which originate in 
Class B States or areas, are not brucellosis exposed, and are from a 
herd not known to be affected may be moved interstate from Class B 
States or areas only under the conditions specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate from a farm of origin or a nonquarantined 
feedlot directly to a recognized slaughtering establishment without 
restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility without 
restriction under this subpart.
    (iii) Such cattle may be moved interstate from a nonquarantined 
feedlot directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if they are 
accompanied by a permit or ``S'' brand permit.
    (iv) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied to slaughter by a 
certificate or ``S'' brand permit which states, in addition to the items 
specified in Sec. 78.1, the test dates and results of the official 
tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to a recognized 
slaughtering establishment; or
    (D) They are moved from the specifically approved stockyard 
accompanied by an ``S'' brand permit and in vehicles closed with 
official seals applied and removed by an APHIS representative, a State 
representative, an accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (v) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to an approved intermediate handling facility and then directly to 
a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied by an ``S'' brand 
permit which states, in addition to the items specified in Sec. 78.1, 
the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to an approved 
intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (vi) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a certificate or ``S'' 
brand permit which states, in addition to the items specified in 
Sec. 78.1, the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or

[[Page 225]]

    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a recognized slaughtering establishment; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, a State representative, an accredited veterinarian, or 
by an individual authorized for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (vii) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to an approved 
intermediate handling facility and then directly to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a permit or ``S'' brand 
permit which states, in addition to the items specified in Sec. 78.1, 
the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to an approved intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (2) Movement to quarantined feedlots. (i) Such cattle may be moved 
interstate from a farm of origin directly to:
    (A) A quarantined feedlot if such cattle are ``S'' branded upon 
arrival at the quarantined feedlot; or
    (B) A specifically approved stockyard and then directly to a 
quarantined feedlot or directly to an approved intermediate handling 
facility and then directly to a quarantined feedlot, if the cattle are 
``S'' branded upon arrival at the specifically approved stockyard and 
are accompanied to the quarantined feedlot by an ``S'' brand permit; or
    (C) An approved intermediate handling facility and then directly to 
a quarantined feedlot, if the cattle are ``S'' branded upon arrival at 
the approved intermediate handling facility and are accompanied to the 
quarantined feedlot by an ``S'' brand permit; or
    (D) A quarantined feedlot, a specifically approved stockyard and 
then directly to a quarantined feedlot, or an approved intermediate 
handling facility and then directly to a quarantined feedlot if the 
cattle are accompanied by an ``S'' brand permit and moved in vehicles 
closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (ii) Such cattle from other than a farm of origin may be moved 
interstate to a quarantined feedlot if:
    (A) They are negative to an official test within 30 days prior to 
such movement and are accompanied by a certificate which states, in 
addition to the items specified in Sec. 78.1, the test dates and results 
of the official tests; or
    (B) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a quarantined feedlot; or
    (C) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (3) Movement other than in accordance with paragraphs (c)(1) and (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (c)(1) and (2) of this section only if:
    (i) Such cattle originate in a certified brucellosis-free herd and 
are accompanied interstate by a certificate which

[[Page 226]]

states, in addition to the items specified in Sec. 78.1, that the cattle 
originated in a certified brucellosis-free herd; or
    (ii) Such cattle are negative to an official test within 30 days 
prior to interstate movement, have been issued a permit for entry, and 
are accompanied interstate by a certificate which states, in addition to 
the items specified in Sec. 78.1, the test dates and results of the 
official tests; or
    (iii) Such cattle are moved interstate from a farm of origin 
directly to a specifically approved stockyard and are subjected to an 
official test upon arrival at the specifically approved stockyard prior 
to losing their identity with the farm of origin; or
    (iv) Such cattle are moved interstate from a farm of origin or 
returned interstate to a farm of origin in the course of normal ranching 
operations, without change of ownership, directly to or from another 
premises owned, leased or rented by the same individual, and (A) The 
cattle being moved originate from a herd in which (1) All the cattle 
were negative to a herd blood test within 1 year prior to the interstate 
movement; (2) Any cattle added to the herd after such herd blood test 
were negative to an official test within 30 days prior to the date the 
cattle were added to the herd; (3) None of the cattle in the herd have 
come in contact with any other cattle; and (B) The cattle are 
accompanied interstate by a document which states the dates and results 
of the herd blood test and the name of the laboratory in which the 
official tests were conducted.
    (v) The State animal health officials of the State of origin and 
State of destination may waive the requirements of paragraph (c)(3)(iv) 
of this section in writing.
    (d) Class C States/areas. All female cattle and test-eligible male 
cattle which originate in Class C States or areas, are not brucellosis 
exposed, and are from a herd not known to be affected may be moved 
interstate from Class C States or areas only under the conditions 
specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate from a farm of origin or a nonquarantined 
feedlot directly to a recognized slaughtering establishment without 
restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility without 
restriction under this subpart.
    (iii) Such cattle may be moved interstate from a nonquarantined 
feedlot directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if they are 
accompanied by a permit or ``S'' brand permit.
    (iv) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied by a certificate or 
``S'' brand permit which states, in addition to the items specified in 
Sec. 78.1, the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to a recognized 
slaughtering establishment; or
    (D) They are moved from the specifically approved stockyard 
accompanied by an ``S'' brand permit and in vehicles closed with 
official seals applied and removed by an APHIS representative, a State 
representative, an accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (v) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to an approved intermediate handling facility and then directly to 
a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied by an ``S'' brand 
permit which states,

[[Page 227]]

in addition to the items specified in Sec. 78.1, the test dates and 
results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to an approved 
intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (vi) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a certificate or ``S'' 
brand permit which states, in addition to the items specified in 
Sec. 78.1, the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a recognized slaughtering establishment; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, a State representative, an accredited veterinarian, or 
by an individual authorized for this purpose by the APHIS 
representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (vii) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to an approved 
intermediate handling facility and then directly to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a permit or ``S'' brand 
permit which states, in addition to the items specified in Sec. 78.1, 
the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to an approved intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (2) Movement to quarantined feedlots.
    (i) Such cattle may be moved interstate from a farm of origin 
directly to:
    (A) A quarantined feedlot if such cattle are ``S'' branded upon 
arrival at the quarantined feedlot; or
    (B) A specifically approved stockyard and then directly to a 
quarantined feedlot, or directly to an approved intermediate handling 
facility and then directly to a quarantined feedlot, if the cattle are 
``S'' branded upon arrival at the specifically approved stockyard and 
are accompanied to the quarantined feedlot by an ``S'' brand permit; or
    (C) An approved intermediate handling facility and then directly to 
a quarantined feedlot, if the cattle are ``S'' branded upon arrival at 
the approved intermediate handling facility and are accompanied to the 
quarantined feedlot by an ``S'' brand permit; or
    (D) A quarantined feedlot, a specifically approved stockyard and 
then directly to a quarantined feedlot, or an approved intermediate 
handling facility and then directly to a quarantined feedlot if the 
cattle are accompanied by an ``S'' brand permit and moved in

[[Page 228]]

vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (ii) Such cattle from other than a farm of origin may be moved 
interstate to a quarantined feedlot if:
    (A) They are negative to an official test within 30 days prior to 
such movement and are accompanied by a certificate which states, in 
addition to the items specified in Sec. 78.1, the test dates and results 
of the official tests; or
    (B) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a quarantined feedlot; or
    (C) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (3) Movement other than in accordance with paragraphs (d)(1) or (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (d)(1) or (2) of this section only if such 
cattle originate in a certified brucellosis-free herd and are 
accompanied interstate by a certificate which states, in addition to the 
items specified in Sec. 78.1 of this part, that the cattle originated in 
a certified brucellosis-free herd.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 
56 FR 54533, 54534, Oct. 22, 1991; 56 FR 58638, Nov. 21, 1991; 59 FR 
67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995]



Sec. 78.10  Official vaccination of cattle moving into and out of Class B and Class C states or areas.

    (a) Female dairy cattle born after January 1, 1984, which are 4 
months of age or over must be official vaccinates to move interstate 
into or out of a Class B State or area \4\ unless they are moved 
interstate directly to a recognized slaughtering establishment or 
quarantined feedlot, or directly to an approved intermediate handling 
facility and then directly to a recognized slaughtering establishment, 
or directly to an approved intermediate handling facility and then 
directly to a quarantined feedlot and then directly to a recognized 
slaughtering establishment, or directly to an approved intermediate 
handling facility and then directly to a quarantined feedlot and then 
directly to a recognized slaughtering establishment. Female cattle 
eligible for official calfhood vaccination and required by this 
paragraph to be officially vaccinated may be moved interstate from a 
farm of origin directly to a specifically approved stockyard and be 
officially vaccinated upon arrival at the specifically approved 
stockyard.
---------------------------------------------------------------------------


    \4\ Female cattle imported into the United States may be exempted 
from the vaccination requirements of this paragraph with the concurrence 
of the State animal health official of the State of destination. This 
concurrence is required prior to the importation of the cattle into the 
United States.
---------------------------------------------------------------------------

    (b) Female cattle born after January 1, 1984, which are 4 months of 
age or over must be official vaccinates to move into a Class C State or 
area \4\ unless they are moved interstate directly to a recognized 
slaughtering establishiment, or directly to an approved intermediate 
handling facility and then directly to a recognized slaughtering 
establishment, or directly to an approved intermediate handling facility 
and then directly to a quarantined feedlot and then directly to a 
recognized slaughtering establishment. Female cattle eligible for 
official calfhood vaccination and required by this paragraph to be 
officially vaccinated may be moved interstate from a farm of origin 
directly to a specifically approved stockyard and be officially 
vaccinated upon arrival at the specifically approved stockyard.
    (c) Female cattle born after January 1, 1984, which are 4 months of 
age or over must be official vaccinates to move interstate out of a 
Class C State or area \4\ inder Sec. 78.9(d)(3) of this part.

[[Page 229]]

Female cattle from a certified brucellosis-free herd that are eligible 
for official calfhood vaccination and required by this paragraph to be 
officially vaccinated may be moved interstate from a farm of origin 
directly to a specifically approved stockyard and be officially 
vaccinated upon arrival at the specifically approved stockyard.
[51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1926, Jan. 18, 1989; 
56 FR 58638, Nov. 21, 1991]



Sec. 78.11  Cattle moved to a specifically approved stockyard not in accordance with this part.

    Cattle, except brucellosis reactors and brucellosis exposed cattle, 
which are moved interstate to a specifically approved stockyard but fail 
to comply with the requirements of this part for release from the 
specifically approved stockyard may be moved from the specifically 
approved stockyard only as follows:
    (a) With the concurrence of the State animal health officials of the 
State of origin and State of destination, directly back to the farm of 
origin accompanied by a permit; or
    (b) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment or directly to an 
approved intermediate handling facility and then directly to a 
quarantined feedlot and then directly to a recognized slaughtering 
establishment if such cattle are ``S'' branded and accompanied by an 
``S'' brand permit; or
    (c) Directly to a recognized slaughtering establishment if such 
cattle are
    (1) ``S'' branded and accompanied by an ``S'' brand permit; or
    (2) Accompanied by an ``S'' brand permit and moved in vehicles 
closed with official seals applied and removed by an APHIS 
representative, State representative, an accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.

The official seal numbers must be recorded on the ``S'' brand permit; or
    (d) Directly to a quarantined feedlot if such cattle are ``S'' 
branded and accompanied by an ``S'' brand permit.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 
56 FR 58638, 58639, Nov. 21, 1991]



Sec. 78.12  Cattle from quarantined areas.

    Not withstanding any provisions in the regulations to the contrary, 
cattle may be moved interstate from a quarantined area only in 
accordance with Sec. 78.10 and this section.
    (a) Steers and spayed heifers. Steers and spayed heifers may be 
moved interstate without restriction under this section.
    (b) Brucellosis reactor cattle. Brucellosis reactor cattle may be 
moved interstate in accordance with Sec. 78.7.
    (c) Brucellosis exposed cattle. Brucellosis exposed cattle may be 
moved interstate in accordance with Sec. 78.8(a) or (b).
    (d) Movement from qualified herds. Cattle from qualified herds in 
any quarantined area may be moved interstate only as follows:
    (1) Movement to recognized slaughtering establishments. i) Cattle 
from qualified herds in a quarantined area may be moved interstate from 
a farm of origin directly to a recognized slaughtering establishment or 
directly to a specifically approved stockyard and then directly to a 
recognized slaughtering establishment if they are negative to an 
official test within 30 days prior to such interstate movement and are 
accompanied by a certificate or ``S'' brand permit which states, in 
addition to the items specified in Sec. 78.1, the test dates and results 
of the official tests; or
    (ii) Cattle from qualified herds in a quarantined area may be moved 
interstate from a farm of origin directly to an approved intermediate 
handling facility and then directly to a recognized slaughtering 
establishment or directly to an approved intermediate handling facility 
and then directly to a quarantined feedlot and then directly to a

[[Page 230]]

recognized slaughtering establishment if they are negative to an 
official test within 30 days prior to such interstate movement and are 
accompanied by an ``S'' brand permit which states, in addition to the 
items specified in Sec. 78.1, the test dates and results of the official 
tests; or
    (iii) Cattle from qualified herds in a quarantined area may be moved 
interstate from a farm of origin directly to a specifically approved 
stockyard and then directly to an approved intermediate handling 
facility and then directly to a recognized slaughtering establishment or 
directly to an approved intermediate handling facility and then directly 
to a quarantined feedlot and then directly to a recognized slaughtering 
establishment if they are negative to an official test within 30 days 
prior to such interstate movement and are accompanied by a permit or 
``S'' brand permit which states, in addition to the items specified in 
Sec. 78.1, the test dates and results of the official tests; or
    (iv) Cattle from qualified herds in a quarantined area may be moved 
interstate in accordance with Sec. 78.8(a).
    (2) Movement to quarantined feedlots. (i) Cattle from qualified 
herds in a quarantined area may be moved interstate from a farm of 
origin directly to a quarantined feedlot, or directly to a specifically 
approved stockyard and then directly to a quarantined feedlot, or 
directly to an approved intermediate handling facility and then directly 
to a quarantined feedlot if the cattle are negative to an official test 
within 30 days prior to such interstate movement and are accompanied by 
a certificate which states, in addition to the items specified in 
Sec. 78.1 of this part, the test dates and results of the official 
tests; or
    (ii) Cattle from qualified herds in a quarantined area may be moved 
in accordance with Sec. 78.8(b).
    (3) Movement other than in accordance with paragraph (d)(1) or (2) 
of this section. Cattle from qualified herds in a quarantined area may 
be moved interstate other than in accordance with paragraph (d)(1) or 
(2) of this section, either directly from a farm of origin or from a 
farm of origin through no more than one specifically approved stockyard 
if
    (i) The cattle, except official vaccinates less than 1 year of age 
and cattle less than 6 months of age, are negative to an official test 
within 30 days prior to such interstate movement; and
    (ii) The cattle are accompanied interstate by a certificate which 
states, in addition to the items specified in Sec. 78.1, the test dates 
and results of the official tests when such tests are required.
    (e) Movement from herds which are not qualified. Cattle from herds 
known to be affected or from herds which are not qualified in any 
quarantined area may be moved interstate only in accordance with 
Sec. 78.8(a) or (b).\5\
---------------------------------------------------------------------------


    \5\A herd which is not qualified in a quarantined area may become a 
qualified herd upon compliance with the provisions set forth in 
Sec. 78.1 in the definition of ``qualified herd.''

(Approved by the Office of Management and Budget under control number 
---------------------------------------------------------------------------
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58638, Nov. 21, 1991; 
59 FR 67133, Dec. 29, 1994]



Sec. 78.13  Other movements.

    The Administrator may, upon request in specific cases, permit the 
interstate movement of cattle not otherwise provided for in this 
subpart, under such conditions as the Administrator may prescribe in 
each case to prevent the spread of brucellosis. The Administrator shall 
promptly notify the State animal health officials of the States involved 
of any such action.
[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991]



Sec. 78.14  Rodeo bulls.

    (a) A rodeo bull that is test-eligible and that is from a herd not 
known to be affected may be moved interstate if:
    (1) The bull is classified as brucellosis negative based upon an 
official test conducted less than 365 days before the date of interstate 
movement;
    (2) The bull is identified with an official eartag;
    (3) There is no change of ownership since the date of the last 
official test;
    (4) A certificate accompanies each interstate movement of the bull; 
and
    (5) A permit for entry is issued for each interstate movement of the 
bull.

[[Page 231]]

    (b) A bull that would qualify as a rodeo bull, but that is used for 
breeding purposes during the 365 days following the date of being 
tested, may be moved interstate only if the bull meets the requirements 
for cattle in this subpart.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[56 FR 58639, Nov. 21, 1991]



Secs. 78.15--78.19  [Reserved]



   Subpart C--Restrictions on Interstate Movement of Bison Because of 
                               Brucellosis



Sec. 78.20  General restrictions.

    Bison may not be moved interstate except in compliance with this 
subpart.



Sec. 78.21  Bison steers and spayed heifers.

    Bison steers and spayed heifers may be moved interstate without 
restriction under this subpart.



Sec. 78.22  Brucellosis reactor bison.

    (a) Destination. Brucellosis reactor bison may be moved interstate 
only for immediate slaughter as follows:
    (1) Directly to a recognized slaughtering establishment;
    (2) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment; or
    (3) From a farm of origin directly to a specifically approved 
stockyard approved to receive brucellosis reactors and then
    (i) Directly to a recognized slaughtering establishment; or
    (ii) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment.
    (b) Identification. Brucellosis reactor bison must be individually 
identified prior to moving interstate by attaching to the left ear a 
metal tag bearing a serial number and the inscription ``U.S. Reactor,'' 
or a metal tag bearing a serial number designated by the State animal 
health official for identifying brucellosis reactors, and must be:
    (1) ``B'' branded (as defined in Sec. 78.1); or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.
    (c) Permit. Brucellosis reactor bison moving interstate shall be 
accompanied to destination by a permit.
    (d) Marking of records. Each person moving brucellosis reactor bison 
interstate shall, in the course of interstate movement, plainly write or 
stamp the words ``Brucellosis Reactor'' upon the face of any document 
that person prepares in connection with such movement.
    (e) Segregation en route. Brucellosis reactor bison shall not be 
moved interstate in any means of conveyance containing animals which are 
not brucellosis reactors unless all of the animals are for immediate 
slaughter or unless the brucellosis reactor bison are kept separate from 
the other animals by a partition securely affixed to the sides of the 
means of conveyance.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 
60 FR 48368, Sept. 19, 1995]



Sec. 78.23  Brucellosis exposed bison.

    Brucellosis exposed bison may be moved interstate only as follows:
    (a) Movement to recognized slaughtering establishments. Brucellosis 
exposed bison may be moved interstate for slaughter accompanied by a 
permit or ``S'' brand permit and as follows:
    (1) Directly to a recognized slaughtering establishment or directly 
to an approved intermediate handling facility and then directly to a 
recognized slaughtering establishment; or
    (2) From a farm of origin directly to a specifically approved 
stockyard approved to receive brucellosis exposed bison and then
    (i) Directly to a recognized slaughtering establishment; or

[[Page 232]]

    (ii) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment.
    (b) Movement to quarantined feedlots. Brucellosis exposed bison may 
be moved directly to a quarantined feedlot or, from a farm of origin, 
directly to a specifically approved stockyard approved to receive 
brucellosis exposed bison and then directly to a quarantined feedlot. 
Such bison shall be accompanied by a permit or ``S'' brand permit.
    (c) Movement other than in accordance with paragraphs (a) or (b) of 
this section. Brucellosis exposed bison which are from herds known to be 
affected, but which are not part of a herd being depopulated under Part 
51 of this chapter, may move without restriction if the bison:
    (1) Are under 6 months of age and were weaned from brucellosis 
reactor or brucellosis exposed bison not less than 30 days immediately 
preceding interstate movement; or
    (2) Are under 6 months of age and nursing brucellosis exposed bison 
in a herd subjected to a herd blood test within 10 days prior to 
interstate movement; or
    (3) Are official vaccinates under 1 year of age from a herd 
following an approved individual herd plan.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 78.24  Bison from herds not known to be affected.

    Bison from herds not known to be affected may be moved interstate 
only as follows:
    (a) Movement to recognized slaughtering establishments. Bison from 
herds not known to be affected may be moved directly to a recognized 
slaughtering establishment without restriction under this subpart.
    (b) Movement to quarantined feedlots. Bison from herds not known to 
be affected may be moved directly to a quarantined feedlot without 
restriction under this subpart.
    (c) Movement from public zoo to public zoo. Bison from herds not 
known to be affected may be moved from a zoo owned by a governmental 
agency to another such zoo if handled in accordance with Sec. 78.3.
    (d) Movement other than in accordance with paragraphs (a), (b), or 
(c) of this section. Bison from herds not known to be affected may be 
moved interstate other than in accordance with paragraphs (a), (b), or 
(c) of this section only as follows:
    (1) Such bison under 6 months of age may be moved interstate when 
accompanied by a certificate.
    (2) Such bison which are official vaccinates under 2 years of age 
and are not parturient or postparturient may be moved interstate when 
accompanied by a certificate.
    (3) Such bison may be moved interstate if they are negative to an 
official test within 30 days prior to such movement and are accompanied 
by a certificate which states, in addition to the items specified in 
Sec. 78.1, the dates and results of the official tests.
    (4) Such bison may be moved interstate if they originate in a 
certified brucellosis-free herd and are accompanied by a certificate 
which states, in addition to the items specified in Sec. 78.1, that the 
bison originated in a certified brucellosis-free herd.

(Approved by the Office of Management and Budget under control number 
0579-0047)

[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58639, Nov. 21, 1991]



Sec. 78.25  Other movements.

    The Administrator may, upon request in specific cases, permit the 
interstate movement of bison not otherwise provided for in this subpart, 
under such conditions as the Administrator may prescribe in each case to 
prevent the spread of brucellosis. The Administrator shall promptly 
notify the State animal health officials of the States involved of any 
such action.
[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991]

[[Page 233]]



Secs. 78.26-78.29  [Reserved]



   Subpart D--Restrictions on Interstate Movement of Swine Because of 
                               Brucellosis



Sec. 78.30  General restrictions.

    (a) Brucellosis reactor swine, brucellosis exposed swine, feral 
swine, sows, and boars may not be moved interstate or in interstate 
commerce except in compliance with this subpart.
    (b) Each person who causes the movement of swine in interstate 
commerce is responsible for the identification of the swine as required 
by this subpart. No such person shall remove or tamper with or cause the 
removal of or tampering with an identification tattoo or approved swine 
identification tag required in this subpart except at the time of 
slaughter, or as may be authorized by the Administrator upon request in 
specific cases and under such conditions as the Administrator may impose 
to ensure continuing identification.
    (c)(1) Feral swine may be moved interstate directly to slaughter if 
they do not come into physical contact with any domestic swine or other 
livestock.
    (2) Feral swine from monitored-negative populations may be moved 
interstate other than directly to slaughter if accompanied by a permit 
issued by the APHIS representative or the State animal health official 
in the State of origin.
    (3) Feral swine found negative to an official test within the 30 
days prior to the interstate movement may be moved interstate other than 
directly to slaughter if accompanied by a permit issued by the APHIS 
representative or the State animal health official in the State of 
origin.
[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 
59 FR 18952, Apr. 21, 1994]



Sec. 78.31  Brucellosis reactor swine.

    (a) Destination. Brucellosis reactor swine may be moved interstate 
only for immediate slaughter as follows:
    (1) Directly to a recognized slaughtering establishment; or
    (2) Directly to a stockyard posted under the Packers and Stockyards 
Act, as amended (7 U.S.C. 181 et seq.), or directly to a market agency 
or dealer registered under the Packers and Stockyards Act, for sale to a 
recognized slaughtering eatablishment in accordance with the following 
requirements:
    (b) Identification. Brucellosis reactor swine shall be individually 
identified by attaching to the left ear a metal tag bearing a serial 
number and the inscription, ``U.S. Reactor,'' or a metal tag bearing a 
serial number designated by the State animal health official for 
identifying brucellosis reactors.
    (c) Permit. Brucellosis reactor swine shall be accompanied to 
destination by a permit.
    (d) Marking of records. Each person moving brucellosis reactor swine 
interstate shall, in the course of interstate movement, plainly write or 
stamp the words ``Brucellosis Reactor'' upon the face of any document 
that person prepares in connection with such movement.
    (e) Segregation en route. Brucellosis reactor swine shall not be 
moved interstate in any means of conveyance containing animals which are 
not brucellosis reactors unless all of the animals in the shipment are 
for immediate slaughter, or unless the brucellosis reactor swine are 
kept separate from other animals by a partition securely affixed to the 
sides of the means of conveyance.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 78.32  Brucellosis exposed swine.

    (a) Brucellosis exposed swine may be moved interstate only if 
accompanied by a permit and only for immediate slaughter as follows:
    (1) Directly to a recognized slaughtering establishment; or
    (2) Directly to a stockyard posted under the Packers and Stockyards 
Act, as amended (7 U.S.C. 181 et seq.), or directly to a market agency 
or dealer registered under the Packers and Stockyards Act, for sale to a 
recognized slaughtering establishment.
    (b) Brucellosis exposed swine from a herd known to be affected with 
brucellosis may be moved interstate from the

[[Page 234]]

herd known to be affected only if such swine are individually identified 
by attaching to the left ear a metal tag bearing a serial number and the 
inscription, ``U.S. Reactor,'' or a metal tag bearing a serial number 
designated by the State animal health official for identifying 
brucellosis reactors.

(Approved by the Office of Management and Budget under control number 
0589-0051)

[59 FR 12533, Mar. 17, 1994, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 78.33  Sows and boars.

    (a) Sows and boars may be moved in interstate commerce for slaughter 
or for sale for slaughter if they are identified in accordance with 
Sec. 71.19 of this chapter either:
    (1) Before being moved in interstate commerce and before being mixed 
with swine from any other source; or
    (2) After being moved in interstate commerce but before being mixed 
with swine from any other source only if they have been moved directly 
from their herd of origin to:
    (i) A recognized slaughtering establishment; or
    (ii) A stockyard, market agency, or dealer operating under the 
Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq.).
    (b) Sows and boars may be moved in interstate commerce for breeding 
only if they are identified in accordance with Sec. 71.19 of this 
chapter before being moved in interstate commerce and before being mixed 
with swine from any other source, and the sows and boars either:
    (1) Are from a validated brucellosis-free herd or a validated 
brucellosis-free State and are accompanied by a certificate that states, 
in addition to the items specified in Sec. 78.1, that the swine 
originated in a validated brucellosis-free herd or a validated 
brucellosis-free State; or
    (2) Have tested negative to an official test conducted within 30 
days prior to interstate movement and are accompanied by a certificate 
that states, in addition to the items specified in Sec. 78.1, the dates 
and results of the official tests.
    (c) Sows and boars may be moved in interstate commerce for purposes 
other than slaughter or breeding without restriction under this subpart 
if they are identified in accordance with Sec. 71.19 of this chapter.
[62 FR 27936, May 22, 1997]



Sec. 78.34  Other movements.

    The Administrator may, upon request in specific cases, permit the 
movement in interstate commerce of swine not otherwise provided for in 
this subpart under such conditions as the Administrator may prescribe in 
each case to prevent the spread of brucellosis. The Administrator shall 
promptly notify the State animal health officials of the States involved 
of any such action.
[51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991]



Secs. 78.35-78.39  [Reserved]



               Subpart E--Designation of Brucellosis Areas



Sec. 78.40  Designation of States/areas.

    The Administrator may amend Secs. 78.41 and 78.42 to reclassify 
States and areas as Class Free, Class A, Class B, Class C, or 
quarantined when the Administrator determines that the States or areas 
meet the appropriate definitions in Sec. 78.1. The Administrator may 
approve the division of a State into two brucellosis classification 
areas upon finding that: (a) The State has legislative and regulatory 
authority for maintaining separate areas; (b) The State has committed 
resources to enforcing the different requirements in each area; (c) The 
State has an effective method for monitoring and controlling movement of 
cattle across the intrastate boundary; (d) The State has defined the 
intrastate boundary by county lines or by recognizable geographic 
features, such as rivers and highways; and (e) Each area of the State 
meets the standards for the brucellosis classification requested. The 
Administrator may amend Sec. 78.43 to reclassify States as validated 
brucellosis-free States or remove such status when the Administrator 
determines that such States meet or do not meet the standards of a 
validated brucellosis-free State as defined in Sec. 78.1. In the

[[Page 235]]

case of any reclassification to a lower class, reclassification as a 
quarantined State or area, or removal of validated brucellosis-free 
status, the State animal health official of the State involved will be 
notified of such reclassification or removal, and will be given an 
opportunity to present objections and arguments to the Administrator 
prior to the reclassification or removal taking place.
[51 FR 32580, Sept. 12, 1986, as amended at 53 FR 2222, Jan. 27, 1988; 
56 FR 54533, Oct. 22, 1991; 56 FR 55803, Oct. 30, 1991]



Sec. 78.41  State/area classification.

    (a) Class Free. Alaska, Arizona, Arkansas, California, Colorado, 
Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, 
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, 
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode 
Island, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, 
Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
    (b) Class A. Alabama, Florida, Georgia, Kansas, Mississippi, 
Missouri, Oklahoma, South Dakota, and Texas.
    (c) Class B. None.
[51 FR 32580, Sept. 12, 1986]

    Editorial Note: For Federal Register citations affecting Sec. 78.41, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 78.42  Quarantined areas.

    None.



Sec. 78.43  Validated brucellosis-free States.

    Alaska, Arizona, California, Colorado, Connecticut, Delaware, 
Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, 
Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New 
York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto 
Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virgin 
Islands, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
[53 FR 4382, Feb. 16, 1988; 53 FR 21979, June 13, 1988, as amended at 53 
FR 24930, July 1, 1988; 53 FR 44180, Nov. 2, 1988; 55 FR 420, Jan. 5, 
1990; 55 FR 7883, Mar. 6, 1990; 55 FR 41995, Oct. 17, 1990; 55 FR 42354, 
Oct. 19, 1990; 56 FR 2127, Jan. 22, 1991; 56 FR 46109, Sept. 10, 1991; 
58 FR 11365, Feb. 25, 1993; 58 FR 28343, May 13, 1993; 58 FR 68506, Dec. 
28, 1993; 60 FR 67321, Dec. 29, 1995]



PART 79--SCRAPIE IN SHEEP AND GOATS--Table of Contents




Sec.
79.1  Definitions.
79.2  General restrictions.
79.3  Designation of scrapie-positive animals, source flocks, and 
          infected flocks; notice to owners; publication.

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b, and 
134f; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 57 FR 33631, July 30, 1992, unless otherwise noted.



Sec. 79.1  Definitions.

    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter 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, Animal and Plant Health Inspection 
Service, United States Department of Agriculture, or any employee of the 
United States Department of Agriculture authorized to act in his or her 
stead.
    Animal. A sheep or goat.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Breed associations and registries. Organizations which maintain the 
permanent records of ancestry or pedigrees of animals (including the 
animal's sire and dam), individual identification of animals, and 
ownership of animals.
    Exposed animal. Any animal which has been in the same flock at the 
same

[[Page 236]]

time within the previous 60 months as a scrapie-positive animal, 
excluding limited contacts. Limited contacts are contacts between 
animals that occur off the premises of the flock, and do not occur 
during or immediately after parturition for any of the animals involved. 
Limited contacts do not include commingling (when animals concurrently 
share the same pen or same section in a transportation unit where there 
is uninhibited physical contact).
    Flock. All animals maintained on any single premises; and all 
animals under common ownership or supervision on two or more premises 
which are geographically separated, but among which there is an 
interchange or movement of animals.
    Flock plan. A written flock management agreement designed by the 
owner of a flock, an accredited veterinarian, and a Veterinary Services 
representative or State representative in which each participant agrees 
to undertake actions specified in the flock plan to control the spread 
of scrapie from, and eradicate scrapie in, an infected flock, source 
flock, or trace flock. The flock plan shall require an epidemiologic 
investigation to identify high-risk animals that must be removed from 
the flock, and shall include other requirements found necessary by the 
APHIS representative or State representative to control scrapie in the 
flock. These other requirements may include, but are not limited to, 
cleaning and disinfection of flock premises, education of the owner of 
the flock and personnel working with the flock in techniques to 
recognize clinical signs of scrapie and control the spread of scrapie, 
and maintaining records of animals in the flock.
    High-risk animal. An animal which is:
    (1) The progeny of a scrapie-positive dam;
    (2) Born in the same flock during the same lambing season as progeny 
of a scrapie-positive dam, unless the progeny of the scrapie-positive 
dam are from separate contemporary lambing groups (groups that are 
managed as separate units and are not commingled during lambing and for 
60 days following the date the last lamb was born, and that do not use 
the same lambing facility unless the lambing facility is cleaned and 
disinfected between lambings by removing all organic matter and spraying 
the lambing facility with a 2 percent sodium hydroxide solution or 0.5 
percent sodium hypochlorite solution); or
    (3) Born during the same lambing season as a scrapie-positive ewe or 
ram in a source flock or trace flock.
    Infected flock. Any flock in which an APHIS representative or a 
State representative has determined an animal to be a scrapie-positive 
animal after March 31, 1989. A flock will no longer be an infected flock 
after it has completed the requirements of a flock plan.
    Permit. An official document (VS Form 1-27) issued by an APHIS 
representative that indicates the following: the shipper's or 
consignor's name and address; the consignee's name and address; the 
State where the permit was issued; points of origin and destination of 
the animals being moved interstate; purpose of the movement; number and 
species of animals covered by the permit; whether the animals are from 
an infected flock or a source flock; transportation vehicle license 
number or other identification number; and seal number.
    Scrapie-positive animal. An animal for which a diagnosis of scrapie 
has been made by the National Veterinary Services Laboratories, United 
States Department of Agriculture, or another laboratory authorized by 
the Administrator to conduct scrapie tests in accordance with this part, 
through histological examination of central nervous system samples from 
the animal for microscopic lesions in the form of neuronal vacuoles or 
spongy degeneration, or by the use of protease-resistant protein 
analysis or other confirmatory techniques used in conjunction with 
histological examination.
    Source flock. A flock in which an APHIS representative or a State 
representative has determined that at least two animals were born that 
were diagnosed as scrapie-positive animals at an age of 54 months or 
less. In order for the flock to be a source flock, the second scrapie-
positive diagnosis must have been made within 60 months of the first 
scrapie-positive diagnosis and after March 31, 1989. A flock will no 
longer be a source flock after it has

[[Page 237]]

completed the requirements of a flock plan.
    Source flock. A flock in which a Veterinary Services representative 
has determined that at least two animals, that were diagnosed as 
scrapie-positive animals at an age of 54 months or less, were born. In 
order to be a source flock, the second scrapie-positive diagnosis must 
be made within 60 months of the first scrapie-positive diagnosis. A 
flock will no longer be considered a source flock after it has completed 
the requirements of a flock plan.
    State. Each of the 50 States, the District of Columbia, the Northern 
Mariana Islands, Puerto Rico, and all territories or possessions of the 
United States.
    State representative. An individual employed in animal health 
activities by a State or political subdivision of a State, and who is 
authorized by the State or political subdivision to perform the function 
involved.
    Trace flock. A flock in which an APHIS representative or a State 
representative has determined that one animal was born that was 
diagnosed as a scrapie-positive animal at an age of 54 months or less. 
In order for the flock to be a trace flock, the scrapie-positive 
diagnosis must have been made after March 31, 1989. A flock will no 
longer be a trace flock after it has completed the requirements of a 
flock plan.

(Approved by the Office of Management and Budget under control number 
0579-0101)

[57 FR 33631, July 30, 1992, as amended at 59 FR 21921, Apr. 28, 1994]



Sec. 79.2  General restrictions.

    (a) Except as provided in paragraphs (a)(1) and (a)(2) of this 
section, no scrapie-positive animal, animal from an infected flock, or 
animal from a source flock may be moved interstate, unless the animal 
has been permanently identified with an indelible mark in the form of 
the letter ``S,'' at least 1" by 1", applied on the left jaw.
    (1) Animals less than 1 year of age may be moved interstate to 
slaughter from an infected flock or a source flock if the animals are 
moved in a means of conveyance sealed by an APHIS representative and are 
accompanied by a permit.
    (2) High-risk animals less than 1 year of age moving in slaughter 
channels and animals other than high-risk animals may be moved 
interstate if the animals are from infected flocks or source flocks 
meeting the following conditions: \1\
---------------------------------------------------------------------------


    \1\ Owners of flocks participating in the Voluntary Scrapie Flock 
Certification Program described in 9 CFR part 54 agree to follow the 
``Uniform Methods and Rules--Voluntary Scrapie Flock Certification'' 
(the UM&R), which include, among other requirements, the conditions in 
this section. Individual copies of the UM&R may be obtained from the 
Animal and Plant Health Inspection Service, Veterinary Services, Sheep, 
Goat, Equine, and Poultry Diseases, 4700 River Road Unit 43, Riverdale, 
Maryland 20737-1231; or from the American Sheep Industry Association, 
Producer Services, 6911 S. Yosemite Street, Englewood, CO 80112-1414, 
telephone (303) 771-3500.
---------------------------------------------------------------------------

    (i) The owner of the flock or his or her agent has signed an 
agreement with the Administrator in which the owner of the flock or his 
or her agent agrees to comply with the requirements of this section 
until the time the flock is no longer an infected flock or source flock.
    (ii) The owner of the flock or his or her agent shall immediately 
report to a State representative, APHIS representative, or an accredited 
veterinarian any animals in the flock exhibiting the following: weight 
loss despite retention of appetite; behavioral abnormalities; pruritus 
(itching); wool pulling; biting at legs or side; lip smacking; motor 
abnormalities such as incoordination, high stepping gait of forelimbs, 
bunny hop movement of rear legs, swaying of back end; increased 
sensitivity to noise and sudden movement; tremor, ``star gazing'', head 
pressing, recumbency, or other signs of neurological disease or chronic 
wasting illness. Such animals must not be removed from the flock without 
written permission of an APHIS representative or State representative.
    (iii) The owner of the flock or his or her agent shall identify all 
animals 1 year of age or over within the flock. All animals less than 1 
year of age will be identified when a change of ownership occurs, with 
the exception of those moving within slaughter channels. The

[[Page 238]]

form of identification shall be an electronic implant, flank tattoo, or 
ear tattoo, providing a unique identification number that may be applied 
by the owner of the flock or his or her agent in accordance with 
instructions by an APHIS representative, State representative, or an 
accredited veterinarian.
    (iv) The owner of the flock or his or her agent shall maintain, and 
keep for a minimum of 5 years after an animal dies or is otherwise 
removed from a flock, the following records for each animal in the 
flock: The animal's individual identification number from its electronic 
implant, flank tattoo, or ear tattoo, and any secondary form of 
identification the owner of the flock may choose to maintain; sex; 
breed; date of acquisition and source (previous flock), if the animal 
was not born in the flock; and disposition, including the date and cause 
of death, if known, or date of removal from the flock.
    (v) The owner of the flock or his or her agent shall allow breed 
associations and registries, livestock markets, and packers to disclose 
records to APHIS representatives or State representatives, to be used to 
trace source flocks and exposed animals.
    (vi) The owner of the flock or his or her agent shall make animals 
in the flock and records required to be kept under paragraph (a)(2)(iv) 
of this section available for inspection by APHIS representatives and 
State representatives, given reasonable prior notice.
    (vii) Upon request of an APHIS representative, the owner of the 
flock or his or her agent will have an accredited veterinarian collect 
and submit tissues from animals reported in accordance with paragraph 
(a)(2)(ii) of this section to a laboratory designated by an APHIS 
representative.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control number 
0579-0101)

[57 FR 33631, July 30, 1992, as amended at 59 FR 21921, Apr. 28, 1994; 
59 FR 67613, Dec. 30, 1994]



Sec. 79.3  Designation of scrapie-positive animals, source flocks, and infected flocks; notice to owners; publication.

    (a) An APHIS representative or State representative will determine 
an animal to be a scrapie-positive animal after determining that the 
animal has been diagnosed with scrapie in accordance with the definition 
of a scrapie-positive animal in Sec. 79.1 of this part. An APHIS 
representative or State representative will determine a flock to be a 
source flock after reviewing sale, movement, and breeding records that 
indicate the flock meets the definition of a source flock. An APHIS 
representative or State representative will determine a flock to be an 
infected flock after determining that a scrapie-positive animal is in 
the flock.
    (b) As soon as possible after making such a determination, an APHIS 
representative or State representative will attempt to notify the owner 
of the flock in writing that the flock contained a scrapie-positive 
animal, or is an infected flock, or source flock.\2\ The notice will 
include a description of the interstate movement restrictions and 
identification requirements contained in this part.
---------------------------------------------------------------------------


    \2\ A current list of flocks determined to be infected flocks or 
source flocks will be published in the Federal Register from time to 
time. This list may also be obtained from the Animal and Plant Health 
Inspection Service, Veterinary Services, Sheep, Goat, Equine, and 
Poultry Diseases, 4700 River Road Unit 43, Riverdale, Maryland 20737-
1231.

(Approved by the Office of Management and Budget under control number 
---------------------------------------------------------------------------
0579-0101)

[57 FR 33631, July 30, 1992, as amended at 59 FR 21922, Apr. 28, 1994; 
59 FR 67613, Dec. 30, 1994]



PART 80--PARATUBERCULOSIS IN DOMESTIC ANIMALS--Table of Contents




Sec.
80.1  Definitions.
80.2  Notice relating to existence of paratuberculosis.
80.3  General restrictions.
80.4  Movement of paratuberculosis reactors.
80.5  Reshipment of purebred paratuberculosis reactors.

[[Page 239]]

80.6  Marking of records.
80.7  Cleaning and disinfecting vehicles.
80.8  Segregation of paratuberculosis reactors en route interstate.
80.9  Certificates pertaining to movement of animals.

    Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and 125; 7 
CFR 2.22, 2.80, and 371.2(d).

    Source: 28 FR 5961, June 13, 1963, unless otherwise noted.



Sec. 80.1  Definitions.

    As used in this part, the following terms shall have the meanings 
set forth in this section except as otherwise clearly indicated.
    (a) Paratuberculosis. The infectious and communicable disease of 
domestic animals commonly known as Johne's disease and paratuberculosis.
    (b) State. Any State, Territory, the District of Columbia, or Puerto 
Rico.
    (c) Interstate. From one State into or through any other State.
    (d) Person. Any person, company, or corporation.
    (e) Moved. Shipped, transported or otherwise moved, or delivered or 
received for movement, by any person.
    (f)  [Reserved]
    (g) Federal inspector. An inspector of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, responsible 
for the performance of the function involved.
    (h) State inspector. An inspector regularly employed in livestock 
sanitary work of a State or political subdivision thereof, and who is 
authorized by such State or political subdivision to perform the 
function involved.
    (i) Accredited veterinarian. A veterinarian approved by the United 
States Department of Agriculture to perform the function involved.
    (j) Specifically approved stockyard.\1\ Premises where cattle or 
bison are assembled for sale or sale purposes and which meet the 
standards set forth in Sec. 71.20 of this chapter and are approved by 
the Deputy Administrator.
---------------------------------------------------------------------------


    \1\ Notices containing lists of specifically approved stockyards are 
published in the Federal Register. Lists of specifically approved 
stockyards also may be obtained from the State animal health official, 
State representatives, or Veterinary Services representatives.
---------------------------------------------------------------------------

[28 FR 5961, June 13, 1963, as amended at 29 FR 14490, Oct. 22, 1964; 38 
FR 18012, July 6, 1973; 51 FR 32600, Sept. 12, 1986; 62 FR 27937, May 
22, 1997]



Sec. 80.2  Notice relating to existence of paratuberculosis.

    On June 5, 1952, the Secretary of Agriculture issued a notice that 
the contagion of paratuberculosis exists in domestic animals in Puerto 
Rico and in each State of the Continental United States except Arizona, 
Maine, New Hampshire, Rhode Island, Utah, and Wyoming (17 FR 5260).



Sec. 80.3  General restrictions.

    Domestic animals affected with paratuberculosis may not be moved 
interstate except in compliance with the regulations in this part.



Sec. 80.4  Movement of paratuberculosis reactors.

    Domestic animals which have reacted to a test recognized by the 
Secretary of Agriculture for paratuberculosis may be moved interstate 
under this part for immediate slaughter direct to a recognized 
slaughtering establishment as defined in Sec. 78.1 of this chapter, or 
to a specifically approved stockyard for sale to such a slaughtering 
establishment, in accordance with the following requirements;
    (a) Cattle and other domestic animals that have reacted to such a 
test must be individually identified by attaching to the left ear an 
approved metal eartag bearing a serial number and the inscription ``U.S. 
Reactor'', or a similar State reactor tag. Cattle must also be:
    (1) Branded with the letter ``J,'' at least 5 by 5 centimeters (2 by 
2 inches) in size, high on the left hip near the tailhead; or
    (2) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (3) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.

[[Page 240]]

    (b) The reactors shall be accompanied to destination, in accordance 
with Sec. 80.9, by a certificate issued by a Federal or State inspector 
or an accredited veterinarian showing: (1) That the animals have reacted 
to a test recognized by the Secretary of Agriculture for 
paratuberculosis; (2) the reactor tag number for each animal and the 
name of the owner of such animal when it was tested for 
paratuberculosis; (3) that the animals may be moved interstate; (4) the 
destination to which they are to be moved; and (5) the purpose for which 
they are moved.
[28 FR 5961, June 13, 1963, as amended at 38 FR 18012, July 6, 1973; 51 
FR 32600, Sept. 12, 1986; 60 FR 48368, Sept. 19, 1995]



Sec. 80.5  Reshipment of purebred paratuberculosis reactors.

    Purebred animals which have been moved interstate for breeding 
purposes, and which, subsequent to such movement, have reacted to a test 
recognized by the Secretary of Agriculture for paratuberculosis, may be 
reshipped interstate under this part for purposes other than immediate 
slaughter in accordance with the requirements set forth in paragraphs 
(a) and (b) of Sec. 80.4 and with the following additional requirements:
    (a) The reactors shall be returned to the point of origin, consigned 
to the original owner.
    (b) Test charts for the original test and any subsequent retest, 
showing that such tests were properly conducted, shall be submitted for 
examination to the person who issues the certificate required by 
Sec. 80.4(b).
    (c) The reactors shall not be shipped to any State without specific 
provision by the appropriate livestock sanitary official thereof for the 
segregation or quarantine of such reactors until their death by 
slaughter or from natural causes.
    (d) The reactors, after return to the point of origin, shall not 
again be moved interstate except for immediate slaughter in accordance 
with the provisions of Sec. 80.4.



Sec. 80.6  Marking of records.

    Each transportation agency moving paratuberculosis reactors in the 
course of their interstate movement shall plainly write or stamp upon 
the face of each waybill, conductor's manifest, switch order, vehicle 
interchange record, and similar record, which it prepares in connection 
with such movement, the words ``Paratuberculosis Reactors'' and a 
statement to the effect that the railroad car, boat, truck or vehicle, 
in which the animals are transported is to be cleaned and disinfected.



Sec. 80.7  Cleaning and disinfecting vehicles.

    (a) Each railroad car, boat, truck, or other vehicle, in which 
paratuberculosis reactors are transported interstate shall be cleaned 
and disinfected in accordance with the provisions of Secs. 71.6, 71.7, 
71.10, and 71.11 of this subchapter: Provided, however, That such 
vehicles may be cleaned and disinfected under the supervision of a 
Federal or State inspector or an accredited veterinarian: And provided, 
further, That if such supervision or proper cleaning and disinfection 
facilities are not available at the point where the animals are 
unloaded, upon permission first secured from the Veterinary Services 
unit of the Animal and Plant Health Inspection Service, United States 
Department of Agriculture, the vehicle may be forwarded empty to a point 
at which such supervision and facilities are available and there be 
cleaned and disinfected.
    (b) Each railroad car, boat, truck, or other vehicle, from which 
paratuberculosis reactors moved interstate are transferred en route to 
destination, shall be cleaned and disinfected, by the transportation 
agency delivering the vehicle to such point of transfer, under the 
supervision of a Federal or State inspector or an accredited 
veterinarian, immediately after unloading of the animals and before 
being moved from such point of transfer, in accordance with the 
provisions of Secs. 71.6, 71.7, 71.10, and 71.11 of this subchapter: 
Provided, however, That if such supervision or proper cleaning and 
disinfection facilities are not available at such point of transfer, 
upon having first secured permission from Veterinary Services, the 
vehicle may be forwarded empty to a point at which such supervision and 
facilities

[[Page 241]]

are available and there be cleaned and disinfected.

(23 Stat. 31, 33; 41 Stat. 699; sec. 2, 65 Stat. 693; sec. 3, 32 Stat. 
791, 792; secs. 1, 2, and 4, 33 Stat. 1264; secs. 3, and 11, 76 Stat. 
130 and 132; 21 U.S.C. 116, 122-4, 126, 134b, 134f)
[28 FR 5961, June 13, 1963, as amended at 36 FR 24112, Dec. 21, 1971]



Sec. 80.8  Segregation of paratuberculosis reactors en route interstate.

    Paratuberculosis reactors shall not be moved interstate in a 
railroad car, boat, truck, or other vehicle, containing healthy animals 
susceptible to paratuberculosis unless all of the animals are for 
immediate slaughter, or unless the reactors are kept separate from the 
other animals by a partition securely affixed to the sides of the 
vehicle.



Sec. 80.9  Certificates pertaining to movement of animals.

    (a) Whenever the regulations in this part require a certificate in 
connection with the movement of animals and the animals are moved by a 
transportation agency issuing waybills or other forms of billing 
covering the movement, the certificate shall be delivered to such 
transportation agency by the shipper at the time the animals are 
delivered for shipment; shall become the property of the transportation 
agency; shall be attached to the billing by the transportation agency; 
shall accompany such billing to the destination of the animals; and 
shall be filed with such billing for future reference.
    (b) Whenever the regulations in this part require a certificate in 
connection with the movement of animals and the animals are moved by a 
transportation agency not issuing waybills or other forms of billing, or 
moved by any other means, the certificate shall accompany the animals to 
their destination and be delivered to the consignee, or, in case the 
consignor and consignee are the same person, to the first person 
purchasing during or after such movement, or to the person to whom the 
animals are delivered.



PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS--Table of Contents




                Subpart A--Exotic Newcastle Disease (END)

82.1  Definitions.
82.2  Criteria for determining birds or poultry to be infected with, 
          exposed to, or free from END.
82.3  Quarantined areas.
82.4  General provisions.
82.5  Interstate movement of live birds and live poultry from a 
          quarantined area.
82.6  Interstate movement of dead birds and dead poultry from a 
          quarantined area.
82.7  Interstate movement of manure and litter from a quarantined area.
82.8  Interstate movement of eggs, other than hatching eggs, from a 
          quarantined area.
82.9  Interstate movement of hatching eggs from a quarantined area.
82.10  Interstate movement of vehicles, cages, coops, containers, 
          troughs, and other equipment from a quarantined area.
82.11  Issuance of permits.
82.12  Other interstate movements and special permits.
82.13  Denial and withdrawal of permits and special permits.
82.14  Removal of quarantine.
82.15  Replacement birds and poultry.

                   Subpart B--Chlamydiosis in Poultry

82.19  Definitions.
82.20  General restrictions.
82.21  Vehicles, cages, coops, containers, troughs, and other equipment 
          used for infected poultry.
82.22  Cleaning and disinfecting premises.
82.23  Issuance of permits.
82.24  Other interstate movements and special permits.
82.25  Denial and withdrawal of permits and special permits.

  Subpart C--Poultry Disease Caused by Salmonella Enteritidis Serotype 
                               Enteritidis

82.30  Definitions.
82.31  Applicability.
82.32  Identification of study flocks, test poultry houses, test flocks, 
          infected poultry houses, and infected flocks.
82.33  Interstate movement or export of articles from test poultry 
houses, test flocks, infected poultry houses, and infected

[[Page 242]]

flocks.
82.34  Interstate movement of hatching eggs and newly-hatched chicks.
82.35  Issuance of permits.
82.36  Denial and withdrawal of permits.
82.37  Cleaning, washing, and disinfection of depopulated infected 
          poultry houses.
82.38  Monitoring other poultry houses on premises containing infected 
          poultry houses; monitoring poultry houses released from 
          infected poultry house status.

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a, 134b, 
and 134f; 7 CFR 2.18, 2.22, 2.53, 2.80, and 371.2(d).

    Source: 61 FR 56883, Nov. 5, 1996, unless otherwise noted.



                Subpart A--Exotic Newcastle Disease (END)



Sec. 82.1  Definitions.

    As used in connection with this subpart, the following terms shall 
have the meaning set forth in this section.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture.
    Bird. Any member of the class aves other than poultry.
    Dressed carcasses. Carcasses of birds or poultry that have been 
eviscerated, with heads and feet removed.
    END. Any velogenic Newcastle disease. END is an acute, rapidly 
spreading, and usually fatal viral disease of birds and poultry.
    Exposed. At risk of developing END because of association with birds 
or poultry infected with END, excrement from birds or poultry infected 
with END, or other material touched by birds or poultry infected with 
END, or because there is reason to believe that association has occurred 
with END or vectors of END, as determined by either a Federal 
veterinarian or a State veterinarian.
    Federal representative. An individual employed and authorized by the 
Federal government to perform the tasks required by this subpart.
    Federal veterinarian. A veterinarian employed and authorized by the 
Federal government to perform the tasks required by this subpart.
    Hatching eggs. Eggs in which birds or poultry are allowed to 
develop.
    Infected. Affected by the virus or bacterium that causes the 
specified disease.
    Interstate. From one State into or through any other State.
    Known to be exposed. Determined by either a Federal veterinarian or 
a State veterinarian to be at risk of developing END because of 
association with birds or poultry infected with END, excrement from 
birds or poultry infected with END, or other material touched by birds 
or poultry infected with END, or because there is reason to believe that 
association has occurred with END or vectors of END, as determined by 
either a Federal veterinarian or a State veterinarian.
    Known to be infected. Determined by either a Federal veterinarian or 
a State veterinarian to be affected by the virus or bacterium that 
causes the specified disease.
    Litter. Material that is used to collect and absorb bodily wastes 
from birds or poultry.
    Moved. Shipped, transported or otherwise moved, or delivered or 
received for movement, by any person.
    Official seal. A serially numbered metal or plastic strip, 
consisting of a self-locking device on one end and a slot on the other 
end, that forms a loop when the ends are engaged and that cannot be 
reused if opened, or a serially numbered, self-locking button that can 
be used for this purpose.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Pet bird. Any bird that is kept for personal pleasure and is not for 
sale.
    Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, 
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
    Recognized slaughtering establishment. Any slaughtering facility 
operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), 
the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or State 
meat or poultry inspection acts.

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    Render. Reduce, convert, or melt down by heating to a temperature of 
at least 230  deg.F so that oil is removed.
    State. Each of the States of the United States, the District of 
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin 
Islands of the United States, or any other territory or possession of 
the United States.
    State animal health official. The State official responsible for 
livestock- and poultry-disease control and eradication programs.
    State representative. An individual employed in animal health work 
and authorized by a State or political subdivision of a State to perform 
the tasks required by