<GRANULENUM/> <ANCESTORS/> </FDSYS> <CHAPTER> <SUBCHAP TYPE="N"> <PRTPAGE P="7"/> <HD SOURCE="HED">SUBCHAPTER A—ANIMAL WELFARE</HD> <PART> <EAR>Pt. 1</EAR> <HD SOURCE="HED">PART 1—DEFINITION OF TERMS</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g). </AUTH> <SECTION> <SECTNO>§ 1.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> 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. <E T="03">Act</E> 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. <E T="03">Activity</E> 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. <E T="03">Administrative unit</E> means the organizational or management unit at the departmental level of a research facility. <E T="03">Administrator</E> 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. <E T="03">Ambient temperature</E> means the air temperature surrounding the animal. <E T="03">Animal</E> 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 <E T="03">Rattus</E> and mice of the genus <E T="03">Mus</E> 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. <E T="03">Animal act</E> 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. <E T="03">APHIS</E> means the Animal and Plant Health Inspection Service, United States Department of Agriculture. <E T="03">APHIS official</E> 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. <E T="03">APHIS, REAC Sector Supervisor</E> 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. <E T="03">Attending veterinarian</E> 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.<PRTPAGE P="8"/> <E T="03">Business hours</E> 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. <E T="03">Business year</E> means the 12-month period during which business is conducted, and may be either on a calendar or fiscal-year basis. <E T="03">Carrier</E> 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. <E T="03">Cat</E> means any live or dead cat (Felis catus) or any cat-hybrid cross. <E T="03">Class “A” licensee</E> (breeder) means a person subject to the licensing requirements under part 2 and meeting the definition of a “dealer” (§ 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. <E T="03">Class “B” licensee</E> means a person subject to the licensing requirements under part 2 and meeting the definition of a “dealer” (§ 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. <E T="03">Class “C” licensee</E> (exhibitor) means a person subject to the licensing requirements under part 2 and meeting the definition of an “exhibitor” (§ 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. <E T="03">Commerce</E> 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. <E T="03">Committee</E> 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. <E T="03">Dealer</E> 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. <E T="03">Department</E> means the U.S. Department of Agriculture. <E T="03">Deputy Administrator</E> 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. <E T="03">Dog</E> means any live or dead dog (<E T="03">Canis familiaris</E>) or any dog-hybrid cross.<PRTPAGE P="9"/> <E T="03">Dwarf hamster</E> 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. <E T="03">Endangered species</E> means those species defined in the Endangered Species Act (16 U.S.C. 1531 <E T="03">et seq.</E>) and as it may be subsequently amended. <E T="03">Euthanasia</E> 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 <E T="03">Exhibitor</E> 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. <E T="03">Exotic animal</E> 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. <E T="03">Farm animal</E> 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. <E T="03">Federal agency</E> 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. <E T="03">Federal award</E> 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. <E T="03">Federal research facility</E> means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation. <E T="03">Field study</E> 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. <E T="03">Handling</E> 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. <E T="03">Housing facility</E> means any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals. <E T="03">Hybrid cross</E> means an animal resulting from the crossbreeding between <PRTPAGE P="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. <E T="03">Impervious surface</E> 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. <E T="03">Indoor housing facility</E> 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). <E T="03">Intermediate handler</E> 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. <E T="03">Inspector</E> 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. <E T="03">Institutional official</E> 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. <E T="03">Isolation</E> 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. <E T="03">Licensed veterinarian</E> 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. <E T="03">Licensee</E> means any person licensed according to the provisions of the Act and the regulations in part 2 of this subchapter. <E T="03">Major operative procedure</E> means any surgical intervention that penetrates and exposes a body cavity or any procedure which produces permanent impairment of physical or physiological functions. <E T="03">Minimum horizontal dimension</E> (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. <E T="03">Mobile or traveling housing facility</E> means a transporting vehicle such as a truck, trailer, or railway car, used to house animals while traveling for exhibition or public education purposes. <E T="03">Nonconditioned animals</E> means animals which have not been subjected to special care and treatment for sufficient time to stabilize, and where necessary, to improve their health. <E T="03">Nonhuman primate</E> means any nonhuman member of the highest order of mammals including prosimians, monkeys, and apes. <E T="03">Operator of an auction sale</E> means any person who is engaged in operating an auction at which animals are purchased or sold in commerce. <E T="03">Outdoor housing facility</E> means any structure, building, land, or premise, housing or intended to house animals, <PRTPAGE P="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. <E T="03">Painful procedure</E> 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. <E T="03">Paralytic drug</E> 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. <E T="03">Person</E> means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. <E T="03">Pet animal</E> 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. <E T="03">Positive physical contact</E> means petting, stroking, or other touching, which is beneficial to the well-being of the animal. <E T="03">Pound or shelter</E> 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. <E T="03">Primary conveyance</E> means the main method of transportation used to convey an animal from origin to destination, such as a motor vehicle, plane, ship, or train. <E T="03">Primary enclosure</E> 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. <E T="03">Principal investigator</E> 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. <E T="03">Quorum</E> means a majority of the Committee members. <E T="03">Random source</E> 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. <E T="03">Registrant</E> 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. <E T="03">Research facility</E> 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: <E T="03">Provided,</E> 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. <E T="03">Retail pet store</E> 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, <PRTPAGE P="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. <E T="03">Sanitize</E> means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health. <E T="03">Secretary</E> means the Secretary of Agriculture of the United States or his representative who shall be an employee of the Department. <E T="03">Sheltered housing facility</E> 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. <E T="03">Standards</E> 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. <E T="03">State</E> 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. <E T="03">Study area</E> 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. <E T="03">Transporting device</E> 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. <E T="03">Transporting vehicle</E> means any truck, car, trailer, airplane, ship, or railroad car used for transporting animals. <E T="03">Weaned</E> 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. <E T="03">Wild animal</E> 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. <E T="03">Wild state</E> means living in its original, natural condition; not domesticated. <E T="03">Zoo</E> 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. <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 2</EAR> <HD SOURCE="HED">PART 2—REGULATIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Licensing</HD> <SECHD>Sec.</SECHD> <SECTNO>2.1</SECTNO> <SUBJECT>Requirements and application.</SUBJECT> <SECTNO>2.2</SECTNO> <SUBJECT>Acknowledgement of regulations and standards.</SUBJECT> <SECTNO>2.3</SECTNO> <SUBJECT>Demonstration of compliance with standards and regulations.</SUBJECT> <SECTNO>2.4</SECTNO> <SUBJECT>Non-interference with APHIS officials.</SUBJECT> <SECTNO>2.5</SECTNO> <SUBJECT>Duration of license and termination of license.</SUBJECT> <SECTNO>2.6</SECTNO> <SUBJECT>Annual license fees.</SUBJECT> <SECTNO>2.7</SECTNO> <SUBJECT>Annual report by licensees.</SUBJECT> <SECTNO>2.8</SECTNO> <SUBJECT>Notification of change of name, address, control, or ownership of business.</SUBJECT> <SECTNO>2.9</SECTNO> <SUBJECT>Officers, agents, and employees of licensees whose licenses have been suspended or revoked.</SUBJECT> <SECTNO>2.10</SECTNO> <SUBJECT>Licensees whose licenses have been suspended or revoked.</SUBJECT> <SECTNO>2.11</SECTNO> <SUBJECT>Denial of initial license application.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Registration</HD> <SECTNO>2.25</SECTNO> <SUBJECT>Requirements and procedures.</SUBJECT> <SECTNO>2.26</SECTNO> <SUBJECT>Acknowledgement of regulations and standards.</SUBJECT> <SECTNO>2.27</SECTNO> <SUBJECT>Notification of change of operation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Research Facilities</HD> <SECTNO>2.30</SECTNO> <SUBJECT>Registration.</SUBJECT> <SECTNO>2.31</SECTNO> <SUBJECT>Institutional Animal Care and Use <PRTPAGE P="13"/>Committee (IACUC).</SUBJECT> <SECTNO>2.32</SECTNO> <SUBJECT>Personnel qualifications.</SUBJECT> <SECTNO>2.33</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care.</SUBJECT> <SECTNO>2.34</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>2.35</SECTNO> <SUBJECT>Recordkeeping requirements.</SUBJECT> <SECTNO>2.36</SECTNO> <SUBJECT>Annual report.</SUBJECT> <SECTNO>2.37</SECTNO> <SUBJECT>Federal research facilities.</SUBJECT> <SECTNO>2.38</SECTNO> <SUBJECT>Miscellaneous.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Attending Veterinarian and Adequate Veterinary Care</HD> <SECTNO>2.40</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care (dealers and exhibitors).</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Identification of Animals</HD> <SECTNO>2.50</SECTNO> <SUBJECT>Time and method of identification.</SUBJECT> <SECTNO>2.51</SECTNO> <SUBJECT>Form of official tag.</SUBJECT> <SECTNO>2.52</SECTNO> <SUBJECT>How to obtain tags.</SUBJECT> <SECTNO>2.53</SECTNO> <SUBJECT>Use of tags.</SUBJECT> <SECTNO>2.54</SECTNO> <SUBJECT>Lost tags.</SUBJECT> <SECTNO>2.55</SECTNO> <SUBJECT>Removal and disposal of tags.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Stolen Animals</HD> <SECTNO>2.60</SECTNO> <SUBJECT>Prohibition on the purchase, sale, use, or transportation of stolen animals.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Records</HD> <SECTNO>2.75</SECTNO> <SUBJECT>Records: Dealers and exhibitors.</SUBJECT> <SECTNO>2.76</SECTNO> <SUBJECT>Records: Operators of auction sales and brokers.</SUBJECT> <SECTNO>2.77</SECTNO> <SUBJECT>Records: Carriers and intermediate handlers.</SUBJECT> <SECTNO>2.78</SECTNO> <SUBJECT>Health certification and identification.</SUBJECT> <SECTNO>2.79</SECTNO> <SUBJECT>C.O.D. shipments.</SUBJECT> <SECTNO>2.80</SECTNO> <SUBJECT>Records, disposition.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Compliance With Standards and Holding Period</HD> <SECTNO>2.100</SECTNO> <SUBJECT>Compliance with standards.</SUBJECT> <SECTNO>2.101</SECTNO> <SUBJECT>Holding period.</SUBJECT> <SECTNO>2.102</SECTNO> <SUBJECT>Holding facility.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Miscellaneous</HD> <SECTNO>2.125</SECTNO> <SUBJECT>Information as to business; furnishing of same by dealers, exhibitors, operators of auction sales, intermediate handlers, and carriers.</SUBJECT> <SECTNO>2.126</SECTNO> <SUBJECT>Access and inspection of records and property.</SUBJECT> <SECTNO>2.127</SECTNO> <SUBJECT>Publication of names of persons subject to the provisions of this part.</SUBJECT> <SECTNO>2.128</SECTNO> <SUBJECT>Inspection for missing animals.</SUBJECT> <SECTNO>2.129</SECTNO> <SUBJECT>Confiscation and destruction of animals.</SUBJECT> <SECTNO>2.130</SECTNO> <SUBJECT>Minimum age requirements.</SUBJECT> <SECTNO>2.131</SECTNO> <SUBJECT>Handling of animals.</SUBJECT> <SECTNO>2.132</SECTNO> <SUBJECT>Procurement of random source dogs and cats, dealers.</SUBJECT> <SECTNO>2.133</SECTNO> <SUBJECT>Certification for random source dogs and cats.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 54 FR 36147, Aug. 31, 1989, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Licensing</HD> <SECTION> <SECTNO>§ 2.1</SECTNO> <SUBJECT>Requirements and application.</SUBJECT> (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 § 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: <E T="03">Provided, That,</E> Anyone wholesaling any animals, selling any animals for research or exhibition, or selling any wild, exotic, or nonpet animals retail, must have a license;<PRTPAGE P="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 §§ 2.10 and 2.11, when the applicant: (1) Has met the requirements of this section and of §§ 2.2 and 2.3; and (2) Has paid the application fee of $10 and the annual license fee indicated in § 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 § 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, <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.2</SECTNO> <SUBJECT>Acknowledgement of regulations and standards.</SUBJECT> (a) <E T="03">Application for initial license.</E> 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) <E T="03">Application for license renewal.</E> 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. <CITA>[60 FR 13895, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.3</SECTNO> <SUBJECT>Demonstration of compliance with standards and regulations.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.4</SECTNO> <SUBJECT>Non-interference with APHIS officials.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.5</SECTNO> <SUBJECT>Duration of license and termination of license.</SUBJECT> (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.<PRTPAGE P="16"/> (4) The applicant has failed to pay the application fee and the annual license fee as required in §§ 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 § 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 § 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 § 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. <CITA>[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13895, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.6</SECTNO> <SUBJECT>Annual license fees.</SUBJECT> (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 § 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, <PRTPAGE P="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: <GPOTABLE CDEF="s10,8,8" COLS="3" OPTS="L2,i1"> <TTITLE> <E T="04">Table</E> 1—<E T="04">Dealers, Brokers and Operators of an Auction Sale Class “A” and “B” License</E> </TTITLE> <BOXHD> <CHED H="1">Over</CHED> <CHED H="1">But Not Over</CHED> <CHED H="1">Fee</CHED> </BOXHD> <ROW> <ENT I="01">$0 </ENT> <ENT>$500 </ENT> <ENT>$30</ENT> </ROW> <ROW> <ENT I="01">500 </ENT> <ENT>2,000 </ENT> <ENT>60</ENT> </ROW> <ROW> <ENT I="01">2,000 </ENT> <ENT>10,000 </ENT> <ENT>120</ENT> </ROW> <ROW> <ENT I="01">10,000 </ENT> <ENT>25,000 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">25,000 </ENT> <ENT>50,000 </ENT> <ENT>350</ENT> </ROW> <ROW> <ENT I="01">50,000 </ENT> <ENT>100,000 </ENT> <ENT>475</ENT> </ROW> <ROW> <ENT I="01">100,000 </ENT> <ENT/> <ENT>750</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s50,5" COLS="2" OPTS="L2,i1"> <TTITLE> <E T="04">Table</E> 2—<E T="04">Exhibitors—Class “C” License</E> </TTITLE> <BOXHD> <CHED H="1">Number of Animals</CHED> <CHED H="1">Fee</CHED> </BOXHD> <ROW> <ENT I="01">1 to 5 </ENT> <ENT>$30</ENT> </ROW> <ROW> <ENT I="01">6 to 25 </ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">26 to 50 </ENT> <ENT>175</ENT> </ROW> <ROW> <ENT I="01">51 to 500 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">501 and up </ENT> <ENT>300</ENT> </ROW> </GPOTABLE> (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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.7</SECTNO> <SUBJECT>Annual report by licensees.</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.8</SECTNO> <SUBJECT>Notification of change of name, address, control, or ownership of business.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.9</SECTNO> <SUBJECT>Officers, agents, and employees of licensees whose licenses have been suspended or revoked.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.10</SECTNO> <SUBJECT>Licensees whose licenses have been suspended or revoked.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.11</SECTNO> <SUBJECT>Denial of initial license application.</SUBJECT> (a) A license will not be issued to any applicant who: (1) Has not complied with the raquirements of §§ 2.1, 2.2, 2.3, and 2.4 and has not paid the fees indicated in § 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 § 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. </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="19"/> <HD SOURCE="HED">Subpart B—Registration</HD> <SECTION> <SECTNO>§ 2.25</SECTNO> <SUBJECT>Requirements and procedures.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.26</SECTNO> <SUBJECT>Acknowledgment of regulations and standards.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.27</SECTNO> <SUBJECT>Notification of change of operation.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Research Facilities</HD> <SECTION> <SECTNO>§ 2.30</SECTNO> <SUBJECT>Registration.</SUBJECT> (a) <E T="03">Requirements and procedures.</E> (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 <PRTPAGE P="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) <E T="03">Acknowledgment of regulations and standards.</E> 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) <E T="03">Notification of change of operation.</E> (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. </SECTION> <SECTION> <SECTNO>§ 2.31</SECTNO> <SUBJECT>Institutional Animal Care and Use Committee (IACUC).</SUBJECT> (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;<PRTPAGE P="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; <E T="03">Provided, however,</E> 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; <E T="03">Provided, however,</E> That the IACUC may determine the best means of conducting evaluations of the research facility's programs and facilities; and <E T="03">Provided, further,</E> 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 <E T="03">ad hoc</E> 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; <E T="03">Provided, however,</E> 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 <PRTPAGE P="22"/>or slight pain or distress to the animals, and has provided a written narrative description of the methods and sources, <E T="03">e. g.</E>, 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, § 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 <PRTPAGE P="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. <CITA>[54 FR 36147, August 31, 1989, as amended by 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.32</SECTNO> <SUBJECT>Personnel qualifications.</SUBJECT> (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 § 2.31.<PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.33</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care.</SUBJECT> (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; <E T="03">Provided, however,</E> 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; <E T="03">Provided, however,</E> That daily observation of animals may be accomplished by someone other than the attending veterinarian; and <E T="03">Provided, further,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.34</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 2.35</SECTNO> <SUBJECT>Recordkeeping requirements.</SUBJECT> (a) The research facility shall maintain the following IACUC records:<PRTPAGE P="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 § 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 § 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; <E T="03">Provided, however,</E> That, except as provided in § 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.<PRTPAGE P="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. <CITA>[54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 60 FR 13895, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.36</SECTNO> <SUBJECT>Annual report.</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.37</SECTNO> <SUBJECT>Federal research facilities.</SUBJECT> 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 § 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. </SECTION> <SECTION> <SECTNO>§ 2.38</SECTNO> <SUBJECT>Miscellaneous.</SUBJECT> (a) <E T="03">Information as to business: furnishing of same by research facilities.</E> 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) <E T="03">Access and inspection of records and property.</E> (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) <E T="03">Publication of names of research facilities subject to the provisions of this part.</E> APHIS will publish lists of research facilities registered in accordance with the provisions of this subpart in the <E T="04">Federal Register</E>. The lists may be obtained upon request from the APHIS, REAC Sector Supervisor. (d) <E T="03">Inspection for missing animals.</E> 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) <E T="03">Confiscation and destruction of animals.</E> (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 <PRTPAGE P="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) <E T="03">Handling.</E> (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; <E T="03">Provided, however:</E> 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) <E T="03">Identification of dogs and cats.</E> (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 § 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<FR>1/4</FR> inches in diameter, or oblong and flat in shape and not less than 2 inches by <FR>3/4</FR> 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.<SU>1</SU> <FTREF/> At the time the research facility is registered, <PRTPAGE P="29"/>the Department will assign identification letters and numbers to be used on the official tags. <FTNT> <SU>1</SU> 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. </FTNT> (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) <E T="03">Health certification.</E> (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) <E T="03">Holding of animals.</E> If any research facility obtains prior approval of the APHIS, REAC Sector Supervisor, it may arrange to have another person hold animals: <E T="03">Provided,</E> 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) <E T="03">Holding period.</E> 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 <PRTPAGE P="30"/>facilities shall comply with the identification of animals requirements set forth in § 2.38(g) during this period. (k) <E T="03">Compliance with standards and prohibitions.</E> (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; <E T="03">Provided, however</E>, 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 § 2.133 of subpart I of this part. <CITA>[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]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Attending Veterinarian and Adequate Veterinary Care</HD> <SECTION> <SECTNO>§ 2.40</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care (dealers and exhibitors).</SUBJECT> (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; <E T="03">Provided, however,</E> That daily observation of animals may be accomplished by someone other than the attending veterinarian; and <E T="03">Provided, further,</E> 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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Identification of Animals</HD> <SECTION> <SECTNO>§ 2.50</SECTNO> <SUBJECT>Time and method of identification.</SUBJECT> (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 § 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 <PRTPAGE P="31"/>cats <SU>2</SU> <FTREF/>, or shall be identified by a distinctive and legible tattoo marking acceptable to and approved by the Administrator. <FTNT> <SU>2</SU> 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. </FTNT> (2) Live puppies or kittens, less than 16 weeks of age, shall be identified by: (i) An official tag as described in § 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 § 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 § 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 <SU>3</SU> <FTREF/>; or <FTNT> <SU>3</SU> See footnote 2 in § 2.50(a)(1). </FTNT> (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 §§ 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 § 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 § 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 § 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 <PRTPAGE P="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 §§ 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 § 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. </SECTION> <SECTION> <SECTNO>§ 2.51</SECTNO> <SUBJECT>Form of official tag.</SUBJECT> (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<FR>1/4</FR> inches in diameter, or (2) Oblong and flat in shape, not less than 2 inches by <FR>3/4</FR> 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 T="03">e.g.,</E> 39-AB); and (3) Numbers identifying the animal (<E T="03">e.g.,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.52</SECTNO> <SUBJECT>How to obtain tags.</SUBJECT> Dealers or exhibitors may obtain, at their own expense, official tags from commercial tag manufacturers.<SU>4</SU> <FTREF/> 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. <FTNT> <SU>4</SU> 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. </FTNT> </SECTION> <SECTION> <SECTNO>§ 2.53</SECTNO> <SUBJECT>Use of tags.</SUBJECT> Official tags obtained by a dealer, exhibitor, or research facility, shall be applied to dogs or cats in the manner set forth in § 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. </SECTION> <SECTION> <SECTNO>§ 2.54</SECTNO> <SUBJECT>Lost tags.</SUBJECT> 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 <PRTPAGE P="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 § 2.50, and record the tag number on the official records. </SECTION> <SECTION> <SECTNO>§ 2.55</SECTNO> <SUBJECT>Removal and disposal of tags.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Stolen Animals</HD> <SECTION> <SECTNO>§ 2.60</SECTNO> <SUBJECT>Prohibition on the purchase, sale, use, or transportation of stolen animals.</SUBJECT> No person shall buy, sell, exhibit, use for research, transport, or offer for transportation, any stolen animal. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Records</HD> <SECTION> <SECTNO>§ 2.75</SECTNO> <SUBJECT>Records: Dealers and exhibitors.</SUBJECT> (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 §§ 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: <E T="03">Provided,</E> 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.<PRTPAGE P="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 § 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: <E T="03">Provided, however,</E> that, except as provided in § 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 § 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; <E T="03">Provided, however</E>, That information which <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.76</SECTNO> <SUBJECT>Records: Operators of auction sales and brokers.</SUBJECT> (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 §§ 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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.77</SECTNO> <SUBJECT>Records: Carriers and intermediate handlers.</SUBJECT> (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 § 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 § 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 § 2.79, tendered with each live dog, cat, or nonhuman primate. </SECTION> <SECTION> <SECTNO>§ 2.78</SECTNO> <SUBJECT>Health certification and identification.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[54 FR 36147, August 31, 1989, as amended at 59 FR 67612, Dec. 30, 1994; 60 FR 13896, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.79</SECTNO> <SUBJECT>C.O.D. shipments.</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.80</SECTNO> <SUBJECT>Records, disposition.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Compliance With Standards and Holding Period</HD> <SECTION> <SECTNO>§ 2.100</SECTNO> <SUBJECT>Compliance with standards.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.101</SECTNO> <SUBJECT>Holding period.</SUBJECT> (a) Any live dog or cat acquired by a dealer <SU>5</SU> <FTREF/> 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: <E T="03">Provided, however:</E> <FTNT> <SU>5</SU> An operator of an auction sale is not considered to have acquired a dog or cat which is sold through the auction sale. </FTNT> (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;<PRTPAGE P="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 § 2.131. </SECTION> <SECTION> <SECTNO>§ 2.102</SECTNO> <SUBJECT>Holding facility.</SUBJECT> (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 § 2.101: <E T="03">Provided,</E> 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 § 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: <E T="03">Provided,</E> 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. <CITA>[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13896, Mar. 15, 1995]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Miscellaneous</HD> <SECTION> <SECTNO>§ 2.125</SECTNO> <SUBJECT>Information as to business; furnishing of same by dealers, exhibitors, operators of auction sales, intermediate handlers, and carriers.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.126</SECTNO> <SUBJECT>Access and inspection of records and property.</SUBJECT> (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. </SECTION> <SECTION> <PRTPAGE P="39"/> <SECTNO>§ 2.127</SECTNO> <SUBJECT>Publication of names of persons subject to the provisions of this part.</SUBJECT> APHIS will publish lists of persons licensed or registered in accordance with the provisions of this part in the <E T="04">Federal Register.</E> The lists may be obtained upon request from the APHIS, REAC Sector Supervisor. </SECTION> <SECTION> <SECTNO>§ 2.128</SECTNO> <SUBJECT>Inspection for missing animals.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.129</SECTNO> <SUBJECT>Confiscation and destruction of animals.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.130</SECTNO> <SUBJECT>Minimum age requirements.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.131</SECTNO> <SUBJECT>Handling of animals.</SUBJECT> (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; <E T="03">Provided, however,</E> That the short-term withholding of <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.132</SECTNO> <SUBJECT>Procurement of random source dogs and cats, dealers.</SUBJECT> (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 §§ 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 § 2.101. </SECTION> <SECTION> <PRTPAGE P="41"/> <SECTNO>§ 2.133</SECTNO> <SUBJECT>Certification for random source dogs and cats.</SUBJECT> (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.<PRTPAGE P="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. <CITA>[58 FR 39129, July 22, 1993]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 3</EAR> <HD SOURCE="HED">PART 3—STANDARDS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECHD>Sec.</SECHD> <SECTNO>3.1</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> <SECTNO>3.2</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> <SECTNO>3.3</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> <SECTNO>3.4</SECTNO> <SUBJECT>Outdoor housing facilities.</SUBJECT> <SECTNO>3.5</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> <SECTNO>3.6</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTNO>3.7</SECTNO> <SUBJECT>Compatible grouping.</SUBJECT> <SECTNO>3.8</SECTNO> <SUBJECT>Exercise for dogs.</SUBJECT> <SECTNO>3.9</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.10</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.11</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> <SECTNO>3.12</SECTNO> <SUBJECT>Employees.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTNO>3.13</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.14</SECTNO> <SUBJECT>Primary enclosures used to transport live dogs and cats.</SUBJECT> <SECTNO>3.15</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.16</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.17</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.18</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.19</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and <E T="04">Operating Standards</E> </HD> <SECTNO>3.25</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.26</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.27</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.28</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal <E T="04">Health and Husbandry Standards</E> </HD> <SECTNO>3.29</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.30</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.31</SECTNO> <SUBJECT>Sanitation.</SUBJECT> <SECTNO>3.32</SECTNO> <SUBJECT>Employees.</SUBJECT> <SECTNO>3.33</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> <SECTNO>3.34</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation <E T="04">Standards</E> </HD> <SECTNO>3.35</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.36</SECTNO> <SUBJECT>Primary enclosures used to transport live guinea pigs and hamsters.</SUBJECT> <SECTNO>3.37</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.38</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.39</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.40</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.41</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and <E T="04">Operating Standards</E> </HD> <SECTNO>3.50</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.51</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.52</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.53</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal <E T="04">Health and Husbandry Standards</E> </HD> <SECTNO>3.54</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.55</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.56</SECTNO> <SUBJECT>Sanitation.</SUBJECT> <SECTNO>3.57</SECTNO> <SUBJECT>Employees.</SUBJECT> <SECTNO>3.58</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> <SECTNO>3.59</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation <E T="04">Standards</E> </HD> <SECTNO>3.60</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.61</SECTNO> <SUBJECT>Primary enclosures used to transport live rabbits.</SUBJECT> <SECTNO>3.62</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.63</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.64</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.65</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.66</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Specifications for the Humane Handling, Care, Treatment, and Transportation of Nonhuman Primates</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTNO>3.75</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> <SECTNO>3.76</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> <SECTNO>3.77</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> <SECTNO>3.78</SECTNO> <SUBJECT>Outdoor housing facilities.</SUBJECT> <SECTNO>3.79</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> <SECTNO>3.80</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> <SECTNO>3.81</SECTNO> <SUBJECT>Environment enhancement to promote psychological well-being.</SUBJECT> </SUBJGRP> <SUBJGRP> <PRTPAGE P="43"/> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> </SUBJGRP> <SECTNO>3.82</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.83</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.84</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> <SECTNO>3.85</SECTNO> <SUBJECT>Employees.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> </SUBJGRP> <SECTNO>3.86</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.87</SECTNO> <SUBJECT>Primary enclosures used to transport nonhuman primates.</SUBJECT> <SECTNO>3.88</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.89</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.90</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.91</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.92</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards </HD> </SUBJGRP> <SECTNO>3.100</SECTNO> <SUBJECT>Special considerations regarding compliance and/or variance.</SUBJECT> <SECTNO>3.101</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.102</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.103</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.104</SECTNO> <SUBJECT>Space requirements.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> </SUBJGRP> <SECTNO>3.105</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.106</SECTNO> <SUBJECT>Water quality.</SUBJECT> <SECTNO>3.107</SECTNO> <SUBJECT>Sanitation. </SUBJECT> <SECTNO>3.108</SECTNO> <SUBJECT>Employees or attendants.</SUBJECT> <SECTNO>3.109</SECTNO> <SUBJECT>Separation.</SUBJECT> <SECTNO>3.110</SECTNO> <SUBJECT>Veterinary care.</SUBJECT> <SECTNO>3.111</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> </SUBJGRP> <SECTNO>3.112</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.113</SECTNO> <SUBJECT>Primary enclosures used to transport marine mammals.</SUBJECT> <SECTNO>3.114</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.115</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.116</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.117</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.118</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">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</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards </HD> </SUBJGRP> <SECTNO>3.125</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.126</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.127</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.128</SECTNO> <SUBJECT>Space requirements.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards </HD> </SUBJGRP> <SECTNO>3.129</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.130</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.131</SECTNO> <SUBJECT>Sanitation.</SUBJECT> <SECTNO>3.132</SECTNO> <SUBJECT>Employees.</SUBJECT> <SECTNO>3.133</SECTNO> <SUBJECT>Separation.</SUBJECT> <SECTNO>3.134—3.135</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> </SUBJGRP> <SECTNO>3.136</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.137</SECTNO> <SUBJECT>Primary enclosures used to transport live animals.</SUBJECT> <SECTNO>3.138</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.139</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.140</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.141</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.142</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 32 FR 3273, Feb. 24, 1967, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats <SU>1</SU> </HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 56 FR 6486, Feb. 15, 1991, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.1</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> (a) <E T="03">Structure;</E> <FTREF/> construction. <E T="01">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.</E> <FTNT> <SU>1</SU> These minimum standards apply only to live dogs and cats, unless stated otherwise. </FTNT> (b) <E T="03">Condition and site.</E> 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 <PRTPAGE P="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) <E T="03">Surfaces</E>—(1) <E T="03">General requirements.</E> 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) <E T="03">Maintenance and replacement of surfaces.</E> 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) <E T="03">Cleaning.</E> Hard surfaces with which the dogs or cats come in contact must be spot-cleaned daily and sanitized in accordance with § 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 § 3.11(b)(3) for primary enclosures. (d) <E T="03">Water and electric power.</E> 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) <E T="03">Storage.</E> 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) <E T="03">Drainage and waste disposal.</E> 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 <PRTPAGE P="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) <E T="03">Washrooms and sinks.</E> Washing facilities such as washrooms, basins, sinks, or showers must be provided for animal caretakers and must be readily accessible. </SECTION> <SECTION> <SECTNO>§ 3.2</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (10 °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 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. (b) <E T="03">Ventilation.</E> 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 °F (29.5 °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) <E T="03">Lighting.</E> 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) <E T="03">Interior surfaces.</E> 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). </SECTION> <SECTION> <SECTNO>§ 3.3</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (10 °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 <PRTPAGE P="46"/>of conserving body heat must be provided when temperatures are below 50 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. (b) <E T="03">Ventilation.</E> 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 °F (29.5 °C) or higher. (c) <E T="03">Lighting.</E> 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) <E T="03">Shelter from the elements.</E> 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) <E T="03">Surfaces.</E> (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. </SECTION> <SECTION> <SECTNO>§ 3.4</SECTNO> <SUBJECT>Outdoor housing facilities.</SUBJECT> (a) <E T="03">Restrictions.</E> (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 °F (10 °C). (b) <E T="03">Shelter from the elements.</E> 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 °F (10 °C). Additional clean, dry <PRTPAGE P="47"/>bedding is required when the temperature is 35 °F (1.7 °C) or lower. (c) <E T="03">Construction.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.5</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (10 °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 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not exceed 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. (b) <E T="03">Ventilation.</E> 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 °F (29.5 °C) or higher. (c) <E T="03">Lighting.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.6</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> Primary enclosures for dogs and cats must meet the following minimum requirements: (a) <E T="03">General requirements.</E> (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 § 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 <PRTPAGE P="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) <E T="03">Additional requirements for cats.</E> (1) <E T="03">Space.</E> 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<FR>1/2</FR> 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<SU>2</SU> (0.28 m<SU>2</SU>); (C) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 ft<SU>2</SU> (0.37 m<SU>2</SU>); (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) <E T="03">Compatibility.</E> 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) <E T="03">Litter.</E> In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes. (4) <E T="03">Resting surfaces.</E> 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) <E T="03">Cats in mobile or traveling shows or acts.</E> 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 § 3.14 of this subpart other than the marking requirements in § 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) <E T="03">Additional requirements for dogs—</E>(1) <E T="03">Space.</E> (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) × (length of dog in inches + 6) = required floor space in square inches. Required floor space in inches/<PRTPAGE P="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: <E T="03">Provided</E> That, prior to February 15, 1994, each dog must be able to stand in a comfortable normal position. (2) <E T="03">Compatibility.</E> 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) <E T="03">Dogs in mobile or traveling shows or acts.</E> 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 § 3.14 of this subpart other than the marking requirements in § 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)<E T="03"> Prohibited means of primary enclosure.</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> <CITA>[56 FR 6486, Feb. 15, 1991, as amended at 62 FR 43275, Aug. 13, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.7</SECTNO> <SUBJECT>Compatible grouping.</SUBJECT> 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. </SECTION> <SECTION> <PRTPAGE P="50"/> <SECTNO>§ 3.8</SECTNO> <SUBJECT>Exercise for dogs.</SUBJECT> 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) <E T="03">Dogs housed individually.</E> 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 § 3.6(c)(1) of this subpart. (b) <E T="03">Dogs housed in groups.</E> 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) <E T="03">Methods and period of providing exercise opportunity.</E> (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 § 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 § 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) <E T="03">Exemptions.</E> (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.<PRTPAGE P="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) </SECTION> <SECTION> <SECTNO>§ 3.9</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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 § 3.11(b) of this subpart. Sanitization is achieved by using one of the methods described in § 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 § 3.11(b) of this subpart. Measures must be taken to ensure that there is no molding, deterioration, and caking of feed. </SECTION> <SECTION> <SECTNO>§ 3.10</SECTNO> <SUBJECT>Watering.</SUBJECT> 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 § 3.11(b) of this subpart, and before being used to water a different dog or cat or social grouping of dogs or cats. </SECTION> <SECTION> <SECTNO>§ 3.11</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> (a) <E T="03">Cleaning of primary enclosures.</E> 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) <E T="03">Sanitization of primary enclosures and food and water receptacles.</E> (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 °F (82.2 °C)) and soap or detergent, as with a mechanical cage washer; or (iii) Washing all soiled surfaces with appropriate detergent solutions and <PRTPAGE P="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) <E T="03">Housekeeping for premises.</E> 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) <E T="03">Pest control.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.12</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTION> <SECTNO>§ 3.13</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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 § 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 §§ 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 § 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 <PRTPAGE P="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 §§ 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 §§ 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 °F (2.2 °C) for more than 4 consecutive hours when dogs or cats are present, as set forth in § 3.18, nor lower than 45 °F (2.2 °C) for more than 45 minutes, as set forth in § 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 §§ 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 °F (10 °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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.14</SECTNO> <SUBJECT>Primary enclosures used to transport live dogs and cats.</SUBJECT> 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) <E T="03">Construction of primary enclosures.</E> 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:<PRTPAGE P="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) <E T="03">Cleaning of primary enclosures.</E> 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 § 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) <E T="03">Ventilation.</E> (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<PRTPAGE P="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) <E T="03">Compatibility.</E> (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) <E T="03">Space and placement.</E> (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) <E T="03">Transportation by air.</E> (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) <E T="03">Transportation by surface vehicle or privately owned aircraft.</E> (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) <E T="03">Accompanying documents and records.</E> 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 <PRTPAGE P="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 § 3.13(c). <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.15</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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 °F (29.5 °C). Moreover, the ambient temperature may not exceed 85 °F (29.5 °C) for a period of more than 4 hours; nor fall below 45 °F (7.2 °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. </SECTION> <SECTION> <SECTNO>§ 3.16</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.17</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (a) <E T="03">Surface transportation (ground and water).</E> 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 § 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) <E T="03">Air transportation.</E> 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 § 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 § 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 § 3.6 or § 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. </SECTION> <SECTION> <SECTNO>§ 3.18</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> (a) <E T="03">Placement.</E> 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) <E T="03">Cleaning, sanitization, and pest control.</E> All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in § 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) <E T="03">Ventilation.</E> 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 <PRTPAGE P="58"/>conditioning must be used in any animal holding area containing dogs and cats, when the ambient temperature is 85 °F (29.5 °C) or higher (d) <E T="03">Temperature.</E> The ambient temperature in an animal holding area containing dogs or cats must not fall below 45 °F (7.2 °C) or rise above 85 °F (29.5 °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) <E T="03">Shelter.</E> 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) <E T="03">Shelter from sunlight and extreme heat.</E> Shade must be provided that is sufficient to protect the dog or cat from the direct rays of the sun. (2) <E T="03">Shelter from rain or snow.</E> Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation. (f) <E T="03">Duration.</E> 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 § 3.13(f) of this subpart. </SECTION> <SECTION> <SECTNO>§ 3.19</SECTNO> <SUBJECT>Handling.</SUBJECT> (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 °F (29.5 °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 § 3.18(d) of this subpart. (2) <E T="03">Shelter from rain and snow.</E> Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation. (3) <E T="03">Shelter from cold temperatures.</E> 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 °F (10 °C). The dogs or cats must not be exposed to an ambient temperature below 45 °F (7.2 °C) for a period of more than 45 minutes, unless they are accompanied by a certificate of acclimation to lower temperatures as provided in § 3.13(e). The temperature must be measured in the manner provided in § 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 <PRTPAGE P="59"/>primary conveyance or terminal facility, and to or from a terminal facility or a primary conveyance. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.25</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Structural strength.</E> 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) <E T="03">Water and electric power.</E> Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (c) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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) <E T="03">Washroom and sinks.</E> Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.26</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Heating.</E> 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° F. nor to exceed 85° F. (b) <E T="03">Ventilation.</E> 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° F. (c) <E T="03">Lighting.</E> 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) <E T="03">Interior surfaces.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.27</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.28</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> All primary enclosures for guinea pigs and hamsters shall conform to the following requirements: (a) <E T="03">General.</E> (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 <PRTPAGE P="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: <E T="03">Provided, however,</E> That such floors shall be constructed so as to protect the animals’ feet and legs from injury. (b) <E T="03">Space requirements for primary enclosures acquired before August 15, 1990.—</E>(1) <E T="03">Guinea pigs and hamsters.</E> 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) <E T="03">Guinea pigs.</E> 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<FR>1/2</FR> 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: <GPOTABLE CDEF="s25,9" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Weight or stage of maturity</CHED> <CHED H="1">Minimum space per guinea pig (square inches)</CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 350 grams</ENT> <ENT>60</ENT> </ROW> <ROW> <ENT I="01">350 grams or more</ENT> <ENT>90</ENT> </ROW> <ROW> <ENT I="01">Breeders</ENT> <ENT>180</ENT> </ROW> </GPOTABLE> (3) <E T="03">Hamsters.</E> 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<FR>1/2</FR> 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: <E T="03">Provided, however,</E> 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: <GPOTABLE CDEF="s25,7,7,9" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Age</CHED> <CHED H="1">Minimum space per hamster (square inches)</CHED> <CHED H="2"> <E T="03">Dwarf</E> </CHED> <CHED H="2"> <E T="03">Other</E> </CHED> <CHED H="1">Maximum population per enclosure</CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 5 wks</ENT> <ENT>5.0</ENT> <ENT>10.0</ENT> <ENT>20</ENT> </ROW> <ROW> <ENT I="01">5 to 10 wks</ENT> <ENT>7.5</ENT> <ENT>12.5</ENT> <ENT>16</ENT> </ROW> <ROW> <ENT I="01">10 wks. or more</ENT> <ENT>9</ENT> <ENT>15.0</ENT> <ENT>13</ENT> </ROW> </GPOTABLE> (c) <E T="03">Space requirements for primary enclosures acquired on or after August 15, 1990—</E>(1) <E T="03">Guinea pigs.</E> (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: <GPOTABLE CDEF="s20,4,6" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Weight or stage of maturity</CHED> <CHED H="1">Minimum floor space</CHED> <CHED H="2">in<SU>2</SU> </CHED> <CHED H="2">cm<SU>2</SU> </CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 350 grams </ENT> <ENT>60 </ENT> <ENT>387.12</ENT> </ROW> <ROW> <ENT I="01">>350 grams </ENT> <ENT>101 </ENT> <ENT>651.65</ENT> </ROW> <ROW> <ENT I="01">Nursing females with their litters </ENT> <ENT>101 </ENT> <ENT>651.65</ENT> </ROW> </GPOTABLE> (2) <E T="03">Hamsters.</E> (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:<PRTPAGE P="61"/> <GPOTABLE CDEF="xl10,xls36,6,6" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Weight</CHED> <CHED H="2">g</CHED> <CHED H="2">ozs</CHED> <CHED H="1">Minimum floor space per hamster</CHED> <CHED H="2">in<E T="51">2</E> </CHED> <CHED H="2">cm<E T="51">2</E> </CHED> </BOXHD> <ROW> <ENT I="01"> <E T="61"><</E>60</ENT> <ENT> <E T="61"><</E>2.1</ENT> <ENT>10</ENT> <ENT>64.52</ENT> </ROW> <ROW> <ENT I="01">60 to 80</ENT> <ENT>2.1-2.8</ENT> <ENT>13</ENT> <ENT>83.88</ENT> </ROW> <ROW> <ENT I="01">80 to 100</ENT> <ENT>2.8-3.5</ENT> <ENT>16</ENT> <ENT>103.23</ENT> </ROW> <ROW> <ENT I="01">>100</ENT> <ENT>>3.5</ENT> <ENT>19</ENT> <ENT>122.59</ENT> </ROW> </GPOTABLE> (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: <E T="03">Provided, however,</E> 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. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28882, July 16, 1990]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.29</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.30</SECTNO> <SUBJECT>Watering.</SUBJECT> 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: <E T="03">Provided, however,</E> That such receptacles shall be sanitized at least once every 2 weeks. </SECTION> <SECTION> <SECTNO>§ 3.31</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Cleaning and sanitation of primary enclosures.</E> (1) Primary enclosures shall be cleaned and sanitized often enough to prevent an accumulation of excreta or debris: <E T="03">Provided, however,</E> 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.<PRTPAGE P="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° 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. </SECTION> <SECTION> <SECTNO>§ 3.32</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.33</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.34</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> 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. </AUTH> <SECTION> <SECTNO>§ 3.35</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.36 of the standards: <E T="03">Provided, however,</E> 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 § 3.36 of the standards, unless such primary enclosure is obviously defective or damaged <PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[42 FR 31563, June 21, 1977, as amended at 43 FR 22163, May 16, 1978; 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.36</SECTNO> <SUBJECT>Primary enclosures used to transport live guinea pigs and hamsters.</SUBJECT> 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 <PRTPAGE P="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: <E T="03">Provided, however,</E> 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) <E T="03">Guinea pigs.</E> (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: <GPOTABLE CDEF="s50,9,9" COLS="3" OPTS="L2"> <TTITLE> <E T="04">Minimum space per live guinea pig</E> </TTITLE> <BOXHD> <CHED H="1">Weight (grams)</CHED> <CHED H="1">Square centimeters</CHED> <CHED H="1">Square inches</CHED> </BOXHD> <ROW> <ENT I="01">Up to 350</ENT> <ENT>193.6</ENT> <ENT>30</ENT> </ROW> <ROW> <ENT I="01">350 to 600</ENT> <ENT>290.3</ENT> <ENT>45</ENT> </ROW> <ROW> <ENT I="01">Over 600</ENT> <ENT>354.8</ENT> <ENT>55</ENT> </ROW> </GPOTABLE> (2) <E T="03">Hamsters.</E> (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: <GPOTABLE CDEF="s50,8,8,8,8" COLS="5" OPTS="L2"> <TTITLE> <E T="04">Minimum space per live hamster</E> </TTITLE> <BOXHD> <CHED H="1">Age</CHED> <CHED H="1">Dwarf</CHED> <CHED H="2">Square centimeters</CHED> <CHED H="2">Square inches</CHED> <CHED H="1">Other</CHED> <CHED H="2">Square centimeters</CHED> <CHED H="2">Square inches</CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 5 wks</ENT> <ENT>32.2</ENT> <ENT>5.0</ENT> <ENT>45.2</ENT> <ENT>7</ENT> </ROW> <ROW> <ENT I="01">5 to 10 wks</ENT> <ENT>48.3</ENT> <ENT>7.5</ENT> <ENT>71.0</ENT> <ENT>11</ENT> </ROW> <ROW> <ENT I="01">Over 10 wks</ENT> <ENT>58.1</ENT> <ENT>9.0</ENT> <ENT>96.8</ENT> <ENT>15</ENT> </ROW> </GPOTABLE> (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 § 3.31 of the standards, if previously used. Such primary enclosures shall contain clean <PRTPAGE P="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. <CITA>[42 FR 31563, June 21, 1977, as amended at 43 FR 21163, May 16, 1978; 55 FR 28882, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.37</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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 °F (23.9 °C) or higher. The ambient temperature within the animal cargo space shall not exceed 85 °F (29.5 °C) or fall below 45 °F (7.2 °C), except that the ambient temperature in the cargo space may be below 45 °F (7.2 °C) for hamsters if the hamsters are accompanied by a certificate of acclimation to lower temperatures, as provided in § 3.35(c) of this part. <CITA>[42 FR 31563, June 21, 1977, as amended at 55 FR 28882, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.38</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[42 FR 31563, June 21, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.39</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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. <CITA>[42 FR 31563, June 21, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.40</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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° C. (75.° 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° C. (45° F.) nor be allowed to exceed 29.5° C. (85° 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 <PRTPAGE P="67"/>between the top and bottom of such primary enclosure. <CITA>[43 FR 56215, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.41</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight.</E> 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° C. (85° F.), and which shall be measured and read in the manner prescribed § 3.40 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from rain or snow.</E> Live guinea pigs and hamsters shall be provided protection to allow them to remain dry during rain or snow. (3) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for live guinea pigs and hamsters when the outdoor air temperature falls below 10° C. (50° F.), and such live guinea pigs and hamsters shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.), and which shall be measured and read in the manner prescribed in § 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. <CITA>[43 FR 21163, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, 1990]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.50</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Structural strength.</E> 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) <E T="03">Water and electric power.</E> Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (c) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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) <E T="03">Washroom and sinks.</E> Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.51</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Heating.</E> Indoor housing facilities for rabbits need not be heated. (b) <E T="03">Ventilation.</E> 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 <PRTPAGE P="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° F. or higher. (c) <E T="03">Lighting.</E> 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) <E T="03">Interior surfaces.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.52</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (a) <E T="03">Shelter from sunlight.</E> 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° F. artificial cooling shall be provided by a sprinkler system or other means. (b) <E T="03">Shelter from rain or snow.</E> Rabbits kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. (c) <E T="03">Shelter from cold weather.</E> Shelter shall be provided for all rabbits kept outdoors when the atmospheric temperature falls below 40° F. (d) <E T="03">Protection from predators.</E> Outdoor housing facilities for rabbits shall be fenced or otherwise enclosed to minimize the entrance of predators. (e) <E T="03">Drainage.</E> A suitable method shall be provided to rapidly eliminate excess water. </SECTION> <SECTION> <SECTNO>§ 3.53</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> All primary enclosures for rabbits shall conform to the following requirements: (a) <E T="03">General.</E> (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) <E T="03">Space requirements for primary enclosures acquired before August 15, 1990.</E> 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: <GPOTABLE CDEF="s50,r50,9" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Category</CHED> <CHED H="1">Individual weights (pounds)</CHED> <CHED H="1">Minimum space per rabbit (square inches)</CHED> </BOXHD> <ROW> <ENT I="01">Groups</ENT> <ENT>3 through 5</ENT> <ENT>144</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>6 through 8</ENT> <ENT>288</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>9 or more</ENT> <ENT>432</ENT> </ROW> <ROW> <ENT I="01">Individual adults</ENT> <ENT>3 through 5</ENT> <ENT>180</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>6 through 8</ENT> <ENT>360</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>9 through 11</ENT> <ENT>540</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>12 or more</ENT> <ENT>720</ENT> </ROW> <ROW> <ENT I="01">Nursing females</ENT> <ENT>3 through 5</ENT> <ENT>576</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>6 through 8</ENT> <ENT>720</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>9 through 11</ENT> <ENT>864</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>12 or more</ENT> <ENT>1080</ENT> </ROW> </GPOTABLE> (c) <E T="03">Space requirements for primary enclosures acquired on or after August 15, 1990.</E> (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 <PRTPAGE P="69"/>space taken up by food and water receptacles, in accordance with the following table: <GPOTABLE CDEF="s10,10,10,10,10,10,10" COLS="7" OPTS="L2,lt,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Individual weights</CHED> <CHED H="2">kg</CHED> <CHED H="2">lbs</CHED> <CHED H="1">Minimum floor space</CHED> <CHED H="2">m<E T="51">2</E> </CHED> <CHED H="2">ft<E T="51">2</E> </CHED> <CHED H="1">Minimum interior height</CHED> <CHED H="2">cm</CHED> <CHED H="2">in</CHED> </BOXHD> <ROW> <ENT I="01">Individual rabbits (weaned) </ENT> <ENT> <E T="61"><</E>2 <LI>2-4 </LI> <LI>4-5.4 </LI> <LI>>5.4 </LI> </ENT> <ENT> <E T="61"><</E>4.4 <LI>4.4-8.8 </LI> <LI>8.8-11.9 </LI> <LI>>11.9 </LI> </ENT> <ENT>0.14 <LI>0.28 </LI> <LI>0.37 </LI> <LI>0.46 </LI> </ENT> <ENT>1.5 <LI>3.0 </LI> <LI>4.0 </LI> <LI>5.0 </LI> </ENT> <ENT>35.56 <LI>35.56 </LI> <LI>35.56 </LI> <LI>35.56 </LI> </ENT> <ENT>14 <LI>14 </LI> <LI>14 </LI> <LI>14</LI> </ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,10,10,10,10,10,10" COLS="7" OPTS="L2,lt,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Weight of nursing female</CHED> <CHED H="2">kg</CHED> <CHED H="2">lbs</CHED> <CHED H="1">Minimum floor space/female & litter</CHED> <CHED H="2">m<E T="51">2</E> </CHED> <CHED H="2">ft<E T="51">2</E> </CHED> <CHED H="1">Minimum interior height</CHED> <CHED H="2">cm</CHED> <CHED H="2">in</CHED> </BOXHD> <ROW> <ENT I="01">Females with litters </ENT> <ENT> <E T="61"><</E>2 <LI>2-4 </LI> <LI>4-5.4 </LI> <LI>>5.4 </LI> </ENT> <ENT> <E T="61"><</E>4.4 <LI>4.4-8.8 </LI> <LI>8.8-11.9 </LI> <LI>>11.9 </LI> </ENT> <ENT>0.37 <LI>0.46 </LI> <LI>0.56 </LI> <LI>0.70 </LI> </ENT> <ENT>4.0 <LI>5.0 </LI> <LI>6.0 </LI> <LI>7.5 </LI> </ENT> <ENT>35.56 <LI>35.56 </LI> <LI>35.56 </LI> <LI>35.56 </LI> </ENT> <ENT>14 <LI>14 </LI> <LI>14 </LI> <LI>14</LI> </ENT> </ROW> </GPOTABLE> (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. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28883, July 16, 1990]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.54</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.55</SECTNO> <SUBJECT>Watering.</SUBJECT> 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: <E T="03">Provided, however,</E> That such receptacles shall be sanitized at least once every 2 weeks. </SECTION> <SECTION> <SECTNO>§ 3.56</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Cleaning of primary enclosures.</E> (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) <E T="03">Sanitization of primary enclosures.</E> (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 <PRTPAGE P="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° 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. </SECTION> <SECTION> <SECTNO>§ 3.57</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.58</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.59</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> 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. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> Sections 3.60 through 3.66 appear at 42 FR 31565, June 21, 1977, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 3.60</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.61 of the standards: <E T="03">Provided, however,</E> 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 § 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:<PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[42 FR 31565, June 21, 1977, as amended at 43 FR 21164, May 16, 1978; 44 FR 63493, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.61</SECTNO> <SUBJECT>Primary enclosures used to transport live rabbits.</SUBJECT> 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: <E T="03">Provided, however,</E> 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;<PRTPAGE P="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 § 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. <CITA>[42 FR 31565, June 21, 1977, as amended at 43 FR 21164, May 16, 1978; 55 FR 28883, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.62</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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.<PRTPAGE P="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 °F (23.9 °C) or higher. The ambient temperature within the animal cargo space shall not exceed 85 °F (29.5 °C) or fall below 45 °F (7.2 °C), except that the ambient temperature in the cargo space may be below 45 °F (7.2 °C) if the rabbits are accompanied by a certificate of acclimation to lower temperatures, as provided in § 3.60(c) of this part. <CITA>[42 FR 31565, June 21, 1977, as amended at 55 FR 28883, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.63</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.64</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.65</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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 <PRTPAGE P="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° C. (75° F.) or higher. The air temperature around any live rabbit in any animal holding area shall not be allowed to fall below 7.2° C. (45° F.) nor be allowed to exceed 29.5° C. (85° 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. <CITA>[43 FR 56216, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.66</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight.</E> 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° C. (85° F.), and which shall be measured and read in the manner prescribed in § 3.65 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from rain or snow.</E> Live rabbits shall be provided protection to allow them to remain dry during rain or snow. (3) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for live rabbits when the outdoor air temperature falls below 10° C. (50° F.), and such live rabbits shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.), and which shall be measured and read in the manner prescribed in § 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 § 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. <CITA>[43 FR 21164, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, 1990]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Specifications for the Humane Handling, Care, Treatment, and Transportation of Nonhuman Primates <SU>2</SU> </HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 56 FR 6495, Feb. 15, 1991, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.75</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> (a) <E T="03">Structure:</E> <FTREF/> construction. <E T="01">Housing facilities for nonhuman primates must <PRTPAGE P="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.</E> <FTNT> <SU>2</SU> 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 <PRTPAGE/>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. </FTNT> (b) <E T="03">Condition and site.</E> 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) <E T="03">Surfaces</E>—(1) <E T="03">General requirements.</E> 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) <E T="03">Maintenance and replacement of surfaces.</E> 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) <E T="03">Cleaning.</E> Hard surfaces with which nonhuman primates come in contact must be spot-cleaned daily and sanitized in accordance with § 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 § 3.84(b)(3) of this subpart for primary enclosures. (d) <E T="03">Water and electric power.</E> 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.<PRTPAGE P="76"/> (e) <E T="03">Storage.</E> 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) <E T="03">Drainage and waste disposal.</E> 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) <E T="03">Washrooms and sinks.</E> Washing facilities, such as washrooms, basins, sinks, or showers must be provided for animal caretakers and must be readily accessible. </SECTION> <SECTION> <SECTNO>§ 3.76</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (7.2 °C) for more than 4 consecutive hours when nonhuman primates are present, and must not rise above 85 °F (29.5 °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) <E T="03">Ventilation.</E> 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 °F (29.5 °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) <E T="03">Lighting.</E> Indoor housing facilities must be lighted well enough to permit <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.77</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (7.2 °C) for more than 4 consecutive hours when nonhuman primates are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when nonhuman primates are present, unless temperatures above 85 °F (29.5 °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) <E T="03">Ventilation.</E> 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 °F (29.5 °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) <E T="03">Lighting.</E> 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) <E T="03">Shelter from the elements.</E> 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) <E T="03">Capacity: multiple shelters.</E> 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) <E T="03">Perimeter fence.</E> 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 <PRTPAGE P="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) <E T="03">Public barriers.</E> 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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.78</SECTNO> <SUBJECT>0utdoor housing facilities.</SUBJECT> (a) <E T="03">Acclimation.</E> 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) <E T="03">Shelter from the elements.</E> 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 °F (7.2 °C), except as directed by the attending veterinarian and in accordance with generally accepted professional and husbandry practices. (c) <E T="03">Capacity: multiple shelters.</E> 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) <E T="03">Perimeter fence.</E> 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.<PRTPAGE P="79"/> (e) <E T="03">Public barriers.</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.79</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (7.2 °C) for more than 4 consecutive hours when nonhuman primates are present, and must not rise above 85 °F (29.5 °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) <E T="03">Ventilation.</E> 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 °F (29.5 °C) or higher. (c) <E T="03">Lighting.</E> 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, adequatecleaning, 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) <E T="03">Public barriers.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.80</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> Primary enclosures for nonhuman primates must meet the following minimum requirements: (a) <E T="03">General requirements.</E> (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;<PRTPAGE P="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 § 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) <E T="03">Minimum space requirements.</E> 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 <E T="03">each</E> 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<SU>3</SU> <FTREF/> and will be calculated by using the following table: <SU>4</SU> <FTREF/> <FTNT> <SU>3</SU> 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. </FTNT> <FTNT> <SU>4</SU> 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. </FTNT> <PRTPAGE P="81"/> <GPOTABLE CDEF="s10,r25,r25,8,8,4,10" COLS="7" OPTS="L2,i1"> <BOXHD> <CHED H="1">Group</CHED> <CHED H="1">Weight</CHED> <CHED H="2">lbs.</CHED> <CHED H="2">(kg.)</CHED> <CHED H="1">Floor area/animal</CHED> <CHED H="2">ft.<SU>2</SU> </CHED> <CHED H="2">(m <SU>2</SU>)</CHED> <CHED H="1">Height</CHED> <CHED H="2">in.</CHED> <CHED H="2">(cm.)</CHED> </BOXHD> <ROW> <ENT I="01">1 </ENT> <ENT>under 2.2 </ENT> <ENT>(under 1) </ENT> <ENT>1.6 </ENT> <ENT>(0.15) </ENT> <ENT>20 </ENT> <ENT>(50.8)</ENT> </ROW> <ROW> <ENT I="01">2 </ENT> <ENT>2.2-6.6 </ENT> <ENT>(1-3) </ENT> <ENT>3.0 </ENT> <ENT>(0.28) </ENT> <ENT>30 </ENT> <ENT>(76.2)</ENT> </ROW> <ROW> <ENT I="01">3 </ENT> <ENT>6.6-22.0 </ENT> <ENT>(3-10) </ENT> <ENT>4.3 </ENT> <ENT>(0.40) </ENT> <ENT>30 </ENT> <ENT>(76.2)</ENT> </ROW> <ROW> <ENT I="01">4 </ENT> <ENT>22.0-33.0 </ENT> <ENT>(10-15) </ENT> <ENT>6.0 </ENT> <ENT>(0.56) </ENT> <ENT>32 </ENT> <ENT>(81.28)</ENT> </ROW> <ROW> <ENT I="01">5 </ENT> <ENT>33.0-55.0 </ENT> <ENT>(15-25) </ENT> <ENT>8.0 </ENT> <ENT>(0.74) </ENT> <ENT>36 </ENT> <ENT>(91.44)</ENT> </ROW> <ROW> <ENT I="01">6 </ENT> <ENT>over 55.0 </ENT> <ENT>(over 25) </ENT> <ENT>25.1 </ENT> <ENT>(2.33) </ENT> <ENT>84 </ENT> <ENT>(213.36)</ENT> </ROW> </GPOTABLE> (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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.81</SECTNO> <SUBJECT>Environment enhancement to promote psychological well-being.</SUBJECT> 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) <E T="03">Social grouping.</E> 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 <PRTPAGE P="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) <E T="03">Environmental enrichment.</E> 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) <E T="03">Special considerations.</E> 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) <E T="03">Restraint devices.</E> 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) <E T="03">Exemptions.</E> (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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> </SUBJGRP> <SUBJGRP> <PRTPAGE P="83"/> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.82</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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 § 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. </SECTION> <SECTION> <SECTNO>§ 3.83</SECTNO> <SUBJECT>Watering.</SUBJECT> 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 § 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 nonhumanprimate or social grouping of nonhuman primates. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.84</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> (a) <E T="03">Cleaning of primary enclosures.</E> 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) <E T="03">Sanitization of primary enclosures and food and water receptacles.</E> <PRTPAGE P="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 °F (82.2 °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) <E T="03">Housekeeping for premises.</E> 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) <E T="03">Pest control.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.85</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTION> <SECTNO>§ 3.86</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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 <PRTPAGE P="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 § 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 § 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 §§ 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 §§ 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 °F (10 °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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.87</SECTNO> <SUBJECT>Primary enclosures used to transport nonhuman primates.</SUBJECT> 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) <E T="03">Construction of primary enclosures.</E> 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) <E T="03">Cleaning of primary enclosures.</E> 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 § 3.84(b)(3) of this subpart. (c) <E T="03">Ventilation.</E> (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 <PRTPAGE P="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) <E T="03">Compatibility.</E> (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) <E T="03">Space requirements.</E> 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) <E T="03">Marking and labeling.</E> 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) <E T="03">Accompanying documents and records.</E> 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 § 3.86(c) of this subpart. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.88</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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.<PRTPAGE P="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 °F (7.2 °C) and 85 °F (30 °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. </SECTION> <SECTION> <SECTNO>§ 3.89</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (a) Each nonhuman primate that is 1 year of age or more must be offered food <SU>5</SU> <FTREF/> 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 § 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 § 3.86(c) of this subpart. <FTNT> <SU>5</SU> Proper food for purposes of this section is described in § 3.82 of this subpart, with the necessities and circumstances of the mode of travel taken into account. </FTNT> (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 <PRTPAGE P="89"/>leave the primary enclosure through the food or water opening. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.90</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (a) <E T="03">Surface transportation (ground and water).</E> 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 § 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) <E T="03">Air transportation.</E> 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 § 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 § 3.80 or § 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. </SECTION> <SECTION> <SECTNO>§ 3.91</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> (a) <E T="03">Placement.</E> 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) <E T="03">Cleaning, sanitization, and pest control.</E> All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in § 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) <E T="03">Ventilation.</E> 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. <PRTPAGE P="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 °F (29.5 °C) or higher. (d) <E T="03">Temperature.</E> The ambient temperature in an animal holding area containing nonhuman primates must not fall below 45 °F (7.2 °C) or rise above 85 °F (29.5 °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) <E T="03">Shelter.</E> 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) <E T="03">Shelter from sunlight and extreme heat.</E> Shade must be provided that is sufficient to protect the nonhuman primate from the direct rays of the sun. (2) <E T="03">Shelter from rain or snow.</E> Sufficient protection must be provided to allow nonhuman primates to remain dry during rain, snow, and other precipitation. (f) <E T="03">Duration.</E> 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 § 3.86(f) of this subpart. </SECTION> <SECTION> <SECTNO>§ 3.92</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight and extreme heat.</E> 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 °F (29.5 °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 § 3.91(d) of this subpart. (2) <E T="03">Shelter from rain or snow.</E> Sufficient protection must be provided to allow nonhuman primates to remain dry during rain, snow, and other precipitation. (3) <E T="03">Shelter from cold temperatures.</E> 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 °F (7.2 °C). A nonhuman primate must not be exposed to an ambient air temperature below 45 °F (7.2 °C) for a period of more than 45 minutes, unless it is accompanied by a certificate of acclimation to lower temperatures as provided in § 3.86(e) of this subpart. The ambient temperature must be measured in the manner provided in § 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 44 FR 36874, June 22, 1979, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.100</SECTNO> <SUBJECT>Special considerations regarding compliance and/or variance.</SUBJECT> (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,<SU>6</SU> <FTREF/> by the Deputy Administrator, from one or more specified provisions of § 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. <FTNT> <SU>6</SU> 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 § 3.104. </FTNT> (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, <E T="03">Provided, however,</E> 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 <PRTPAGE P="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. <CITA>[49 FR 26681, June 28, 1984; 63 FR 2, Jan. 2, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.101</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Construction requirements.</E> (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) <E T="03">Water and power supply.</E> 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) <E T="03">Drainage.</E> (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) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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 <PRTPAGE P="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) <E T="03">Washroom facilities.</E> Facilities such as washrooms, basins, showers, or sinks, shall be provided to maintain cleanliness among employees and attendants. <CITA>[44 FR 36874, June 22, 1979, as amended at 44 FR 63492, Nov. 2, 1979; 49 FR 26682, June 28, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.102</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Ambient temperature.</E> 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) <E T="03">Ventilation.</E> 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) <E T="03">Lighting.</E> 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.<SU>7</SU> <FTREF/> <FTNT> <SU>7</SU> 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. </FTNT> <CITA>[44 FR 36874, June 22, 1979; 63 FR 2, Jan. 2, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.103</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (a) <E T="03">Environmental temperatures.</E> 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) <E T="03">Shelter.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.104</SECTNO> <SUBJECT>Space requirements.</SUBJECT> (a) <E T="03">General.</E> Primary enclosures, including pools of water housing marine mammals, shall comply with the minimum space requirements prescribed by this part. They shall be constructed <PRTPAGE P="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 § 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) <E T="03">Cetaceans.</E> 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) <E T="03">The required minimum horizontal dimension</E> (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 <SU>8</SU> <FTREF/> ), 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. <FTNT> <SU>8</SU> The body length of a <E T="03">Monodon monoceros</E> (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. </FTNT> (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. <GPOTABLE CDEF="7,5.1,4.2,6,4.2,4.2,4.2,6.2" COLS="8" OPTS="L2"> <TTITLE> <E T="04">Table I—Group I Cetaceans</E> <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Representative average adult lengths</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum horizontal dimension (MHD)</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum required depth</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Volume of water required for each additional cetacean in excess of two</CHED> <CHED H="2">Cubic meters</CHED> <CHED H="2">feet</CHED> </BOXHD> <ROW> <ENT I="01">1.68 </ENT> <ENT>5.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>8.11 </ENT> <ENT>284.95</ENT> </ROW> <ROW> <ENT I="01">2.29 </ENT> <ENT>7.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>15.07 </ENT> <ENT>529.87</ENT> </ROW> <ROW> <ENT I="01">2.74 </ENT> <ENT>9.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>21.57 </ENT> <ENT>763.02</ENT> </ROW> <ROW> <ENT I="01">3.05 </ENT> <ENT>10.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>26.73 </ENT> <ENT>942.00</ENT> </ROW> <ROW> <ENT I="01">3.51 </ENT> <ENT>11.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>35.40 </ENT> <ENT>1,245.79</ENT> </ROW> <ROW> <ENT I="01">3.66 </ENT> <ENT>12.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>38.49 </ENT> <ENT>1,356.48</ENT> </ROW> <ROW> <PRTPAGE P="95"/> <ENT I="01">4.27 </ENT> <ENT>14.0 </ENT> <ENT>8.53 </ENT> <ENT>28 </ENT> <ENT>2.13 </ENT> <ENT>7 </ENT> <ENT>60.97 </ENT> <ENT>2,154.04</ENT> </ROW> <ROW> <ENT I="01">5.49 </ENT> <ENT>18.0 </ENT> <ENT>10.97 </ENT> <ENT>36 </ENT> <ENT>2.74 </ENT> <ENT>9 </ENT> <ENT>129.65 </ENT> <ENT>4,578.12</ENT> </ROW> <ROW> <ENT I="01">5.64 </ENT> <ENT>18.5 </ENT> <ENT>11.28 </ENT> <ENT>37 </ENT> <ENT>2.82 </ENT> <ENT>9.25 </ENT> <ENT>140.83 </ENT> <ENT>4,970.33</ENT> </ROW> <ROW> <ENT I="01">5.79 </ENT> <ENT>19.0 </ENT> <ENT>11.58 </ENT> <ENT>38 </ENT> <ENT>2.90 </ENT> <ENT>9.50 </ENT> <ENT>152.64 </ENT> <ENT>5,384.32</ENT> </ROW> <ROW> <ENT I="01">6.71 </ENT> <ENT>22.0 </ENT> <ENT>13.41 </ENT> <ENT>44 </ENT> <ENT>3.36 </ENT> <ENT>11 </ENT> <ENT>237.50 </ENT> <ENT>8,358.68</ENT> </ROW> <ROW> <ENT I="01">6.86 </ENT> <ENT>22.5 </ENT> <ENT>13.72 </ENT> <ENT>45 </ENT> <ENT>3.43 </ENT> <ENT>11.25 </ENT> <ENT>253.42 </ENT> <ENT>8,941.64</ENT> </ROW> <ROW> <ENT I="01">7.32 </ENT> <ENT>24.0 </ENT> <ENT>14.63 </ENT> <ENT>48 </ENT> <ENT>3.66 </ENT> <ENT>12 </ENT> <ENT>307.89 </ENT> <ENT>10,851.84</ENT> </ROW> <ROW> <ENT I="01">8.53 </ENT> <ENT>28.0 </ENT> <ENT>17.07 </ENT> <ENT>56 </ENT> <ENT>4.27 </ENT> <ENT>14 </ENT> <ENT>487.78 </ENT> <ENT>17,232.32</ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="7,5.1,4.2,6,4.2,6,4.2,5.2" COLS="8" OPTS="L2"> <TTITLE> <E T="04">Table II—Group II Cetaceans</E> <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Representative average adult length</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum horizontal dimension (MHD)</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum required depth</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Volume of water required for each additional cetacean in excess of four</CHED> <CHED H="2">Cubic meters <SU>1</SU> </CHED> <CHED H="2">Cubic feet</CHED> </BOXHD> <ROW> <ENT I="01">1.52 </ENT> <ENT>5.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>13.28 </ENT> <ENT>471.00</ENT> </ROW> <ROW> <ENT I="01">1.68 </ENT> <ENT>5.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>16.22 </ENT> <ENT>569.91</ENT> </ROW> <ROW> <ENT I="01">1.83 </ENT> <ENT>6.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>19.24 </ENT> <ENT>678.24</ENT> </ROW> <ROW> <ENT I="01">2.13 </ENT> <ENT>7.0 </ENT> <ENT>8.53 </ENT> <ENT>28 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>26.07 </ENT> <ENT>923.16</ENT> </ROW> <ROW> <ENT I="01">2.29 </ENT> <ENT>7.5 </ENT> <ENT>9.14 </ENT> <ENT>30 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>30.13 </ENT> <ENT>1,059.75</ENT> </ROW> <ROW> <ENT I="01">2.44 </ENT> <ENT>8.0 </ENT> <ENT>9.75 </ENT> <ENT>32 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>34.21 </ENT> <ENT>1,205.76</ENT> </ROW> <ROW> <ENT I="01">2.59 </ENT> <ENT>8.5 </ENT> <ENT>10.36 </ENT> <ENT>34 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>38.55 </ENT> <ENT>1,361.19</ENT> </ROW> <ROW> <ENT I="01">2.74 </ENT> <ENT>9.0 </ENT> <ENT>10.97 </ENT> <ENT>36 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>43.14 </ENT> <ENT>1,526.04</ENT> </ROW> <TNOTE> <SU>1</SU> Converting cubic feet to cubic meters is based on: 1 cubic foot=0.0283 of a cubic meter.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s75,r75,4.2,5.1" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">Table III—Average Adult Lengths of Marine Mammals Maintained in Captivity</E> <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Species</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Average adult length</CHED> <CHED H="2">In meters</CHED> <CHED H="2">In feet</CHED> </BOXHD> <ROW> <ENT I="11">Group I Cetaceans:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Balaenoptera acutorostrata</E> </ENT> <ENT>Minke whale </ENT> <ENT>8.50 </ENT> <ENT>27.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Cephalorhynchus commersonii</E> </ENT> <ENT>Commerson's dolphin </ENT> <ENT>1.52 </ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Delphinapterus leucas</E> </ENT> <ENT>Beluga whale </ENT> <ENT>4.27 </ENT> <ENT>14.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Monodon monoceros</E> </ENT> <ENT>Narwhale </ENT> <ENT>3.96 </ENT> <ENT>13.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Globicephala melaena</E> </ENT> <ENT>Long-finned pilot whale </ENT> <ENT>5.79 </ENT> <ENT>19.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Globicephala macrorhynchus</E> </ENT> <ENT>Short-finned pilot whale </ENT> <ENT>5.49 </ENT> <ENT>18.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Grampus griseus</E> </ENT> <ENT>Risso's dolphin </ENT> <ENT>3.66 </ENT> <ENT>12.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Orcinus orca</E> </ENT> <ENT>Killer whale </ENT> <ENT>7.32 </ENT> <ENT>24.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Pseudorca carassidens</E> </ENT> <ENT>False killer whale </ENT> <ENT>4.35 </ENT> <ENT>14.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Tursiops truncatus</E> (Atlantic) </ENT> <ENT>Bottlenose dolphin </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Tursiops truncatus</E> (Pacific) </ENT> <ENT>Bottlenose dolphin </ENT> <ENT>3.05 </ENT> <ENT>10.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Inia geoffrensis</E> </ENT> <ENT>Amazon porpoise </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phocoena phocoena</E> </ENT> <ENT>Harbor porpoise </ENT> <ENT>1.68 </ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Pontoporia blainvillei</E> </ENT> <ENT>Franciscana </ENT> <ENT>1.52 </ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Sotalia fluviatilis</E> </ENT> <ENT>Tucuxi </ENT> <ENT>1.68 </ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Platanista,</E> all species </ENT> <ENT>River dolphin </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="11">Group II Cetaceans:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Delphinus delphis</E> </ENT> <ENT>Common dolphin </ENT> <ENT>2.59 </ENT> <ENT>8.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Feresa attenuata</E> </ENT> <ENT>Pygmy killer whale </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Kogia breviceps</E> </ENT> <ENT>Pygmy sperm whale </ENT> <ENT>3.96 </ENT> <ENT>13.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Kogia simus</E> </ENT> <ENT>Dwarf sperm whale </ENT> <ENT>2.90 </ENT> <ENT>9.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus acutus</E> </ENT> <ENT>Atlantic white-sided dolphin </ENT> <ENT>2.90 </ENT> <ENT>9.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus cruciger</E> </ENT> <ENT>Hourglass dolphin </ENT> <ENT>1.70 </ENT> <ENT>5.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus obliquidens</E> </ENT> <ENT>Pacific white-sided dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus albirostris</E> </ENT> <ENT>White-beaked dolphin </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus obscurus</E> </ENT> <ENT>Duskey dolphin </ENT> <ENT>2.13 </ENT> <ENT>7.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lissodelphis borealis</E> </ENT> <ENT>Northern right whale dolphin </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Neophocaena phocaenoides</E> </ENT> <ENT>Finless porpoise </ENT> <ENT>1.83 </ENT> <ENT>6.0</ENT> </ROW> <ROW> <PRTPAGE P="96"/> <ENT I="03"> <E T="03">Peponocephala electra</E> </ENT> <ENT>Melon-headed whale </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phocoenoides dalli</E> </ENT> <ENT>Dall's porpoise </ENT> <ENT>2.00 </ENT> <ENT>6.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella longirostris</E> </ENT> <ENT>Spinner dolphin </ENT> <ENT>2.13 </ENT> <ENT>7.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella coeruleoalba</E> </ENT> <ENT>Striped dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella attenuata</E> </ENT> <ENT>Spotted dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella plagiodon</E> </ENT> <ENT>Spotted dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Steno bredanensis</E> </ENT> <ENT>Rough-toothed dolphin </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s75,r75,4.2,4.2,4.2,4.2" COLS="6" OPTS="L2,i1"> <BOXHD> <CHED H="1">Species</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Average adult length</CHED> <CHED H="2">In meters</CHED> <CHED H="3">Male</CHED> <CHED H="3">Female</CHED> <CHED H="2">In feet</CHED> <CHED H="3">Male</CHED> <CHED H="3">Female</CHED> </BOXHD> <ROW> <ENT I="11">Group I Pinnipeds:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus gazella</E>**</ENT> <ENT>Antarctic Fur Seal</ENT> <ENT>1.80</ENT> <ENT>1.20</ENT> <ENT>5.9</ENT> <ENT>3.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus tropicalis</E>**</ENT> <ENT>Amsterdam Island Fur Seal</ENT> <ENT>1.80</ENT> <ENT>1.45</ENT> <ENT>5.9</ENT> <ENT>4.75</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus australis</E>**</ENT> <ENT>South American Fur Seal</ENT> <ENT>1.88</ENT> <ENT>1.42</ENT> <ENT>6.2</ENT> <ENT>4.7</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus pusillis</E>**</ENT> <ENT>Cape Fur Seal</ENT> <ENT>2.73</ENT> <ENT>1.83</ENT> <ENT>8.96</ENT> <ENT>6.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Callorhinus ursinus</E>**</ENT> <ENT>Northern Fur Seal</ENT> <ENT>2.20</ENT> <ENT>1.45</ENT> <ENT>7.2</ENT> <ENT>4.75</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Eumetopias jubatus</E>**</ENT> <ENT>Steller's Sea Lion</ENT> <ENT>2.86</ENT> <ENT>2.40</ENT> <ENT>9.4</ENT> <ENT>7.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Hydrurga leptonyx</E> </ENT> <ENT>Leopard Seal</ENT> <ENT>2.90</ENT> <ENT>3.30</ENT> <ENT>9.5</ENT> <ENT>10.8</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Mirounga angustirostris</E>**</ENT> <ENT>Northern Elephant Seal</ENT> <ENT>3.96</ENT> <ENT>2.49</ENT> <ENT>13.0</ENT> <ENT>8.2</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Mirounga leonina</E>**</ENT> <ENT>Southern Elephant Seal </ENT> <ENT>4.67</ENT> <ENT>2.50</ENT> <ENT>15.3</ENT> <ENT>8.2</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Odobenus rosmarus</E>**</ENT> <ENT>Walrus</ENT> <ENT>3.15</ENT> <ENT>2.60</ENT> <ENT>10.3</ENT> <ENT>8.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Otaria flavescens</E>**</ENT> <ENT>South American Sea Lion</ENT> <ENT>2.40</ENT> <ENT>2.00</ENT> <ENT>7.9</ENT> <ENT>6.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca caspica</E> </ENT> <ENT>Caspian Seal</ENT> <ENT>1.45</ENT> <ENT>1.40</ENT> <ENT>4.75</ENT> <ENT>4.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca fasciata</E> </ENT> <ENT>Ribbon Seal</ENT> <ENT>1.75</ENT> <ENT>1.68</ENT> <ENT>5.7</ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca larga</E> </ENT> <ENT>Harbor Seal</ENT> <ENT>1.70</ENT> <ENT>1.50</ENT> <ENT>5.6</ENT> <ENT>4.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca vitulina</E> </ENT> <ENT>Habor Seal</ENT> <ENT>1.70</ENT> <ENT>1.50</ENT> <ENT>5.6</ENT> <ENT>4.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Zalophus californianus</E> </ENT> <ENT>California Sea Lion</ENT> <ENT>2.24</ENT> <ENT>1.75</ENT> <ENT>7.3</ENT> <ENT>5.7</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Halichoerus grypus</E>**</ENT> <ENT>Grar Seal</ENT> <ENT>2.30</ENT> <ENT>1.95</ENT> <ENT>7.5</ENT> <ENT>6.4</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca sibirica</E> </ENT> <ENT>Baikal Seal</ENT> <ENT>1.70</ENT> <ENT>1.85</ENT> <ENT>5.6</ENT> <ENT>6.1</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca groenlandica</E> </ENT> <ENT>Harp Seal</ENT> <ENT>1.85</ENT> <ENT>1.85</ENT> <ENT>6.1</ENT> <ENT>6.1</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Leptonychotes weddelli</E>**</ENT> <ENT>Weddell Seal</ENT> <ENT>2.90</ENT> <ENT>3.15</ENT> <ENT>9.5</ENT> <ENT>10.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lobodon carcinophagus</E>**</ENT> <ENT>Crabeater Seal</ENT> <ENT>2.21</ENT> <ENT>2.21</ENT> <ENT>7.3</ENT> <ENT>7.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Ommatophoca rossi</E>**</ENT> <ENT>Ross Seal</ENT> <ENT>1.99</ENT> <ENT>2.13</ENT> <ENT>6.5</ENT> <ENT>7.0</ENT> </ROW> <ROW> <ENT I="11">Group II Pinnipeds:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Erignathus barbatus</E> </ENT> <ENT>Bearded Seal</ENT> <ENT>2.33</ENT> <ENT>2.33</ENT> <ENT>7.6</ENT> <ENT>7.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca hispida</E> </ENT> <ENT>Ringed Seal</ENT> <ENT>1.35</ENT> <ENT>1.30</ENT> <ENT>4.4</ENT> <ENT>4.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Cystophora cristata</E> </ENT> <ENT>Hooded Seal</ENT> <ENT>2.60</ENT> <ENT>2.00</ENT> <ENT>8.5</ENT> <ENT>6.6</ENT> </ROW> <TNOTE> <E T="04">Note.—</E>** 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.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s75,r75,4.2,5.1" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Species</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Average adult length</CHED> <CHED H="2">In meters</CHED> <CHED H="2">In feet</CHED> </BOXHD> <ROW> <ENT I="11">Sirenia:</ENT> </ROW> <ROW> <ENT I="03">Dugong dugong </ENT> <ENT>Dugong </ENT> <ENT>3.35 </ENT> <ENT>11.0</ENT> </ROW> <ROW> <ENT I="03">Trichechus manatus </ENT> <ENT>West Indian Manatee </ENT> <ENT>3.51 </ENT> <ENT>11.5</ENT> </ROW> <ROW> <ENT I="03">Trichechus inunguis </ENT> <ENT>Amazon Manatee </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="11">Mustelidae:</ENT> </ROW> <ROW> <ENT I="03">Enhydra lutris </ENT> <ENT>Sea Otter </ENT> <ENT>1.25 </ENT> <ENT>4.1</ENT> </ROW> </GPOTABLE> (2) <E T="03">The minimum depth requirement</E> for primary enclosure pools for all cetaceans shall be one-half the average adult length of the longest species to <PRTPAGE P="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) <E T="03">Pool volume.</E> 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: <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.010</MID> </MATH> <FP>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:</FP> <MATH DEEP="29" SPAN="2"> <MID>EC14NO91.011</MID> </MATH> <FP>See Table I for required volumes.</FP> (ii) The minimum volume of water required for up to four Group II cetaceans is based upon the following formula: <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.012</MID> </MATH> <FP>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:</FP> <EXTRACT> <CTRHD>Volume=(Average Adult Length)<SU>2</SU>×3.14 × depth</CTRHD> </EXTRACT> <FP>See Table II for required volumes.</FP> (iii) When a mixture of both Group I and Group II cetaceans are housed together, the MHD must be satisfied as stated in § 3.104(b)(1), and the minimum depth must be satisfied as stated in § 3.104(b)(2). Based on these figures, the resulting volume must then be calculated <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.013</MID> </MATH> <FP>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. Theminimum surface area requirements discussed next must also be satisfied.</FP> (4)(i) <E T="03">The minimum surface area</E> requirements for each cetacean housed in a pool, regardless of Group I or Group II classification, are calculated as follows: <MATH DEEP="29" SPAN="2"> <MID>EC14NO91.014</MID> </MATH> <PRTPAGE P="98"/> <FP>In a pool containing more than two Group I cetaceans or more than four Group II cetaceans,<SU>8</SU> the additional surface area which may be required when animals are added must be calculated for each such animal.</FP> (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.<SU>9</SU> 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. <EXTRACT> <FP>———————</FP> <SU>8</SU> 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. <SU>9</SU> Since the MHD represents the diameter of a circle, the surface area based on the MHD is calculated by use of the following formula: </EXTRACT> <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.015</MID> </MATH> <GPOTABLE CDEF="9,9,9,9" COLS="4" OPTS="L2"> <TTITLE> <E T="04">Table IV—Minimum Surface Area Required for Each Cetacean</E> </TTITLE> <BOXHD> <CHED H="1">Average adult length of each cetacean</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Surface area required for each cetacean</CHED> <CHED H="2">Sq. meters <SU>1</SU> </CHED> <CHED H="2">Sq. feet</CHED> </BOXHD> <ROW> <ENT I="01">1.68</ENT> <ENT>5.5</ENT> <ENT>3.31</ENT> <ENT>33.62</ENT> </ROW> <ROW> <ENT I="01">2.13</ENT> <ENT>7.0</ENT> <ENT>5.36</ENT> <ENT>57.70</ENT> </ROW> <ROW> <ENT I="01">2.29</ENT> <ENT>7.5</ENT> <ENT>6.15</ENT> <ENT>66.23</ENT> </ROW> <ROW> <ENT I="01">2.59</ENT> <ENT>8.5</ENT> <ENT>7.90</ENT> <ENT>85.07</ENT> </ROW> <ROW> <ENT I="01">2.74</ENT> <ENT>9.0</ENT> <ENT>8.86</ENT> <ENT>95.38</ENT> </ROW> <ROW> <ENT I="01">3.05</ENT> <ENT>10.0</ENT> <ENT>10.94</ENT> <ENT>117.75</ENT> </ROW> <ROW> <ENT I="01">3.51</ENT> <ENT>11.5</ENT> <ENT>14.47</ENT> <ENT>155.72</ENT> </ROW> <ROW> <ENT I="01">3.66</ENT> <ENT>12.0</ENT> <ENT>15.75</ENT> <ENT>169.56</ENT> </ROW> <ROW> <ENT I="01">4.27</ENT> <ENT>14.0</ENT> <ENT>21.44</ENT> <ENT>230.79</ENT> </ROW> <ROW> <ENT I="01">5.49</ENT> <ENT>18.0</ENT> <ENT>35.44</ENT> <ENT>381.51</ENT> </ROW> <ROW> <ENT I="01">5.64</ENT> <ENT>18.5</ENT> <ENT>37.43</ENT> <ENT>403.00</ENT> </ROW> <ROW> <ENT I="01">5.79</ENT> <ENT>19.0</ENT> <ENT>39.49</ENT> <ENT>425.08</ENT> </ROW> <ROW> <ENT I="01">6.71</ENT> <ENT>22.0</ENT> <ENT>52.94</ENT> <ENT>569.91</ENT> </ROW> <ROW> <ENT I="01">6.86</ENT> <ENT>22.5</ENT> <ENT>55.38</ENT> <ENT>596.11</ENT> </ROW> <ROW> <ENT I="01">7.32</ENT> <ENT>24.0</ENT> <ENT>63.01</ENT> <ENT>678.24</ENT> </ROW> <ROW> <ENT I="01">8.53</ENT> <ENT>28.0</ENT> <ENT>85.76</ENT> <ENT>923.16</ENT> </ROW> <TNOTE> <SU>1</SU> <E T="11">Square meter=square feet/9×0.8361.</E> </TNOTE> </GPOTABLE> (c) <E T="03">Sirenians.</E> 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) <E T="03">Pinnipeds.</E> (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).<PRTPAGE P="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) <E T="03">Group I pinnipeds.</E> 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: <EXTRACT> <FP SOURCE="FP-2">(average adult length)<SU>2</SU> of 1st Group I pinniped+(average adult length)<SU>2</SU> of 2nd Group I pinniped=Total DRA for two pinnipeds</FP> <FP SOURCE="FP1-2">DRA for one pinniped=2×(average adult length of Group I pinniped)<SU>2</SU> </FP> </EXTRACT> (ii) <E T="03">Group II pinnipeds.</E> 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. <FP>Examples: DRA for 1 Group II Pinniped=[(Average adult length)<SU>2</SU>×1.5]+[(Average adult length)<SU>2</SU>×1.4]</FP> <GPOTABLE CDEF="xl50" COLS="1" OPTS="L0,6/7"> <ROW> <ENT I="01">1st pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.5=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">2nd pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.4=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">3rd pinniped (avg. adult length)<SU>1</SU> <E T="11">×</E>1.3=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">4th pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.2=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">5th pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.1=social and DRA required</ENT> </ROW> <ROW RUL="s"> <ENT I="01">Each pinniped over 5 (avg. adult length)<SU>2</SU>=social and DRA required</ENT> </ROW> <ROW> <ENT I="03">Total minimum social activity and dry resting area required for all pinnipeds housed in a primary enclosure.</ENT> </ROW> </GPOTABLE> <FP>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)<SU>2</SU>×1.5]+ [(8.5)<SU>2</SU>×1.4] +[(6.6)<SU>2</SU>×1.3] +[(6.6)<SU>2</SU>×1.2].</FP> <FP>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.</FP> (iii) <E T="03">Mixture of Group I and Group II pinnipeds.</E> 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 <PRTPAGE P="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) <E T="03">Polar bears.</E> 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) <E T="03">Sea otters.</E> (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: <GPOTABLE CDEF="7,7,7,7,7,8" COLS="6" OPTS="L2"> <TTITLE> <E T="04">Table V—Additional Space Required for Each Sea Otter When More Than Two in a Primary Enclosure</E> </TTITLE> <BOXHD> <CHED H="1">Average adult length of sea otter</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Resting area</CHED> <CHED H="2">Square meters</CHED> <CHED H="2">Square Feet</CHED> <CHED H="1">Pool Volume</CHED> <CHED H="2">Cubic meters</CHED> <CHED H="2">Cubic feet</CHED> </BOXHD> <ROW> <ENT I="01">1.25</ENT> <ENT>4.1</ENT> <ENT>1.96</ENT> <ENT>6.44</ENT> <ENT>2.23</ENT> <ENT>79.17<PRTPAGE P="101"/> </ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[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]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.105</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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° C. (0° 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. </SECTION> <SECTION> <SECTNO>§ 3.106</SECTNO> <SUBJECT>Water quality.</SUBJECT> (a) <E T="03">General.</E> The primary enclosure shall not contain water which would be detrimental to the health of the marine mammal contained therein. (b) <E T="03">Bacterial standards.</E> (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. Rec-ords must be kept documenting the time when all such samples were taken and the results of the sampling. Rec-ords 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.<PRTPAGE P="102"/> (c) <E T="03">Salinity.</E> 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) <E T="03">Filtration and water flow.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.107</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Primary enclosures.</E> (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) <E T="03">Food preparation areas and food receptacles.</E> 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° C., 180° 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.108</SECTNO> <SUBJECT>Employees or attendants.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.109</SECTNO> <SUBJECT>Separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.110</SECTNO> <SUBJECT>Veterinary care.</SUBJECT> (a) Newly acquired marine mammals shall be isolated from resident marine <PRTPAGE P="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 patholog-ic 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 54 FR 36163, Aug. 31, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.111</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTION> <SECTNO>§ 3.112</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.113 of the standards: <E T="03">Provided, however,</E> 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 § 3.113 of the standards, unless such primary enclosure is obviously defective or damaged and it is apparent that it <PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 44 FR 63493, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.113</SECTNO> <SUBJECT>Primary enclosures used to transport marine mammals.</SUBJECT> 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 <PRTPAGE P="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: <E T="03">Provided, however,</E> 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 § 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.114</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air and marine).</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.115</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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 § 3.116 of these standards, such marine mammals shall be fed during transit when necessary to provide for their good health and well-being. </SECTION> <SECTION> <SECTNO>§ 3.116</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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. <PRTPAGE P="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. <CITA>[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.117</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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° C. (75° F.) or higher. The air temperature around any marine mammal in any animal holding area shall not be allowed to fall below 7.2<E T="61">°</E> C. (45<E T="61">°</E> F.). The air temperature around any polar bear shall not be allowed to exceed 29.5<E T="61">°</E> C. (85<E T="61">°</E> F.) at any time and no polar bear shall be subjected to surrounding air temperatures which exceed 23.9<E T="61">°</E> C. (75<E T="61">°</E> 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.118</SECTNO> <SUBJECT>Handling.</SUBJECT> (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 <PRTPAGE P="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) <E T="03">Shelter from sunlight.</E> 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° C. (85° F.), and which shall be measured and read in the manner prescribed in § 3.117 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for marine mammals when the outdoor air temperature falls below 10° C. (50° F.) and such marine mammals shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.), and which shall be measured and read in the manner prescribed in § 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 § 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">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</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 36 FR 24925, Dec. 24, 1971, unless otherwise noted. Redesignated at 44 FR 36874, July 22, 1979. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.125</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Structural strength.</E> 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) <E T="03">Water and power.</E> 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) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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) <E T="03">Washroom and sinks.</E> Facilities, such as washrooms, basins, showers, or sinks, shall be provided to maintain cleanliness among animal caretakers. <CITA>[36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 36874, June 22, 1979, and amended at 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.126</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Ambient temperatures.</E> 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.<PRTPAGE P="109"/> (b) <E T="03">Ventilation.</E> 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) <E T="03">Lighting.</E> 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) <E T="03">Drainage.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.127</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (a) <E T="03">Shelter from sunlight.</E> 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) <E T="03">Shelter from inclement weather.</E> 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) <E T="03">Drainage.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.128</SECTNO> <SUBJECT>Space requirements.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.129</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.130</SECTNO> <SUBJECT>Watering.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.131</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Cleaning of enclosures.</E> Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained therein and to minimize disease <PRTPAGE P="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) <E T="03">Sanitation of enclosures.</E> 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> A safe and effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. </SECTION> <SECTION> <SECTNO>§ 3.132</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.133</SECTNO> <SUBJECT>Separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§§ 3.134—3.135</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 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. </SOURCE> <SECTION> <SECTNO>§ 3.136</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.137 of the standards: <E T="03">Provided, however,</E> 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 § 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:<PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.137</SECTNO> <SUBJECT>Primary enclosures used to transport live animals.</SUBJECT> 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: <E T="03">Provided, however,</E> 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 <PRTPAGE P="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: <E T="03">Provided, however,</E> 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 § 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. <CITA>[42 FR 31569, June 21, 1977, as amended at 43 FR 21166, May 16, 1978. Redesignated at 44 FR 36874, July 22, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.138</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.139</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.140</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.141</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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°C. (75.°F.) or higher. The air temperature around any live animal in any animal holding area shall not be allowed to fall below 7.2°C. (45°F.) nor be allowed to exceed 29.5°C. (85°F.) at any time: <E T="03">Provided, however,</E> That no live animal shall be subjected to surrounding air temperatures which exceed 23.9°C. (75°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. <CITA>[43 FR 56217, Dec. 1, 1978. Redesignated at 44 FR 36874, July 22, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.142</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight.</E> 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°C. (85°F.), and which shall be measured and read in the manner prescribed in § 3.141 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from rain or snow.</E> Live animals shall be provided protection to allow them to remain dry during rain or snow. (3) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for live animals when the outdoor air temperature falls below 10°C. (50°F.) and such live animals shall not be subjected to surrounding air temperatures which fall below 7.2°C. (45°F.), and which shall be measured and read in the manner prescribed in § 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 § 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 <PRTPAGE P="115"/>tossed, dropped, or needlessly tilted and shall not be stacked in a manner which may reasonably be expected to result in their falling. <CITA>[43 FR 21167, May 16, 1978, as amended at 43 FR 56217, Dec. 1, 1978. Redesignated at 44 FR 36874, July 22, 1979]</CITA> </SECTION> </SUBJGRP> </SUBPART> </PART> <PART> <EAR>Pt. 4</EAR> <HD SOURCE="HED">PART 4—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL WELFARE ACT</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>4.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>4.10</SECTNO> <SUBJECT>Summary action.</SUBJECT> <SECTNO>4.11</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 80 Stat. 353; 7 U.S.C. 2151. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 42 FR 10959, Feb. 25, 1977, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 4.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 4.10</SECTNO> <SUBJECT>Summary action.</SUBJECT> (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 § 4.10(b), upon written notification given to such person of the suspension of his license pursuant to § 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 § 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. </SECTION> <SECTION> <SECTNO>§ 4.11</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (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. </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 11</EAR> <HD SOURCE="HED">PART 11—HORSE PROTECTION REGULATIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>11.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>11.2</SECTNO> <SUBJECT>Prohibitions concerning exhibitors.</SUBJECT> <SECTNO>11.3</SECTNO> <SUBJECT>Scar rule.<PRTPAGE P="116"/> </SUBJECT> <SECTNO>11.4</SECTNO> <SUBJECT>Inspection and detention of horses.</SUBJECT> <SECTNO>11.5</SECTNO> <SUBJECT>Access to premises and records.</SUBJECT> <SECTNO>11.6</SECTNO> <SUBJECT>Inspection space and facility requirements.</SUBJECT> <SECTNO>11.7</SECTNO> <SUBJECT>Certification and licensing of designated qualified persons (DQP's).</SUBJECT> <SECTNO>11.20</SECTNO> <SUBJECT>Responsibilities and liabilities of managment.</SUBJECT> <SECTNO>11.21</SECTNO> <SUBJECT>Inspection procedures for designated qualified persons (DQP's).</SUBJECT> <SECTNO>11.22</SECTNO> <SUBJECT>Records required and disposition thereof.</SUBJECT> <SECTNO>11.23</SECTNO> <SUBJECT>Inspection of records.</SUBJECT> <SECTNO>11.24</SECTNO> <SUBJECT>Reporting by management.</SUBJECT> <SECTNO>11.40</SECTNO> <SUBJECT>Prohibitions and requirements concerning persons involved in transportation of certain horses.</SUBJECT> <SECTNO>11.41</SECTNO> <SUBJECT>Reporting required of horse industry organizations or associations.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 15 U.S.C. 1823, 1824, 1825, and 1828; 44 U.S.C. 3506. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 44 FR 25179, Apr. 27, 1979, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 11.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> 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.” <E T="03">Act</E> 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 <E T="03">et seq</E>., and any legislation amendatory thereof. <E T="03">Action Device</E> 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. <E T="03">Administrator</E> means the Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service (APHIS)</E> means the Animal and Plant Health Inspection Service of the United States Department of Agriculture. <E T="03">APHIS representative</E> 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. <E T="03">APHIS Show Veterinarian</E> 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. <E T="03">Department</E> means the United States Department of Agriculture. <E T="03">Designated Qualified Person</E> or <E T="03">DQP</E> means a person meeting the requirements specified in § 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. <E T="03">Exhibitor</E> 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 <PRTPAGE P="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. <E T="03">Horse</E> means any member of the species <E T="03">Equus caballus.</E> <E T="03">Horse Exhibition</E> 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. <E T="03">Horse Industry Organization or Association</E> 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. <E T="03">Horse Sale or Horse Auction</E> 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. <E T="03">Horse Show</E> means a public display of any horses, in competition, except events where speed is the prime factor, rodeo events, parades, or trail rides. <E T="03">Inspection</E> 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. <E T="03">Lubricant</E> 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. <E T="03">Management</E> 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. <E T="03">Person</E> means any individual, corporation, company, association, firm, partnership, society, organization, joint stock company, or other legal entity. <E T="03">Secretary</E> means the Secretary of Agriculture or anyone who has heretofore or may hereafter be delegated authority to act in his stead. <E T="03">Sector Supervisor</E> 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.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <E T="03">Show Manager</E> 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. <E T="03">Sore</E> 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 <PRTPAGE P="118"/>horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment was given. <E T="03">Sponsoring Organization</E> means any person under whose immediate auspices and responsibility a horse show, horse exhibition, horse sale, or horse auction is conducted. <E T="03">State</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.2</SECTNO> <SUBJECT>Prohibitions concerning exhibitors.</SUBJECT> (a) <E T="03">General prohibitions.</E> 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) <E T="03">Specific prohibitions.</E> 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 <FR>3/4</FR> inch in length. That portion of caulk at the rear of a horseshoe in excess of <FR>3/4</FR> 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 <PRTPAGE P="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<FR>1/2</FR> 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.<SU>2</SU> <FTREF/> <FTNT> <SU>2</SU> 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: <E T="03">Provided,</E> That such metal bar(s) do not act as a single fulcrum point so as to affect the balance of the horse. </FTNT> (15) Metal hoof bands, such as used to anchor or strengthen pads and shoes, placed less than <FR>1/2</FR> 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) <E T="03">Substances.</E> 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: <E T="03">Provided,</E> 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) <E T="03">Competition restrictions—2 Year-Old Horses.</E> 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) <E T="03">Information requirements—horse related.</E> 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 <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.3</SECTNO> <SUBJECT>Scar rule.</SUBJECT> 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,<SU>5</SU> <FTREF/> other bilateral pathological evidence of inflammation, and, other bilateral evidence of abuse indicative of soring including, but not limited to, excessive loss of hair. <FTNT> <E T="51">3-4</E>[Reserved] <E T="51">5</E> 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. </FTNT> (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. <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 53 FR 14782, Apr. 26, 1988, 53 FR 28373, July 28, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.4</SECTNO> <SUBJECT>Inspection and detention of horses.</SUBJECT> 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 <PRTPAGE P="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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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<PRTPAGE P="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] <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.5</SECTNO> <SUBJECT>Access to premises and records.</SUBJECT> Requirements regarding access to premises for inspection of horses and records are as follows: (a) <E T="03">Management.</E> (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) <E T="03">Exhibitors.</E> (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. <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.6</SECTNO> <SUBJECT>Inspection space and facility requirements.</SUBJECT> 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, <PRTPAGE P="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. <CITA>[44 FR 25181, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.7</SECTNO> <SUBJECT>Certification and licensing of designated qualified persons (DQP's).</SUBJECT> (a) <E T="03">Basic qualifications of DQP applicants.</E> 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) <E T="03">Certification requirements for DQP programs.</E> 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 <SU>6</SU> <FTREF/> 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: <FTNT> <SU>6</SU> Animal and Plant Health Inspection Service, Regulatory Enforcement and Animal Care, Animal Care, 4700 River Road, Unit 84, Riverdale, Maryland 20737-1234. </FTNT> (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 <PRTPAGE P="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.<SU>6</SU> (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 <SU>6</SU> 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.<SU>6</SU> (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.<SU>6</SU> Notification of the actual date, time, duration, subject matter, and geographic location of such clinics or seminars must be sent to the Administrator <SU>6</SU> 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. <FP>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 <E T="04">Federal Register</E> at least once each year, and <PRTPAGE P="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.</FP> (c) <E T="03">Licensing of DQP's.</E> 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 <SU>6</SU> <FTREF/> 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; <FTNT> <SU>6</SU> See footnote 6 to this section. </FTNT> (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) <E T="03">Requirements to be met by DQP's and Licensing Organizations or Associations.</E> (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.<PRTPAGE P="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. <FP>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.</FP> (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 rec-ords 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 <PRTPAGE P="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) <E T="03">Prohibition of appointment of certain persons to perform duties under the Act.</E> 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,<SU>7</SU> <FTREF/> 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. <FTNT> <SU>7</SU> 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 <E T="03">et seq.</E>) </FTNT> (f) <E T="03">Cancellation of DQP license.</E> (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 § 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,<SU>7</SU> 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) <E T="03">Revocation of DQP program certification of horse industry organizations or associations.</E> 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 <PRTPAGE P="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<SU>6</SU> in writing within 30 days after the date of such revocation and, if requested, shall be afforded an opportunity for a hearing.<SU>7</SU> <FTREF/> 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. <FTNT> <E T="51">6-7</E> See previous footnotes 6 and 7. </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.20</SECTNO> <SUBJECT>Responsibilities and liabilities of management.</SUBJECT> (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.<SU>8</SU> <FTREF/> However, management should immediately notify, in writing, the Department <SU>6</SU> <FTREF/> 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 <PRTPAGE P="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. <FTNT> <SU>8</SU> The duration of the show, exhibition, or sale or auction. </FTNT> (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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.21</SECTNO> <SUBJECT>Inspection procedures for designated qualified persons (DQP's).</SUBJECT> (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 § 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 § 11.2(a) through § 11.2(c) of this part. All action devices, <PRTPAGE P="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 § 11.20(b)(3) of this part. <CITA>[55 FR 41993, Oct. 17, 1990; as amended at 56 FR 13750, Apr. 4, 1991; 57 FR 62175, Dec. 30, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.22</SECTNO> <SUBJECT>Records required and disposition thereof.</SUBJECT> (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 § 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 rec-ords required in this section. (c) The management of any horse show, horse exhibition, or horse sale or <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control numbers 0579-0056, and 0579-0058)</APPRO> <EXTRACT> <FP>(44 U.S.C. 3506)</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.23</SECTNO> <SUBJECT>Inspection of records.</SUBJECT> (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 rec-ords 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. <CITA>[44 FR 25179, Apr. 27, 1979. Redesignated at 55 FR 41993, Oct. 17, 1990, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.24</SECTNO> <SUBJECT>Reporting by management.</SUBJECT> (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<SU>1</SU> <FTREF/> for the State in which the show, exhibition, sale or auction was held, the information required by § 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. <FTNT> <SU>1</SU> See footnote 1 to § 11.1. </FTNT> (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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.40</SECTNO> <SUBJECT>Prohibitions and requirements concerning persons involved in transportation of certain horses.</SUBJECT> (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 § 11.4 of the regulations and shall furnish to any APHIS representatives upon his request the following information:<PRTPAGE P="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] <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.41</SECTNO> <SUBJECT>Reporting required of horse industry organizations or associations.</SUBJECT> 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<SU>6</SU> <FTREF/> 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<SU>6</SU> 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. <FTNT> <SU>6</SU> See footnote 6 to § 11.7. </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 12</EAR> <HD SOURCE="HED">PART 12—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE HORSE PROTECTION ACT</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>12.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>12.10</SECTNO> <SUBJECT>Stipulations. </SUBJECT> </SUBPART> </CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 12.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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. <EXTRACT> <FP>(84 Stat. 1406; 15 U.S.C. 1828)</FP> </EXTRACT> <CITA>[42 FR 10959, Feb. 25, 1977]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 12.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (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 <PRTPAGE P="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. <EXTRACT> <FP>(84 Stat. 1406; 15 U.S.C. 1828)</FP> </EXTRACT> <CITA>[42 FR 10960, Feb. 25, 1977]</CITA> </SECTION> </SUBPART> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="134"/> <HD SOURCE="HED">SUBCHAPTER B—COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES</HD> <PART> <EAR>Pt. 49</EAR> <HD SOURCE="HED">PART 49—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>49.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>49.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 48 FR 30094, June 30, 1983, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 49.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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: <EXTRACT> 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). </EXTRACT> <FP>In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such proceedings.</FP> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 49.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 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. </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 50</EAR> <HD SOURCE="HED">PART 50—ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>50.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>50.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> <SECTNO>50.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> <SECTNO>50.4</SECTNO> <SUBJECT>Determination of existence of or exposure to tuberculosis.</SUBJECT> <SECTNO>50.5</SECTNO> <SUBJECT>Record of tests.</SUBJECT> <SECTNO>50.6</SECTNO> <SUBJECT>Identification of animals to be destroyed because of tuberculosis.</SUBJECT> <SECTNO>50.7</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> <SECTNO>50.8</SECTNO> <SUBJECT>Payment of expenses for transporting and disposing of affected and exposed animals.</SUBJECT> <SECTNO>50.9</SECTNO> <SUBJECT>Appraisals.</SUBJECT> <SECTNO>50.10</SECTNO> <SUBJECT>Report of appraisals.</SUBJECT> <SECTNO>50.11</SECTNO> <SUBJECT>Report of salvage proceeds.</SUBJECT> <SECTNO>50.12</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> <SECTNO>50.13</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> <SECTNO>50.14</SECTNO> <SUBJECT>Claims not allowed.<PRTPAGE P="135"/> </SUBJECT> <SECTNO>50.15</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> <SECTNO>50.16</SECTNO> <SUBJECT>Certain cattle on the Island of Molokai in Hawaii.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 40 FR 27009, June 26, 1975, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 50.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> For the purposes of this part, the following terms shall be construed, respectively, to mean: <E T="03">Accredited veterinarian:</E> 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. <E T="03">Administrator:</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service:</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). <E T="03">APHIS representative:</E> A veterinarian or other person employed by APHIS in animal health activities, who is authorized to perform the function involved. <E T="03">Approved herd plan.</E> 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. <E T="03">Cervid</E>. 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. <E T="03">Department:</E> The United States Department of Agriculture. <E T="03">Designated epidemiologist</E>. 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.” <E T="03">Destroyed:</E> Condemned under State authority and destroyed by slaughter or by death otherwise. <E T="03">Herd</E>. 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. <E T="03">Herd depopulation</E>. 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. <E T="03">Livestock</E>. 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. <E T="03">Mortgage:</E> Any mortgage, lien or other security or interest that is recorded under State law or identified in the indemnity claim form filed under § 50.12 and held by any person other than the one claiming indemnity. <E T="03">Owner:</E> Any person who has a legal or rightful title to livestock whether or not they are subject to a mortgage. <E T="03">Permit:</E> 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; <E T="03">Provided, however,</E> a permit for movement to a quarantined feedlot pursuant to § 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. <E T="03">Person:</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or any organized group of any of the foregoing. <E T="03">Quarantined feedlot:</E> 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 <PRTPAGE P="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. <E T="03">Reactor cattle, bison, and cervids</E>. 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. <E T="03">Registered cattle, bison, or cervids</E>. 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. <E T="03">State:</E> Any State, territory, the District of Columbia, or Puerto Rico. <E T="03">Tuberculosis:</E> The contagious, infectious, and communicable disease caused by <E T="03">Mycobacterium bovis.</E> <E T="03">Veterinarian in Charge:</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> (a) <E T="03">Affected cattle, bison, and cervids.</E> 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) <E T="03">Herd depopulation—cattle, bison, and cervids.</E> 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) <E T="03">Exposed cattle, bison, and cervids</E>. 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 § 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) <E T="03">Exposed swine.</E> 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 § 50.3(b); but, the joint State-Federal indemnity payments, plus salvage, must not exceed the appraised value of each animal. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="137"/> <SECTNO>§ 50.4</SECTNO> <SUBJECT>Determination of existence of or exposure to tuberculosis.</SUBJECT> (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: <E T="03">Provided,</E> That cattle, bison, and cervids classified as exposed to tuberculosis shall be removed direct to slaughter. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.5</SECTNO> <SUBJECT>Record of tests.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.6</SECTNO> <SUBJECT>Identification of animals to be destroyed because of tuberculosis.</SUBJECT> 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) <E T="03">Reactor cattle and bison.</E> 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) <E T="03">Exposed cattle and bison.</E> 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) <E T="03">Exposed swine.</E> Swine destroyed under the provisions of § 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 <PRTPAGE P="138"/>be accompanied to the place of destruction by an APHIS or State representative: <E T="03">Provided, however,</E> 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) <E T="03">Reactor cervids</E>. 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) <E T="03">Exposed cervids</E>. 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.7</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> (a) <E T="03">Slaughter or disposal.</E> 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) <E T="03">Time limit for destruction of animals.</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.8</SECTNO> <SUBJECT>Payment of expenses for transporting and disposing of affected and exposed animals.</SUBJECT> 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; <E T="03">Provided that,</E> 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 <PRTPAGE P="139"/>similar services provided by a commercial hauler or renderer. <CITA>[62 FR 49592, Sept. 23, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.9</SECTNO> <SUBJECT>Appraisals.</SUBJECT> Cattle, bison, cervids, or swine to be destroyed because of tuberculosis under § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.10</SECTNO> <SUBJECT>Report of appraisals.</SUBJECT> Appraisals of cattle, bison, cervids, and swine made in accordance with § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.11</SECTNO> <SUBJECT>Report of salvage proceeds.</SUBJECT> 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 § 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0001)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.12</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.13</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> 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. <CITA>[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 60 FR 37809, July 24, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.14</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> 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: <E T="03">Provided, however,</E> That cattle, bison, and cervids destroyed because of tuberculosis under § 50.3(b) and § 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 <PRTPAGE P="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 § 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 § 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.15</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> 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. <CITA>[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.16</SECTNO> <SUBJECT>Certain cattle on the Island of Molokai in Hawaii.</SUBJECT> (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, <E T="03">except that:</E> 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, <E T="03">Provided, however,</E> 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 <SU>1</SU> <FTREF/> 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 <PRTPAGE P="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; <FTNT> <SU>1</SU> 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.) </FTNT> (4) The purchaser of the exposed cattle has entered into a compliance agreement <SU>1</SU> 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. <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 51</EAR> <HD SOURCE="HED">PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>51.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>51.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> <SECTNO>51.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> <SECTNO>51.4</SECTNO> <SUBJECT>Record of tests.</SUBJECT> <SECTNO>51.5</SECTNO> <SUBJECT>Identification of animals to be destroyed because of brucellosis.</SUBJECT> <SECTNO>51.6</SECTNO> <SUBJECT>Destruction of animals; time limit for destruction of animals.</SUBJECT> <SECTNO>51.7</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> <SECTNO>51.8</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> <SECTNO>51.9</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> <SECTNO>51.10</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 134b; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SECTION> <SECTNO>§ 51.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> For the purposes of this part, the following terms shall be construed, respectively, to mean: <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">Animals.</E> Cattle, bison, and breeding swine. <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Brucellosis exposed animal.</E> 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. <E T="03">Brucellosis reactor animal.</E> Any animal classified as a brucellosis reactor as provided in the definition of official test in § 78.1 of this chapter. <E T="03">Claimant.</E> A person who files a claim for indemnity under § 51.7 for animals destroyed under this part. <E T="03">Condemn.</E> 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. <E T="03">Dairy cattle.</E> 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.<PRTPAGE P="143"/> <E T="03">Destroyed.</E> Condemned under State authority and slaughtered or otherwise dies. <E T="03">Herd.</E> 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. <E T="03">Herd Depopulation.</E> 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. <E T="03">Herd known to be affected.</E> Any herd in which any animal has been classified as a brucellosis reactor and which has not been released from quarantine. <E T="03">Inbred or hybrid swine.</E> 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. <E T="03">Mortgage.</E> Any mortgage, lien, or other security or interest that is recorded under State law or identified in the indemnity claim form filed under § 51.7 and held by any person other than the one claiming indemnity. <E T="03">Official seal.</E> 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. <E T="03">Owner.</E> Any person who has a legal or rightful title to animals whether or not they are subject to a mortgage. <E T="03">Permit.</E> 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. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other legal entity. <E T="03">Recognized slaughtering establishment.</E> Any slaughtering establishment operating under the Meat Inspection Act (21 U.S.C. 601-695) or a State meat inspection act.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <E T="03">Registered breed association.</E> An association formed and perpetuated for the maintenance of records of pure-breeding 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, <PRTPAGE P="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<SU>3</SU> 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. <E T="03">Registered cattle.</E> 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. <E T="03">Registered swine.</E> Any breeding swine for which a certificate of pure breeding has been issued by a purebred swine association. <E T="03">Sexually intact exposed female calf.</E> 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. <E T="03">Specifically approved stockyard.</E> Premises approved by the Administrator, in accordance with § 71.20 of this chapter, for assembling cattle or bison for sale.<SU>2</SU> <FTREF/> <FTNT> <SU>2</SU> Notices containing lists of specifically approved stockyards are published in the <E T="04">Federal Register</E>. Lists of specifically approved stockyards also may be obtained from the State animal health official, State representatives, or APHIS representatives. </FTNT> <E T="03">State.</E> 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. <E T="03">State animal health official.</E> The individual employed by a State who is responsible for livestock and poultry disease control and eradication programs in that State. <E T="03">State representative.</E> 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. <E T="03">Unofficial vaccinate.</E> Any cattle or bison which have been vaccinated for brucellosis other than in accordance with the provisions for official vaccinates set forth in § 78.1 of this chapter. <E T="03">Veterinarian in Charge.</E> 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. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[42 FR 64336, Dec. 23, 1977] <PRTPAGE P="145"/> </CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> For Federal Register citations affecting § 51.1, see the List of CFR Sections Affected in the Finding Aids section of this volume. </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 51.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> 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. <CITA>[42 FR 64336, Dec. 23, 1977, as amended at 54 FR 32435, Aug. 8, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> (a) <E T="03">Cattle and bison.</E> The Administrator may authorize <SU>3</SU> 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) <E T="03">Brucellosis reactor cattle and bison.</E> The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the veterinarian in charge. (2) <E T="03">Herd depopulation.</E> (i) <E T="03">Eligibility.</E> The Administrator may authorize payment of Federal indemnity <SU>3</SU> <FTREF/> 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 <SU>4</SU> <FTREF/> must be furnished to the Veterinarian in Charge prior to payment of Federal indemnity. <FTNT> <SU>3</SU> The Administrator shall authorize payment of Federal indemnity by the United States Department of Agriculture at the maximum per head rates in § 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. </FTNT> <FTNT> <SU>4</SU> 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. </FTNT> (ii) <E T="03">Amount of Federal indemnity.</E> 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) <E T="03">Exposed female calves.</E> The Administrator may authorize <SU>3</SU> the payment of Federal indemnity to any owner whose <E T="03">exposed female calf or calves</E> are destroyed because of brucellosis. The indemnity for such animals shall not exceed $50 per head. Except for sexually <PRTPAGE P="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) <E T="03">Cattle or bison from a brucellosis-affected herd</E>. The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the veterinarian in charge. (b) <E T="03">Swine.</E> (1) <E T="03">Brucellosis reactor swine.</E> The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the Veterinarian in Charge. (2) <E T="03">Herd depopulation.</E> The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the Veterinarian in Charge. (3) <E T="03">Exposed swine.</E> The Administrator may authorize <SU>3</SU> 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 <PRTPAGE P="147"/>Eradication Program. Prior to payment of indemnity, proof of destruction <SU>4</SU> shall be furnished to the Veterinarian in Charge. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.4</SECTNO> <SUBJECT>Record of tests.</SUBJECT> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.5</SECTNO> <SUBJECT>Identification of animals to be destroyed because of brucellosis.</SUBJECT> (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 § 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 <PRTPAGE P="148"/>specific cases, attached to the left ear of each animal. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.6</SECTNO> <SUBJECT>Destruction of animals; time limit for destruction of animals.</SUBJECT> (a) <E T="03">Cattle.</E> 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) <E T="03">Bison.</E> 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, <E T="03">Provided, However,</E> 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) <E T="03">Swine.</E> 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; <SU>5</SU> <FTREF/> except that in the case of indemnity for whole herd depopulation, as provided for in § 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. <FTNT> <SU>5</SU> Markets are approved by the Administrator in accordance with § 76.18 of this chapter. </FTNT> (d) <E T="03">Time limit for destruction of animals.</E> 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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.7</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> (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 <PRTPAGE P="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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.8</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.9</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> 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 <PRTPAGE P="150"/>the results of an official test, as defined in § 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 § 78.1 of this chapter) was not in effect at the time the claim was filed. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.10</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> </PART> <PART> <RESERVED>PART 52 [RESERVED]</RESERVED> </PART> <PART> <EAR>Pt. 53</EAR> <HD SOURCE="HED">PART 53—FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>53.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>53.2</SECTNO> <SUBJECT>Determination of existence of disease; agreements with States.</SUBJECT> <SECTNO>53.3</SECTNO> <SUBJECT>Appraisal of animals or materials.</SUBJECT> <SECTNO>53.4</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> <SECTNO>53.5</SECTNO> <SUBJECT>Disinfection or destruction of materials.</SUBJECT> <SECTNO>53.6</SECTNO> <SUBJECT>Disinfection of animals.</SUBJECT> <SECTNO>53.7</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> <SECTNO>53.8</SECTNO> <SUBJECT>Presentation of claims.</SUBJECT> <SECTNO>53.9</SECTNO> <SUBJECT>Mortgage against animals or materials.</SUBJECT> <SECTNO>53.10</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111, 114, 114a; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <CROSSREF> <HD SOURCE="HED">Cross Reference:</HD> For non-applicability of part 53 with respect to certain claims for indemnity, see § 51.10 of this chapter. </CROSSREF> <SECTION> <PRTPAGE P="151"/> <SECTNO>§ 53.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). <E T="03">Animals.</E> Livestock, poultry, and all other members of the animal kingdom, including birds whether domesticated or wild, but not including man. <E T="03">APHIS employee.</E> 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. <E T="03">Bird.</E> Any member of the class <E T="03">aves</E> other than poultry. <E T="03">Department.</E> The United States Department of Agriculture. <E T="03">Disease.</E> 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. <E T="03">Exotic Newcastle Disease (END).</E> Any velogenic Newcastle disease. Exotic Newcastle disease is an acute, rapidly spreading, and usually fatal viral disease of birds and poultry. <E T="03">Highly pathogenic avian influenza.</E> (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. <E T="03">Inspector in charge.</E> An APHIS employee who is designated by the Administrator to take charge of work in connection with the control and eradication of disease. <E T="03">Materials.</E> 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. <E T="03">Mortgage.</E> Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity. <E T="03">Pet bird.</E> Any bird that is kept for personal pleasure and is not for sale. <E T="03">Poultry.</E> Chickens, ducks, geese, swans, turkeys, pigeons, doves, pheasants, grouse, partridges, quail, guinea fowl, and pea fowl. <E T="03">Secretary.</E> 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. <E T="03">State.</E> 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. <CITA>[61 FR 56882, Nov. 5, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.2</SECTNO> <SUBJECT>Determination of existence of disease; agreements with States.</SUBJECT> (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 § 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: <PRTPAGE P="152"/> <E T="03">Provided, however,</E> 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: <E T="03">Provided, further,</E> 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,<SU>1</SU> <FTREF/> as constituting a threat to the poultry industry of the United States: <E T="03">And provided further,</E> That the Secretary may authorize other arrangements for the payment of such expenses upon finding that an extraordinary emergency exists. <FTNT> <SU>1</SU> Agreements between the Departments and the particular State involved relating to cooperative animal (including poultry) disease prevention, control, and eradication. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.3</SECTNO> <SUBJECT>Appraisal of animals or materials.</SUBJECT> (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. <EXTRACT> <FP>(21 U.S.C. 112, 113, 115, 117, 120, 121, 134b) </FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.4</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> (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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.5</SECTNO> <SUBJECT>Disinfection or destruction of materials.</SUBJECT> (a) In order to prevent the spread of disease, materials contaminated by or exposed to disease shall be disinfected: <E T="03">Provided, however,</E> 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 § 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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.6</SECTNO> <SUBJECT>Disinfection of animals.</SUBJECT> Animals of species not susceptible to the disease for which a quarantine has been established, but which have been <PRTPAGE P="153"/>exposed to the disease, shall be disinfected when necessary by such methods as the Administrator shall prescribe from time to time. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.7</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> 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 § 53.2 with the State in which the work is done. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.8</SECTNO> <SUBJECT>Presentation of claims.</SUBJECT> 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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.9</SECTNO> <SUBJECT>Mortgage against animals or materials.</SUBJECT> 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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.10</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> (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. <CITA>[28 FR 5935, June 13, 1963, as amended at 45 FR 86411, Dec. 31, 1980; 56 FR 51974]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 54</EAR> <HD SOURCE="HED">PART 54—CONTROL OF SCRAPIE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>54.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A [Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Voluntary Scrapie Flock Certification Program</HD> <SECTNO>54.10</SECTNO> <SUBJECT>Administration.</SUBJECT> <SECTNO>54.11</SECTNO> <SUBJECT>Participation.</SUBJECT> <SECTNO>54.12</SECTNO> <SUBJECT>State Scrapie Certification Boards.</SUBJECT> <SECTNO>54.13</SECTNO> <SUBJECT>Cooperative agreements with States.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111, 114, 114a, and 134a-134h; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5936, June 13, 1963, unless otherwise noted. </SOURCE> <EDNOTE> <PRTPAGE P="154"/> <HD SOURCE="HED">Editorial Note:</HD> For nomenclature changes, see 53 FR 2581, Jan. 29, 1988. </EDNOTE> <SECTION> <SECTNO>§ 54.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> For the purpose of this part, the following words, names, and terms shall be construed, respectively, to mean: <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator</E>. 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. <E T="03">Affected animal.</E> An animal for which a diagnosis of scrapie has been made by an APHIS representative or State representative. <E T="03">Animal.</E> A sheep or goat. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service, United States Department of Agriculture. <E T="03">APHIS.</E> The Animal and Plant Health Inspection Service, United States Department of Agriculture. <E T="03">APHIS representative.</E> An individual employed by APHIS in animal health activities who is authorized by the Administrator to perform the function involved. <E T="03">Area Veterinarian in Charge.</E> 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. <E T="03">Bloodline animal.</E> 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. <E T="03">Breed association and registries.</E> 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. <E T="03">Department.</E> The U.S. Department of Agriculture. <E T="03">Destroyed.</E> Killed by slaughter or by such other means as may be authorized by the Administrator in an exceptional situation. <E T="03">Exposed animal.</E> 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). <E T="03">Flock.</E> 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. <E T="03">Flock plan.</E> 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. <E T="03">High-risk animal.</E> An animal which is: (1) The progeny of a scrapie-positive dam;<PRTPAGE P="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. <E T="03">Infected flock.</E> 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. <E T="03">Mortgage.</E> Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. <E T="03">Owner.</E> A person, partnership, company, or corporation who has legal or rightful title to animals whether or not they are subject to a mortgage. <E T="03">Scrapie-positive animal.</E> 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. <E T="03">Source flock.</E> 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. <E T="03">State.</E> Any State or Territory or possession of the United States, the District of Columbia, or Puerto Rico. <E T="03">State representative.</E> 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. <E T="03">Trace flock.</E> 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. <E T="03">Uniform methods and rules—voluntary scrapie flock certification.</E> Uniform methods and rules for reducing the incidence and controlling the spread of scrapie through flock certification.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <CITA>[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]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A [Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Voluntary Scrapie Flock Certification Program</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 57 FR 33631, July 30, 1992, unless otherwise noted. </SOURCE> <SECTION> <PRTPAGE P="156"/> <SECTNO>§ 54.10</SECTNO> <SUBJECT>Administration.</SUBJECT> (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.” </SECTION> <SECTION> <SECTNO>§ 54.11</SECTNO> <SUBJECT>Participation.</SUBJECT> 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 <E T="04">Federal Register</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0101)</APPRO> <CITA>[57 FR 33631, July 30, 1992, as amended at 59 FR 67612, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 54.12</SECTNO> <SUBJECT>State Scrapie Certification Boards.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 54.13</SECTNO> <SUBJECT>Cooperative agreements with States.</SUBJECT> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0101)</APPRO> </SECTION> </SUBPART> </PART> <PART> <RESERVED>PARTS 55-56 [RESERVED]</RESERVED> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="157"/> <HD SOURCE="HED">SUBCHAPTER C—INTERSTATE TRANSPORTATION OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS</HD> <PART> <EAR>Pt. 70</EAR> <HD SOURCE="HED">PART 70—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>70.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>70.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 48 FR 30094, June 30, 1983, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 70.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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: <EXTRACT> 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). </EXTRACT> <FP>In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such proceedings.</FP> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 70.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 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. </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 71</EAR> <HD SOURCE="HED">PART 71—GENERAL PROVISIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>71.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>71.2</SECTNO> <SUBJECT>Secretary to issue rule governing quarantine and interstate movement of diseased animals, including poultry.</SUBJECT> <SECTNO>71.3</SECTNO> <SUBJECT>Interstate movement of diseased animals and poultry generally prohibited.</SUBJECT> <SECTNO>71.4</SECTNO> <SUBJECT>Maintenance of certain facilities and premises in a sanitary condition required; cleaning and disinfection, when required; animals classed as “exposed.”</SUBJECT> <SECTNO>71.5</SECTNO> <SUBJECT>Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted.</SUBJECT> <SECTNO>71.6</SECTNO> <SUBJECT>Carrier responsible for cleaning and disinfecting of railroad cars, trucks, boats, aircraft or other means of conveyance.</SUBJECT> <SECTNO>71.7</SECTNO> <SUBJECT>Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting.</SUBJECT> <SECTNO>71.10</SECTNO> <SUBJECT>Permitted disinfectants.</SUBJECT> <SECTNO>71.11</SECTNO> <SUBJECT>Cresylic disinfectant as permitted disinfectant; specifications.<PRTPAGE P="158"/> </SUBJECT> <SECTNO>71.12</SECTNO> <SUBJECT>Sodium orthophenylphenate as permitted disinfectant for premises infected with tuberculosis.</SUBJECT> <SECTNO>71.13</SECTNO> <SUBJECT>Inspection of shipments in transit by APHIS representative.</SUBJECT> <SECTNO>71.14</SECTNO> <SUBJECT>Slaughter of poultry or other animals to prevent spread of disease; ascertainment of value and compensation.</SUBJECT> <SECTNO>71.15</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; conditions under which permitted.</SUBJECT> <SECTNO>71.16</SECTNO> <SUBJECT>Inspection and certification of poultry or other animals for interstate movement.</SUBJECT> <SECTNO>71.17</SECTNO> <SUBJECT>Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals.</SUBJECT> <SECTNO>71.18</SECTNO> <SUBJECT>Individual identification of certain cattle 2 years of age or over for movement in interstate commerce.</SUBJECT> <SECTNO>71.19</SECTNO> <SUBJECT>Identification of swine in interstate commerce.</SUBJECT> <SECTNO>71.20</SECTNO> <SUBJECT>Approval of livestock facilities.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5937, June 13, 1963, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 71.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> As used in this part, the following terms shall have the meanings set forth in this section. <E T="03">Accredited Veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Approved livestock facility.</E> 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 § 71.20. <E T="03">Area Veterinarian in Charge.</E> 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. <E T="03">Breeder swine.</E> Sexually intact swine over 6 months of age. <E T="03">Commingling.</E> 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. <E T="03">Department.</E> The United States Department of Agriculture. <E T="03">Feeder swine.</E> Swine under 6 months of age that are not slaughter swine. <E T="03">Free area.</E> 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. <E T="03">Horses.</E> Horses, asses, mules, ponies, and zebras. <E T="03">Interstate.</E> From one State into or through any other State. <E T="03">Interstate commerce.</E> 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. <E T="03">Livestock.</E> Horses, cattle, bison, sheep, and swine. <E T="03">Livestock market.</E> A stockyard, buying station, concentration point, or any other premises where livestock are assembled for sale or sale purposes. <E T="03">Moved (movement) in interstate commerce.</E> 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. <E T="03">Official Brand Inspection Agency.</E> The duly constituted body elected, appointed, or delegated or granted authority by a State or governmental subdivision thereof, to administer laws, <PRTPAGE P="159"/>regulations, ordinances or rules pertaining to the brand identification of livestock. <E T="03">Official brand inspection certificate.</E> A certificate issued by an official brand inspection agency in any State in which such certificates are required for movement of livestock. <E T="03">Official eartag.</E> 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. <E T="03">Official swine tattoo.</E> A tattoo, conforming to the six-character alpha-numeric National Tattoo System, that provides a unique identification for each herd or lot of swine. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other legal entity. <E T="03">Premises identification number.</E> 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. <E T="03">Purebred registry association.</E> 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. <E T="03">Quarantined area.</E> 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. <E T="03">Slaughter swine.</E> Swine being sold or moved for slaughter purposes only. <E T="03">State.</E> 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. <E T="03">State animal health official.</E> The state official responsible for livestock and poultry disease control and eradication programs. <E T="03">State representative.</E> 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. <E T="03">Tick infested.</E> Infested with the ticks Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi. <E T="03">United States Department of Agriculture backtag.</E> A backtag issued by APHIS that conforms to the eight-character alpha-numeric National Backtagging System, and that provides unique identification for each animal. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.2</SECTNO> <SUBJECT>Secretary to issue rule governing quarantine and interstate movement of diseased animals, including poultry.</SUBJECT> 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 <PRTPAGE P="160"/>from the quarantined area or will indicate the regulations under which interstate movements may be made. <CITA>[34 FR 15641, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.3</SECTNO> <SUBJECT>Interstate movement of diseased animals and poultry generally prohibited.</SUBJECT> (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 <E T="03">Salmonella enteritidis</E> serotype <E T="03">enteritidis,</E> 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 § 77.5 of this subchapter; and (3) Poultry affected with disease caused by <E T="03">Salmonella enteritidis</E> serotype <E T="03">enteritidis</E> 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: <E T="03">Provided,</E> 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: <E T="03">And provided further,</E> 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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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 <PRTPAGE P="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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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. <CITA>[28 FR 5937, June 13, 1963]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> For <E T="04">Federal Register</E> citations affecting § 71.3, see the List of Sections Affected in the Finding Aids section of this volume. </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 71.4</SECTNO> <SUBJECT>Maintenance of certain facilities and premises in a sanitary condition required; cleaning and disinfection, when required; animals classed as “exposed.”</SUBJECT> (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 §§ 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 <PRTPAGE P="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 §§ 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.5</SECTNO> <SUBJECT>Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted.</SUBJECT> 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 §§ 71.7 and 71.10 through 71.12. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.6</SECTNO> <SUBJECT>Carrier responsible for cleaning and disinfecting of railroad cars, trucks, boats, aircraft or other means of conveyance.</SUBJECT> (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 §§ 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: <E T="03">Provided,</E> 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 § 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 §§ 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 §§ 71.7 and 71.10 through 71.12. <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="163"/> <SECTNO>§ 71.7</SECTNO> <SUBJECT>Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting.</SUBJECT> (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 §§ 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 §§ 71.10 through 71.12. <CITA>[34 FR 15642, Oct. 9, 1969, as amended at 61 FR 56883, Nov. 5, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.10</SECTNO> <SUBJECT>Permitted disinfectants.</SUBJECT> (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<FR>1/2</FR> 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 <E T="03">et seq</E>.), 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 <PRTPAGE P="164"/>and performance issued by the Administrator. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.11</SECTNO> <SUBJECT>Cresylic disinfectant as permitted disinfectant; specifications.</SUBJECT> The following specifications will be employed for determining the suitability of cresylic disinfectant for use under the provisions of § 71.10(b)(3): (a) The product shall remain a uniform liquid when held at 0° C. (32° F.) for 3 hours (chill test). (b) The product shall dissolve completely in 30 parts of distilled water at 25° C. (77° 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<SU>6</SU>H<SU>5</SU>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. </SECTION> <SECTION> <SECTNO>§ 71.12</SECTNO> <SUBJECT>Sodium orthophenylphenate as permitted disinfectant for premises infected with tuberculosis.</SUBJECT> (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° F. or over. Whenever the temperature of the building to be disinfected is below 60° F., as indicated by a wall thermometer, the solution shall be heated to 120° F. and higher in very cold weather, to insure effective disinfection. </SECTION> <SECTION> <SECTNO>§ 71.13</SECTNO> <SUBJECT>Inspection of shipments in transit by APHIS representative.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="165"/> <SECTNO>§ 71.14</SECTNO> <SUBJECT>Slaughter of poultry or other animals to prevent spread of disease; ascertainment of value and compensation.</SUBJECT> 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. <CITA>[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.15</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; conditions under which permitted.</SUBJECT> 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. <CITA>[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.16</SECTNO> <SUBJECT>Inspection and certification of poultry or other animals for interstate movement.</SUBJECT> (a) <E T="03">Assistance and facilities.</E> 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) <E T="03">Certificates and other statements to accompany shipments.</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.17</SECTNO> <SUBJECT>Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals.</SUBJECT> No dead poultry or other animals shall be offered or accepted for transportation or transported in the same <PRTPAGE P="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. <CITA>[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.18</SECTNO> <SUBJECT>Individual identification of certain cattle 2 years of age or over for movement in interstate commerce.</SUBJECT> (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 §§ 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 bya Department-approved backtag<SU>1</SU> <FTREF/> 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<SU>2</SU> <FTREF/> stating: (A) The point from which the animals are moved interstate; (B) thedestination 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: <E T="03">Provided,</E> 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 <E T="03">et seq.</E>),<SU>3</SU> <FTREF/> directly to a recognized slaughtering establishment as defined in § 78.1 of this chapter; or <FTNT> <SU>1</SU> 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 § 78.1 of this chapter. The terms “State representative” and “APHIS representative” are defined in § 78.1 of this chapter. </FTNT> <FTNT> <SU>2</SU> 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. </FTNT> <FTNT> <SU>3</SU>Posted stockyards are designated by posting notice at such stockyards and by publication in the <E T="04">Federal Register</E>. Information concerning posted stockyards may also be obtained from the Washington office or the area offices of the Packers and Stockyards Administration. </FTNT> (ii) May be moved in interstate commerce only from a farm, ranch, or feedlot to a recognized slaughtering establishment as defined in § 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 <E T="03">et seq.</E>), 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<SU>2</SU> 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 <PRTPAGE P="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: <E T="03">Provided,</E> That the application of backtags is not required if such cattle are moved in interstate commerce to a recognized slaughtering establishment as defined in § 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: <E T="03">And provided, further,</E> That the application of backtags is not required when such cattle are moved in interstate commerce to a recognized slaughtering establishment as defined in § 78.1 of this chapter, which maintains records of ownership of cattle by slaughter lot number;<SU>4</SU> <FTREF/> or <FTNT> <SU>4</SU> 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. </FTNT> (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 ofbacktags, and, except as provided in paragraph (a)(5) of this section, are accompanied when moved interstate by an owner's statement or other document<SU>2</SU> 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: <E T="03">Provided,</E> 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<SU>2</SU> 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;<SU>5</SU> <FTREF/> 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 § 78.1, at any time within the year from the date of such delivery. <FTNT> <SU>5</SU> 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. </FTNT> (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 <SU>2</SU> as a condition of movement in interstate commerce under paragraph (a)(1) of this section, shall not be required to <PRTPAGE P="168"/>be accompanied by such an owner-shipper statement or other document <SU>2</SU> <FTREF/> if the following conditions are met: if the cattle are moved to a recognized slaughtering establishment as defined in § 78.1 of this chapter or to a stockyard specifically approved under § 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. <FTNT> <SU>2</SU> 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. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.19</SECTNO> <SUBJECT>Identification of swine in interstate commerce.</SUBJECT> (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 § 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.<PRTPAGE P="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 <E T="04">Federal Register</E> to add the devices and markings to the list of approved means of swine identification. <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="170"/> <SECTNO>§ 71.20</SECTNO> <SUBJECT>Approval of livestock facilities.</SUBJECT> (a) To qualify for approval by the Administrator as an approved livestock facility <E T="51">6</E> <FTREF/> and to retain such designation, the individual legally responsible for the day-to-day operations of the livestock facility shall execute the following agreement: <FTNT> <SU>6</SU> 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. </FTNT> <EXTRACT> <HD SOURCE="HD3">AGREEMENT—APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS</HD> [<E T="03">Name of facility</E>] [<E T="03">Address and telephone number of facility</E>] I, [<E T="03">name of the individual legally responsible for the day-to-day operations of the livestock facility</E>], operator of [<E T="03">name of facility</E>], hereby agree to maintain and operate the livestock facility located at [<E T="03">address of premises</E>] in accordance with the applicable provisions of this agreement and Chapter I, Title 9, of the Code of Federal Regulations (9 CFR). <HD SOURCE="HD2">Cooperation</HD> (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. <HD SOURCE="HD2">Records</HD> (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. <HD SOURCE="HD2">Identification</HD> (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. <HD SOURCE="HD2">Cleaning and Disinfection</HD> (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. <HD SOURCE="HD2">General Facilities and Equipment Standards</HD> (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. <HD SOURCE="HD2">Standards for Handling Different Classes of Livestock</HD> <FP>(By his or her initials, the operator of the facility shall signify the class or classes of livestock that the facility will handle.)<PRTPAGE P="171"/> </FP> (14) Cattle and bison: <FP SOURCE="FP-1">—This facility will handle cattle and bison: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle cattle and bison known to be brucellosis reactors, suspects, or exposed: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—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: [<E T="03">Initials of operator, date</E>]</FP> (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: <FP SOURCE="FP-1">—This facility will handle breeding swine: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle slaughter swine: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle feeder swine: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle pseudorabies reactor, suspect, or exposed swine: [<E T="03">Initials of operator, date</E>].</FP> <FP SOURCE="FP-1">—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: [<E T="03">Initials of operator, date</E>].</FP> (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: <FP SOURCE="FP-1">—This facility will handle horses: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle equine infectious anemia (EIA) reactors: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will not handle horses known to be EIA reactors and will not permit EIA reactors to enter the facility: [<E T="03">Initials of operator, date</E>]</FP> <PRTPAGE P="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. <HD SOURCE="HD2">Approvals</HD> (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. [<E T="03">Printed name and signature of operator, date of signature</E>] (18) Pre-approval inspection of livestock facility conducted by [<E T="03">printed name and title of APHIS representative] on [date of inspection</E>]. (19) Recommend approval: [<E T="03">Printed name and signature of State animal health official, date of signature</E>] [<E T="03">Printed name and signature of area veterinarian in charge, date of signature</E>] (20) Approval granted: [<E T="03">Printed name and signature of the Administrator, Animal and Plant Health Inspection Service, date of signature</E>] </EXTRACT> (b) <E T="03">Denial and withdrawal of approval.</E> 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.<PRTPAGE P="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. <CITA>[62 FR 27934, May 22, 1997, as amended at 62 FR 54758, Oct. 22, 1997]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 72</EAR> <HD SOURCE="HED">PART 72—TEXAS (SPLENETIC) FEVER IN CATTLE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>72.1</SECTNO> <SUBJECT>Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed animals prohibited.</SUBJECT> <SECTNO>72.2</SECTNO> <SUBJECT>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.</SUBJECT> <SECTNO>72.3</SECTNO> <SUBJECT>Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.</SUBJECT> <SECTNO>72.4</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>72.5</SECTNO> <SUBJECT>Area quarantined in Texas.</SUBJECT> <SECTNO>72.6</SECTNO> <SUBJECT>Interstate movement of cattle from quarantined areas not eradicating ticks.</SUBJECT> <SECTNO>72.7</SECTNO> <SUBJECT>Interstate movement of cattle from cooperating States.</SUBJECT> <SECTNO>72.8</SECTNO> <SUBJECT>Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.</SUBJECT> <SECTNO>72.9</SECTNO> <SUBJECT>Interstate movements of cattle; inspection and certification by APHIS inspector required.</SUBJECT> <SECTNO>72.10</SECTNO> <SUBJECT>Inspected or dipped and certified cattle subject to restrictions of State of destination.</SUBJECT> <SECTNO>72.11</SECTNO> <SUBJECT>Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.</SUBJECT> <SECTNO>72.12</SECTNO> <SUBJECT>Cattle; exposure to tick infestation after treatment or inspection prohibited.</SUBJECT> <SECTNO>72.13</SECTNO> <SUBJECT>Permitted dips and procedures.</SUBJECT> <SECTNO>72.14</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>72.15</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> <SECTNO>72.16</SECTNO> <SUBJECT>Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.</SUBJECT> <SECTNO>72.17</SECTNO> <SUBJECT>Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.</SUBJECT> <SECTNO>72.18</SECTNO> <SUBJECT>Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.</SUBJECT> <SECTNO>72.19</SECTNO> <SUBJECT>Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.</SUBJECT> <SECTNO>72.20</SECTNO> <SUBJECT>Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.</SUBJECT> <SECTNO>72.21</SECTNO> <SUBJECT>Animals infested with or exposed to ticks subject to same restrictions as cattle.</SUBJECT> <SECTNO>72.22</SECTNO> <SUBJECT>Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.</SUBJECT> <SECTNO>72.23</SECTNO> <SUBJECT>Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.</SUBJECT> <SECTNO>72.24</SECTNO> <SUBJECT>Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.</SUBJECT> <SECTNO>72.25</SECTNO> <SUBJECT>Dipping methods.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5940, June 13, 1963, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 72.1</SECTNO> <SUBJECT>Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed animals prohibited.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 72.2</SECTNO> <SUBJECT>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.</SUBJECT> 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 <PRTPAGE P="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 §§ 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. <CITA>[43 FR 60864, Dec. 29, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.3</SECTNO> <SUBJECT>Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.</SUBJECT> 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. <CITA>[43 FR 60864, Dec. 29, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.4</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 72.5</SECTNO> <SUBJECT>Area quarantined in Texas.</SUBJECT> The following portions of the specified counties in Texas are quarantined: (a) That portion of <E T="03">Val Verde County</E> 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<FR>3/4</FR> 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<FR>1/4</FR> 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<FR>1/8</FR> 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<FR>3/4</FR>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 <E T="61">#</E>1, approximately <FR>1/8</FR> mile; thence, following the meanderings of Woodson Field <E T="61">#</E>1 east fence in a southwesterly direction to the southwest corner of the same, approximately <FR>1/4</FR> 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 <FR>3/10</FR> mile; thence, following Garza Lane in a westerly direction to a corner, approximately <FR>1/8</FR> mile; thence, following Garza Lane in a southeasterly direction to where it intersects U.S. Highway 277 Spur, approximately 1<FR>1/8</FR> miles; thence, following U.S. Highway 277 Spur in a southeasterly direction to its intersection with Hudson Drive, approximately <FR>1/2</FR> mile; thence, following Hudson Drive in a southeasterly direction to where it joins Rio Grande Drive, formerly called Silo Field Road, approximately <FR>6/10</FR> mile; thence, following the west fence of Rio Grande Drive in a southeasterly direction to where it joins the east fence of the Rudy MotaVega,<SU>1</SU> <FTREF/> approximately <FR>4/10</FR> mile; thence, following the east fence of the Rudy Mota Vega in a southerly direction to where it joins the San Felipe Creek, approximately <FR>3/10</FR> 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<FR>2/10</FR> 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 <PRTPAGE P="175"/>fence of the Rancho Rio Grande, approximately 3<FR>2/10</FR> 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<FR>2/10</FR> miles <FTNT> <SU>1</SU> Vega is a flat lowland area. </FTNT> (b) That portion of <E T="03">Kinney County</E> 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 <E T="03">Maverick County</E> 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<FR>7/10</FR> 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<FR>5/10</FR> 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<FR>5/10</FR> 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 <FR>1/2</FR> 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<FR>1/4</FR> 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 <FR>3/8</FR> 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 <FR>3/4</FR> mile; thence, following the Lehman north fence in a southeasterly direction to adrainage canal, approximately <FR>1/8</FR> mile; thence, following the drainage canal in a southerly direction to the north fence of the Las Vegas Ranch, approximately <FR>7/8</FR> 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<FR>1/2</FR> 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 <FR>3/8</FR> 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<FR>1/2</FR> 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,<SU>2</SU> <FTREF/> approximately 1<FR>3/8</FR> miles; thence, following the west fence of the Beer Joint Trap in a southerly direction to the southwest corner of the same, approximately <FR>5/8</FR> 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 <FR>3/4</FR> 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 toits intersection with Church Street, approximately 8<FR>1/2</FR> miles; thence, following Church Street in a westerly direction to its intersection with Commercial Street, approximately <FR>5/10</FR> mile; thence, following Commercial Street in a southerly direction to its intersection with Garrison Street, approximately <FR>7/10</FR> mile; thence, following Garrison Street in an easterly direction to its intersection with Adams Street, approximately <FR>2/10</FR> mile; thence, following the meanderings of Adams Street in a southerly direction <PRTPAGE P="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<FR>1/2</FR> miles; thence, following Brown Street in an easterly direction to the intersection of Farm Road 1021, approximately <FR>1/2</FR> 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<FR>1/2</FR> 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<FR>1/4</FR> miles; thence, following the same double fence in a westerly direction to a corner, approximately <FR>5/8</FR> mile; thence, following the same double fence in a northerly direction to a corner, approximately <FR>3/4</FR> mile; thence, following the same double fence in a westerly direction to the northwest corner of the LomaLinda Ranch, approximately <FR>7/8</FR> 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<FR>1/2</FR> 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 <FR>3/8</FR> 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<FR>1/4</FR> miles; thence, following the meanderings of the Stone Ranch Upper Pasture west double fence in a northerly direction to a corner, approximately <FR>1/2</FR> 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 <FR>3/4</FR> 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<FR>3/4</FR> miles; thence, along the Kiesling Lake Pasture double fence in a southeasterlydirection to where it intersects the north fence of the Dick Swartz Ranch Mansfield Pasture, approximately 1<FR>3/4</FR> 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. <FTNT> <SU>2</SU> A trap is an area in which animals may be trapped. </FTNT> (d) That portion of <E T="03">Webb County</E> 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<FR>1/2</FR> 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<FR>1/4</FR> 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<FR>3/4</FR> 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<FR>1/8</FR> miles; thence, following the Mines Road in a southeasterly direction to its intersection with Del Mar Boulevard and Interstate Highway 35, approximately 16<FR>3/10</FR> miles; thence, following Interstate Highway 35 in a southerly <PRTPAGE P="177"/>direction to its intersection with Matamoros Street (U.S. Highway 83), approximately 4<FR>1/10</FR> 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<FR>1/2</FR> miles to where U.S. Highway 83 turns in a southerly direction; thence, following U.S. Highway 83 in a southerly direction, approximately 12<FR>3/10</FR> 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<FR>5/10</FR> miles; thence, following the meanderings of the H.B. Zachary west double fence in a southeasterly direction to a corner, approximately 4<FR>1/2</FR> miles; thence, following the same fence in an easterly direction to a corner, approximately <FR>3/8</FR> mile; thence, following the same fence in a southerly direction to a corner, approximately <FR>3/8</FR> 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 <E T="03">Zapata County</E> 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 <FR>3/10</FR> mile; thence, east along the north fence of the Martinez Windmill Trap to the northeast corner of same, approximately <FR>3/10</FR> mile; thence, following the east fence of the Martinez Windmill Trap in a southerly direction to the southeast corner of same, approximately <FR>1/10</FR> mile; thence, along the south fence of the Martinez Windmill Trap in a westerly direction to where it intersects U.S. Highway 83, approximately <FR>3/10</FR> mile; thence, following U.S. Highway 83 in a southerly direction to where it intersects the Juan Vidaurri heirs’ pasture north fence, approximately 2<FR>5/10</FR> miles; thence, following the Juan Vidaurri heirs’ pasture north fence in an easterly direction to the northeast corner of same, approximately 1<FR>5/10</FR> 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<FR>5/10</FR> miles; thence, following the north fence of the Dye Farm in a westerly direction to where it intersectsU.S. Highway 83, approximately <FR>7/8</FR> 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 <FR>1/16</FR> 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<FR>5/10</FR> 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 <FR>3/10</FR> 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<FR>2/10</FR> miles; thence, following U.S. Highway 83 in a southerly direction to where it intersects the Zapata-Starr County Line, approximately 23<FR>1/8</FR> miles. (f) That portion of <E T="03">Starr County</E> 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<FR>3/4</FR> 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 <FR>4/10</FR> mile; thence, across Park Road 46 at the entrance to Falcon State Park on Old U.S. Highway 83 and following the <PRTPAGE P="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 <FR>4/10</FR> mile; thence, following the same fence in a southerly direction to where it intersects the north fence of the IBWC Compound, approximately <FR>5/10</FR> mile; thence, following the IBWC Compound north fence in an easterly direction to its intersection with Old U.S. Highway 83, approximately <FR>4/10</FR> 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<FR>1/4</FR> 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<FR>1/2</FR> 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 <FR>4/10</FR> 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 <FR>9/10</FR> mile; thence, following the same dirt road in a southerly direction to where it intersects U.S. Highway 83 at the RomaGraveyard, approximately <FR>3/10</FR> 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<FR>1/4</FR> miles; thence, following the west fence of the Lupe Villarreal pasture in a northerly direction to the northwest corner of the same, approximately <FR>1/2</FR> 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 <FR>4/10</FR> mile; thence, following the same fence in a northerly direction to where it intersects the West City Limits Road, approximately <FR>4/10</FR> mile; thence, following the West City Limits Road in a northerly direction to the north fence of the Rene Smith property, approximately <FR>3/10</FR> 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 <FR>1/2</FR> 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<FR>6/10</FR> 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 <FR>2/10</FR> mile;thence, following the west fence of the Rene Soliz pasture in a southerly direction to the southwest corner of the same, approximately <FR>2/10</FR> mile; thence, following the south fence of the Rene Soliz pasture in an easterly direction to a corner, approximately <FR>1/10</FR> mile; thence, following the same fence in a northerly direction to a corner, approximately <FR>2/10</FR> mile; thence, following the same fence in an easterly direction to a corner, approximately <FR>2/10</FR> mile; thence, following the same fence in a northerly direction to where it joins the North City Limits Road, approximately <FR>2/10</FR> mile; thence, following the meanderings of the North City Limits Road in an easterly direction to where it joins FM Road 755, approximately <FR>7/10</FR> mile; thence, following FM Road 755 in a northeasterly direction to the Los Olmos Creek Bridge, approximately <FR>2/10</FR> 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 <FR>3/4</FR> 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 <FR>6/10</FR> 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 <FR>5/16</FR> mile; thence, crossing the M.P. Railroad right-ofway <PRTPAGE P="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 <E T="03">Hidalgo County</E> 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 <FR>1/2</FR> mile; thence, following the north fence of the railroad right-of-way in an easterly direction to where it intersects the Havanna Road, approximately <FR>6/10</FR> 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<FR>1/2</FR> miles; thence, following the Old Military Road in an easterly direction to where it joins FM Road No. 1016 at Madero, approximately 1<FR>3/4</FR> 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, approximately1<FR>3/4</FR> miles; thence, following the North Granjeno Road in an easterly direction to where it intersects Shary Road, approximately <FR>5/8</FR> 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<FR>2/10</FR> 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 <E T="03">Cameron County</E> 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 <FR>1/2</FR> 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<FR>1/8</FR> 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<FR>1/2</FR> miles; thence, southwest on Ohio Station Road to where it intersects the Cameron County Water District drain ditch, approximately <FR>3/4</FR> 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<FR>1/2</FR> 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<FR>1/4</FR> 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<FR>2/10</FR> 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 <FR>3/8</FR> mile; thence, following FM Road 1732 in an easterly direction to where it intersects Carmen Avenue, approximately 1<FR>3/4</FR> miles; thence, following Carmen Avenue in a southerly direction to where it intersects the south loop of the Resaca de la <PRTPAGE P="180"/>Guerra, approximately 3<FR>1/2</FR> 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, approximately1<FR>1/2</FR> 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<FR>1/2</FR> 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<FR>1/2</FR> miles. <CITA>[49 FR 49611, Dec. 21, 1984, as amended at 50 FR 21796, May 29, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.6</SECTNO> <SUBJECT>Interstate movement of cattle from quarantined areas not eradicating ticks.</SUBJECT> Cattle of any quarantined area where tick eradication is not being conducted,<SU>3</SU> <FTREF/> 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 § 72.13, at a designated dipping station approved under § 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 §§ 72.9 through 72.15. <FTNT> <SU>3</SU> 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. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.7</SECTNO> <SUBJECT>Interstate movement of cattle from cooperating States.</SUBJECT> Cattle in areas where tick eradication is being conducted in cooperation with State authorities,<SU>3</SU> 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 § 72.13, under the supervision of an APHIS inspector and certification by the inspector, be shipped or transported interstate for dip as provided in § 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 §§ 72.9 through 72.15. <CITA>[36 FR 20358, Oct. 21, 1971, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.8</SECTNO> <SUBJECT>Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.</SUBJECT> 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 §§ 72.9, 72.10, 72.12. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.9</SECTNO> <SUBJECT>Interstate movements of cattle; inspection and certification by APHIS inspector required.</SUBJECT> 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 § 72.6 or by § 72.7 and are free of ticks, or have been inspected as required by <PRTPAGE P="181"/>§ 72.8 and are free of ticks); all such certificates shall be handled, delivered, kept, and preserved in accordance with the provisions of § 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.10</SECTNO> <SUBJECT>Inspected or dipped and certified cattle subject to restrictions of State of destination.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 72.11</SECTNO> <SUBJECT>Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 72.12</SECTNO> <SUBJECT>Cattle; exposure to tick infestation after treatment or inspection prohibited.</SUBJECT> The cattle shall not be exposed to tick infestation after treatment and/or inspection. </SECTION> <SECTION> <SECTNO>§ 72.13</SECTNO> <SUBJECT>Permitted dips and procedures.</SUBJECT> (a) <E T="03">Dipping requirements; facilities; handling.</E> 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.<SU>4</SU> <FTREF/> <FTNT> <SU>4</SU> 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. </FTNT> (b) <E T="03">Permitted dips.</E> The dips at present permitted by the Department in official dipping for interstate movement are: (1) Approved proprietary brands of a Dioxathion (Delnav<E T="21">R</E>) emulsifiable concentrate used at a concentration of 0.125 to 0.150 percent.<SU>4</SU> (2) Approved proprietary brands of coumaphos (Co-Ral<E T="21">R</E>), 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.<SU>4</SU> (3) Approved proprietary brands of organophosphorous insecticides (Prolate<E T="04">#</E>) 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<E T="04">#</E>) if used in a concentration of 0.44 to 0.54 percent and if used in accordance with the EPA approved label. (c) <E T="03">Approval of dips.</E> 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 <E T="03">et seq</E>.); 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.<PRTPAGE P="182"/> (d) <E T="03">Tissue residues; restriction on slaughter.</E> 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 <E T="03">et seq</E>.). The length of this period shall be specified on each certificate issued by the inspector who supervises the dipping. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.14</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 72.15</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.16</SECTNO> <SUBJECT>Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.</SUBJECT> 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 § 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.17</SECTNO> <SUBJECT>Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.</SUBJECT> (a) <E T="03">Specifications for construction and maintenance.</E> 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 <PRTPAGE P="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) <E T="03">Materials for use in noninfectious pens; source, shipment, handling.</E> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.18</SECTNO> <SUBJECT>Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.</SUBJECT> (a) <E T="03">Tick-infested cattle.</E> 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 § 72.6: <E T="03">Provided, however,</E> 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) <E T="03">Tick-exposed cattle.</E> 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 § 72.7: <E T="03">Provided, however,</E> 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) <E T="03">Cattle moved contrary to regulations.</E> Cattle which have been moved from the quarantined area to the free area without first having been treated in the manner provided in either § 72.6 or § 72.7 or inspected in the manner provided in § 72.8 shall not be shipped or moved interstate until they have been treated in the same manner as cattle under § 72.6: <E T="03">Provided, however,</E> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.19</SECTNO> <SUBJECT>Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.</SUBJECT> 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 § 72.24. </SECTION> <SECTION> <SECTNO>§ 72.20</SECTNO> <SUBJECT>Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.</SUBJECT> 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: <E T="03">Provided,</E> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <PRTPAGE P="184"/> <SECTNO>§ 72.21</SECTNO> <SUBJECT>Animals infested with or exposed to ticks subject to same restrictions as cattle.</SUBJECT> 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 §§ 72.9 through 72.15 and § 72.18 of this part governing the interstate movement of cattle. </SECTION> <SECTION> <SECTNO>§ 72.22</SECTNO> <SUBJECT>Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.</SUBJECT> 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 § 72.13 under supervision of a State or Federal inspector or an accredited veterinarian. <CITA>[38 FR 21996, Aug. 15, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.23</SECTNO> <SUBJECT>Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.</SUBJECT> 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 § 72.13 before being moved interstate under supervision of a State or Federal inspector or an accredited veterinarian. <CITA>[38 FR 21996, Aug. 15, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.24</SECTNO> <SUBJECT>Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.</SUBJECT> 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 § 72.13, or shall be otherwise disposed of under prior permission received from the Administrator, APHIS. <CITA>[38 FR 21996, Aug. 15, 1973, as amended at 56 FR 51974, 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.25</SECTNO> <SUBJECT>Dipping methods.</SUBJECT> 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. <CITA>[50 FR 430, Jan. 4, 1985]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 73</EAR> <HD SOURCE="HED">PART 73—SCABIES IN CATTLE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>73.1</SECTNO> <SUBJECT>Interstate movement prohibited.</SUBJECT> <SECTNO>73.1a</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>73.1b</SECTNO> <SUBJECT>Quarantine policy.</SUBJECT> <SECTNO>73.1c</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>73.2</SECTNO> <SUBJECT>Interstate shipment for immediate slaughter from quarantined or nonquarantined areas; conditions under which permitted.</SUBJECT> <SECTNO>73.3</SECTNO> <SUBJECT>Shipment for purposes other than slaughter; conditions under which permitted.</SUBJECT> <SECTNO>73.4</SECTNO> <SUBJECT>Interstate shipment of exposed but not visibly diseased cattle from a quarantined or nonquarantined area; conditions under which permitted.</SUBJECT> <SECTNO>73.5</SECTNO> <SUBJECT>Interstate shipment of undiseased cattle from quarantined area; when permitted.</SUBJECT> <SECTNO>73.6</SECTNO> <SUBJECT>Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle exposed to scabies.</SUBJECT> <SECTNO>73.7</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; restrictions under which permitted.</SUBJECT> <SECTNO>73.8</SECTNO> <SUBJECT>Cattle infected or exposed during transit.</SUBJECT> <SECTNO>73.9</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> <SECTNO>73.10</SECTNO> <SUBJECT>Permitted dips; substances allowed.</SUBJECT> <SECTNO>73.11</SECTNO> <SUBJECT>Treatment of means of conveyance and premises having contained scabby cattle.</SUBJECT> <SECTNO>73.12</SECTNO> <SUBJECT>Ivermectin.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SECTION> <PRTPAGE P="185"/> <SECTNO>§ 73.1</SECTNO> <SUBJECT>Interstate movement prohibited.</SUBJECT> (a) <E T="03">Cattle affected with scabies.</E> No cattle affected with scabies shall be shipped, trailed, driven, or otherwise moved interstate for any purpose except as provided in this part. (b) <E T="03">Cattle affected with or exposed to scabies.</E> 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) <E T="03">Cattle from area quarantined for scabies.</E> 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. <CITA>[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.1a</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 73.1b</SECTNO> <SUBJECT>Quarantine policy.</SUBJECT> 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. <CITA>[38 FR 31671, Nov. 16, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.1c</SECTNO> <SUBJECT>Definitions.</SUBJECT> For purposes of this part the following terms shall have the meaning set forth in this section. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">APHIS Inspector.</E> 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. <E T="03">State Inspector.</E> 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. <CITA>[41 FR 5384, Feb. 6, 1976, as amended at 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.2</SECTNO> <SUBJECT>Interstate shipment for immediate slaughter from quarantined or nonquarantined areas; conditions under which permitted.</SUBJECT> (a) <E T="03">Conditions under which permitted after one dipping.</E> 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 § 73.6.<PRTPAGE P="186"/> (b) <E T="03">After one dipping; to be slaughtered within 14 days or redipped by owner.</E> 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) <E T="03">When part of diseased herd not visibly affected.</E> 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: <E T="03">Provided,</E> 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 § 73.6. (d) <E T="03">Undiseased herds in quarantined area; conditions under which permitted.</E> 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. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.3</SECTNO> <SUBJECT>Shipment for purposes other than slaughter; conditions under which permitted.</SUBJECT> 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 § 73.6. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.4</SECTNO> <SUBJECT>Interstate shipment of exposed but not visibly diseased cattle from a quarantined or nonquarantined area; conditions under which permitted.</SUBJECT> 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 § 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. <CITA>[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.5</SECTNO> <SUBJECT>Interstate shipment of undiseased cattle from quarantined area; when permitted.</SUBJECT> 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 <PRTPAGE P="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 § 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: <E T="03">Provided further,</E> that treatment withivermectin 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.6</SECTNO> <SUBJECT>Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle exposed to scabies.</SUBJECT> 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<FR>1/2</FR> by 8 inches in size, on which shall be printed with permanent black ink in boldfaced letters, not less than 1<FR>1/2</FR> 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 <PRTPAGE P="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. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.7</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; restrictions under which permitted.</SUBJECT> 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: <E T="03">Provided, however,</E> 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, <E T="03">Provided,</E> 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: <E T="03">And provided further,</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <EXTRACT> <FP>(44 U.S.C. 3506)</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.8</SECTNO> <SUBJECT>Cattle infected or exposed during transit.</SUBJECT> (a) <E T="03">Healthy cattle from unquarantined State exposed en route.</E> 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) <E T="03">Interstate shipments of cattle under APHIS or State certificate found affected or exposed en route.</E> 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 §§ 71.4 through 71.11 of this subchapter. <CITA>[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.9</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> 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 <PRTPAGE P="189"/>may come into contact with the cattle so dipped or treated. <CITA>[41 FR 4012, Jan. 28, 1976, as amended at 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.10</SECTNO> <SUBJECT>Permitted dips; substances allowed.</SUBJECT> (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 <E T="03">et seq</E>.). 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-Ral<E T="21">R</E>), 25 percent wettable powder or flowable form used at a concentration of 0.30 percent. (4) Approved proprietary brands of organophosphorous insecticides (Prolate<E T="21">R</E>) 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° to 105° 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.<SU>1</SU> <FTREF/> The dipping bath for toxaphene emulsions must be kept within a temperature range of 40°-80° F., and at a concentration between 0.50 and 0.60 percent throughout the dipping operations.<E T="21">2</E> <FTREF/> <FTNT> <E T="21">1</E> 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. </FTNT> <FTNT> <E T="21">2</E> 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. </FTNT> (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 <SU>3</SU> <FTREF/> 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 <E T="03">et seq</E>.); 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. <FTNT> <E T="21">3</E> Information as to the names of such dips may be obtained from the APHIS or a APHIS inspector. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.11</SECTNO> <SUBJECT>Treatment of means of conveyance and premises having contained scabby cattle.</SUBJECT> 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 § 73.10 under supervision of a State or Federal inspector or an accredited veterinarian. <CITA>[38 FR 21996, Aug. 15, 1973, as amended at 41 FR 5384, Feb. 6, 1976]</CITA> </SECTION> <SECTION> <PRTPAGE P="190"/> <SECTNO>§ 73.12</SECTNO> <SUBJECT>Ivermectin.<SU>1</SU> </SUBJECT> (a)<FTREF/> 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: <FTNT> <SU>1</SU> 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 <E T="03">et seq.</E>). 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 <E T="03">et seq.</E>) 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.” </FTNT> (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 § 73.6. <NOTE> <HD SOURCE="HED">Note:</HD> 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. </NOTE> (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 § 73.6. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[49 FR 10530, Mar. 20, 1984 and 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> </PART> <PART> <RESERVED>PART 74 [RESERVED]</RESERVED> </PART> <PART> <PRTPAGE P="191"/> <EAR>Pt. 75</EAR> <HD SOURCE="HED">PART 75—COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS</HD> <CONTENTS> <SUBJGRP> <HD SOURCE="HED">Dourine in Horses and Asses</HD> <SECHD>Sec.</SECHD> <SECTNO>75.1-75.3</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Equine Infectious Anemia (Swamp Fever)</HD> <SECTNO>75.4</SECTNO> <SUBJECT>Interstate movement of equine infectious anemia reactors and approval of laboratories, diagnostic facilities, and research facilities.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Contagious Equine Metritis (CEM)</HD> <SECTNO>75.5-75.10</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5950, June 13, 1963, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Dourine in Horses and Asses</HD> <SECTION> <SECTNO>§§ 75.1-75.3</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Equine Infectious Anemia (Swamp Fever)</HD> <SECTION> <SECTNO>§ 75.4</SECTNO> <SUBJECT>Interstate movement of equine infectious anemia reactors and approval of laboratories, diagnostic facilities, and research facilities.</SUBJECT> (a) <E T="03">Definitions.</E> For the purpose of this section, the following terms have the meanings set forth in this paragraph. <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">Animals.</E> Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the functions involved. <E T="03">Approved stockyard.</E> 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 § 71.20 of this chapter. <E T="03">Certificate.</E> 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 § 75.4(b). <E T="03">Interstate.</E> From any State into or through any other State. <E T="03">Official seal.</E> 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. <E T="03">Official test.</E> 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 <E T="03">et seq.</E>); and (2) conducted in a laboratory approved by the Administrator. <E T="03">Officially identified.</E> 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 <PRTPAGE P="192"/>by the letter “A”,<SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU> 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. </FTNT> <E T="03">Operator.</E> The individual responsible for the day-to-day operations of the specifically approved stockyard. <E T="03">Permit.</E> 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. <E T="03">Reactor.</E> Any horse, ass, mule, pony or zebra which is subjected to an official test and found positive. <E T="03">State.</E> 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. <E T="03">State animal health official.</E> The individial employed by a State who is responsible for livestock and poultry disease control and eradication programs. <E T="03">State representative.</E> 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. <E T="03">Veterinarian in Charge.</E> 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) <E T="03">Interstate movement.</E> 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: <E T="03">Provided,</E> 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 <E T="03">et seq.</E>) 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 <PRTPAGE P="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 <E T="03">et seq.</E>), 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) <E T="03">Approval of Laboratories, and Diagnostic or Research Facilities.</E> (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.<SU>2</SU> <FTREF/> <FTNT> <SU>2</SU> 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. </FTNT> (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.<SU>3</SU> <FTREF/> <FTNT> <SU>3</SU> 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. </FTNT> (d) <E T="03">Denial and withdrawal of approval of laboratories and diagnostic or research facilities.</E> 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <CITA>[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]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Contagious Equine Metritis (CEM)</HD> <SECTION> <SECTNO>§§ 75.5-75.10</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> </PART> <PART> <RESERVED>PART 76 [RESERVED]</RESERVED> </PART> <PART> <EAR>Pt. 77</EAR> <HD SOURCE="HED">PART 77—TUBERCULOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>77.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>77.2</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>77.3</SECTNO> <SUBJECT>Movement from accredited-free States, accredited-free (suspended) States, and modified accredited States.</SUBJECT> <SECTNO>77.4</SECTNO> <SUBJECT>Movement from nonmodified accredited states.</SUBJECT> <SECTNO>77.5</SECTNO> <SUBJECT>Interstate movement of cattle and bison that are exposed, reactors, or suspects, or from herds containing suspects.</SUBJECT> <SECTNO>77.6</SECTNO> <SUBJECT>Other movements.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 43 FR 34431, Aug. 4, 1978, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 77.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> As used in this part, the following terms shall have the meanings set forth in this section except as otherwise specified. <E T="03">Accredited-free state.</E> (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 <PRTPAGE P="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. <E T="03">Accredited-free (suspended) State.</E> (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. <E T="03">Accredited herd.</E> 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. <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator</E>. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Affected herd.</E> A herd in which tuberculosis has been disclosed in any cattle or bison by an official tuberculin test or by postmortem examination. <E T="03">Animal.</E> All species of animals except man, birds, or reptiles. <E T="03">Animal and Plant Health Inspection Service</E>. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">APHIS representative</E>. An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Cattle and bison not known to be affected.</E> All cattle and bison except those originating from tuberculosis affected herds or from herds containing tuberculosis suspect cattle or bison. <E T="03">Certificate.</E> 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. <E T="03">Department.</E> The U.S. Department of Agriculture (USDA). <E T="03">Exposed cattle and bison.</E> Cattle and bison, except reactor cattle and bison, which are part of an affected herd. <E T="03">Herd.</E> 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. <E T="03">Interstate.</E> From one State into or through any other State. <E T="03">Modified accredited state.</E> (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 <PRTPAGE P="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. <E T="03">Moved.</E> Shipped, transported, or otherwise moved, or delivered or received for movement. <E T="03">Negative cattle and bison.</E> 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. <E T="03">Nonmodified accredited state.</E> (1) A state that has not received accredited-free state status or modified accredited state status. (2) Nonmodified accredited states: [No states] <E T="03">Official seal.</E> A seal issued by a State or APHIS representative. <E T="03">Official tuberculin test.</E> 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. <E T="03">Permit.</E> 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 §§ 77.5 and 77.6 of this part. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other legal entity. <E T="03">Reactor cattle and bison.</E> 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. <E T="03">State.</E> Any State, territory, the District of Columbia, or Puerto Rico. <E T="03">State representative.</E> 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. <E T="03">Suspect cattle and bison.</E> 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. <E T="03">Transportation document.</E> 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. <E T="03">Tuberculosis.</E> The contagious, infectious, and communicable disease caused by <E T="03">Mycobacterium bovis.</E> <E T="03">Uniform Methods and Rules—Bovine Tuberculosis Eradication.</E> 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 <E T="03">Uniform Methods and Rules—Bovine Tuberculosis Eradication</E> were approved for incorporation by reference into the <PRTPAGE P="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.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0084)</APPRO> <CITA>[40 FR 27009, June 26, 1975]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> For Federal Register citations affecting § 77.1, see the List of CFR Sections Affected in the Finding Aids section of this volume. </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 77.2</SECTNO> <SUBJECT>General restrictions.</SUBJECT> Cattle and bison may not be moved interstate except in compliance with this part. <CITA>[52 FR 39615, Oct. 23, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.3</SECTNO> <SUBJECT>Movement from accredited-free States, accredited-free (suspended) States, and modified accredited States.</SUBJECT> 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.<SU>3</SU> <FTREF/> <FTNT> <SU>3</SU> The regulations of the State of destination should be consulted before shipments are made from accredited-free, accredited-free (suspended) and modified accredited States. </FTNT> <CITA>[59 FR 9072, Feb. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.4</SECTNO> <SUBJECT>Movement from nonmodified accredited states.</SUBJECT> 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 <E T="03">et seq</E>.) or to a State inspected slaughtering establishment which has inspection by a State inspector at the time of slaughter. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.5</SECTNO> <SUBJECT>Interstate movement of cattle and bison that are exposed, reactors, or suspects, or from herds containing suspects.</SUBJECT> (a) <E T="03">Reactor cattle and bison.</E> 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 <E T="03">et seq</E>.) 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<PRTPAGE P="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 § 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 §§ 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) <E T="03">Exposed cattle and bison</E>. Except for the movement of exposed cattle to a quarantined feedlot in accordance with § 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) <E T="03">Suspect cattle and bison.</E> 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 <E T="03">et seq</E>.) or to a State inspected slaughtering establishment which has inspection by a State inspector at the time of slaughter. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.6</SECTNO> <SUBJECT>Other movements.</SUBJECT> 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 <PRTPAGE P="199"/>the appropriate livestock sanitary officials of the State of destination of any such action. <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 78</EAR> <HD SOURCE="HED">PART 78—BRUCELLOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>78.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>78.2</SECTNO> <SUBJECT>Handling of certificates, permits, and “S” brand permits for interstate movement of animals.</SUBJECT> <SECTNO>78.3</SECTNO> <SUBJECT>Handling in transit of cattle and bison moved interstate.</SUBJECT> <SECTNO>78.4</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis</HD> <SECTNO>78.5</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>78.6</SECTNO> <SUBJECT>Steers and spayed heifers.</SUBJECT> <SECTNO>78.7</SECTNO> <SUBJECT>Brucellosis reactor cattle.</SUBJECT> <SECTNO>78.8</SECTNO> <SUBJECT>Brucellosis exposed cattle.</SUBJECT> <SECTNO>78.9</SECTNO> <SUBJECT>Cattle from herds not known to be affected.</SUBJECT> <SECTNO>78.10</SECTNO> <SUBJECT>Official vaccination of cattle moving into and out of Class B and Class C States or areas.</SUBJECT> <SECTNO>78.11</SECTNO> <SUBJECT>Cattle moved to a specifically approved stockyard not in accordance with this part.</SUBJECT> <SECTNO>78.12</SECTNO> <SUBJECT>Cattle from quarantined areas.</SUBJECT> <SECTNO>78.13</SECTNO> <SUBJECT>Other movements.</SUBJECT> <SECTNO>78.14</SECTNO> <SUBJECT>Rodeo bulls.</SUBJECT> <SECTNO>78.15-78.19</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis</HD> <SECTNO>78.20</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>78.21</SECTNO> <SUBJECT>Bison steers and spayed heifers.</SUBJECT> <SECTNO>78.22</SECTNO> <SUBJECT>Brucellosis reactor bison.</SUBJECT> <SECTNO>78.23</SECTNO> <SUBJECT>Brucellosis exposed bison.</SUBJECT> <SECTNO>78.24</SECTNO> <SUBJECT>Bison from herds not known to be affected.</SUBJECT> <SECTNO>78.25</SECTNO> <SUBJECT>Other movements.</SUBJECT> <SECTNO>78.26—78.29</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis</HD> <SECTNO>78.30</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>78.31</SECTNO> <SUBJECT>Brucellosis reactor swine.</SUBJECT> <SECTNO>78.32</SECTNO> <SUBJECT>Brucellosis exposed swine.</SUBJECT> <SECTNO>78.33</SECTNO> <SUBJECT>Sows and boars.</SUBJECT> <SECTNO>78.34</SECTNO> <SUBJECT>Other movements.</SUBJECT> <SECTNO>78.35—78.39</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Designation of Brucellosis Areas</HD> <SECTNO>78.40</SECTNO> <SUBJECT>Designation of States/areas.</SUBJECT> <SECTNO>78.41</SECTNO> <SUBJECT>State/area classification.</SUBJECT> <SECTNO>78.42</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>78.43</SECTNO> <SUBJECT>Validated brucellosis-free States.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 51 FR 32580, Sept. 12, 1986, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 78.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> The following terms are defined in this section: <EXTRACT> <FP SOURCE="FP-1">Accredited veterinarian</FP> <FP SOURCE="FP-1">Administrator</FP> <FP SOURCE="FP-1">Animals</FP> <FP SOURCE="FP-1">Animal and Plant Health Inspection Service</FP> <FP SOURCE="FP-1">APHIS representative</FP> <FP SOURCE="FP-1">Approved brucella vaccine</FP> <FP SOURCE="FP-1">Approved individual herd plan</FP> <FP SOURCE="FP-1">Approved intermediate handling facility</FP> <FP SOURCE="FP-1">Area</FP> <FP SOURCE="FP-1">“B” branded</FP> <FP SOURCE="FP-1">Boar</FP> <FP SOURCE="FP-1">Brucellosis</FP> <FP SOURCE="FP-1">Brucellosis exposed</FP> <FP SOURCE="FP-1">Brucellosis negative</FP> <FP SOURCE="FP-1">Brucellosis reactor</FP> <FP SOURCE="FP-1">Brucellosis ring test</FP> <FP SOURCE="FP-1">Brucellosis suspect</FP> <FP SOURCE="FP-1">Certificate</FP> <FP SOURCE="FP-1">Certified brucellosis-free herd</FP> <FP SOURCE="FP-1">Class A State or area</FP> <FP SOURCE="FP-1">Class B State or area</FP> <FP SOURCE="FP-1">Class C State or area</FP> <FP SOURCE="FP-1">Class Free State or area</FP> <FP SOURCE="FP-1">Complete herd test (CHT)</FP> <FP SOURCE="FP-1">Confirmatory test</FP> <FP SOURCE="FP-1">Dairy cattle</FP> <FP SOURCE="FP-1">Designated epidemiologist</FP> <FP SOURCE="FP-1">Directly</FP> <FP SOURCE="FP-1">Epidemiologist</FP> <FP SOURCE="FP-1">Epidemiology</FP> <FP SOURCE="FP-1">Farm of origin</FP> <FP SOURCE="FP-1">Feral swine</FP> <FP SOURCE="FP-1">Finished fed cattle</FP> <FP SOURCE="FP-1">Herd</FP> <FP SOURCE="FP-1">Herd blood test</FP> <FP SOURCE="FP-1">Herd known to be affected</FP> <FP SOURCE="FP-1">Herd not known to be affected</FP> <FP SOURCE="FP-1">Herd of origin of swine</FP> <FP SOURCE="FP-1">Interstate</FP> <FP SOURCE="FP-1">Market cattle identification test cattle</FP> <FP SOURCE="FP-1">Market swine test (MST) reactor</FP> <FP SOURCE="FP-1">Market swine test swine</FP> <FP SOURCE="FP-1">Monitored-negative feral swine population</FP> <FP SOURCE="FP-1">Moved</FP> <FP SOURCE="FP-1">Moved (movement) in interstate commerce</FP> <FP SOURCE="FP-1">Official adult vaccinate<PRTPAGE P="200"/> </FP> <FP SOURCE="FP-1">Official brand inspection certificate</FP> <FP SOURCE="FP-1">Official brand recording agency</FP> <FP SOURCE="FP-1">Official calfhood vaccinate</FP> <FP SOURCE="FP-1">Official eartag</FP> <FP SOURCE="FP-1">Official seal</FP> <FP SOURCE="FP-1">Official swine tattoo</FP> <FP SOURCE="FP-1">Official test</FP> <FP SOURCE="FP-1">Official vaccinate</FP> <FP SOURCE="FP-1">Official vaccination eartag</FP> <FP SOURCE="FP-1">Originate</FP> <FP SOURCE="FP-1">Parturient</FP> <FP SOURCE="FP-1">Permit</FP> <FP SOURCE="FP-1">Permit for entry</FP> <FP SOURCE="FP-1">Person</FP> <FP SOURCE="FP-1">Postparturient</FP> <FP SOURCE="FP-1">Purebred registry association</FP> <FP SOURCE="FP-1">Qualified herd</FP> <FP SOURCE="FP-1">Quarantined area</FP> <FP SOURCE="FP-1">Quarantined feedlot</FP> <FP SOURCE="FP-1">Quarantined pasture</FP> <FP SOURCE="FP-1">Recognized slaughtering establishment</FP> <FP SOURCE="FP-1">“S” branded</FP> <FP SOURCE="FP-1">“S” brand permit</FP> <FP SOURCE="FP-1">Sow</FP> <FP SOURCE="FP-1">Specifically approved stockyard</FP> <FP SOURCE="FP-1">State</FP> <FP SOURCE="FP-1">State animal health official</FP> <FP SOURCE="FP-1">State representative</FP> <FP SOURCE="FP-1">Successfully closed case</FP> <FP SOURCE="FP-1">Swine brucellosis</FP> <FP SOURCE="FP-1">Test-eligible cattle and bison</FP> <FP SOURCE="FP-1">United States Department of Agriculture backtag</FP> <FP SOURCE="FP-1">Validated brucellosis-free herd</FP> <FP SOURCE="FP-1">Validated brucellosis-free State</FP> <FP SOURCE="FP-1">Veterinarian in Charge</FP> <FP SOURCE="FP-1">Whole herd vaccination </FP> </EXTRACT> <FP>As used in this part, the following terms shall have the meanings set forth in this section.</FP> <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animals.</E> Cattle, bison, and swine. <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture. <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Approved brucella vaccine.</E> A <E T="03">Brucella</E> 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. <E T="03">Approved individual herd plan.</E> 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. <E T="03">Approved intermediate handling facility.</E> 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 § 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 <PRTPAGE P="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 § 71.20 of this chapter. <E T="03">Area.</E> That portion of any State which has a separate brucellosis classification under this part. <E T="03">“B” branded.</E> 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. <E T="03">Boar.</E> An uncastrated male swine 6 months of age or over which is or has been capable of being used for breeding purposes. <E T="03">Brucellosis.</E> The contagious, infectious, and communicable disease caused by bacteria of the genus <E T="03">Brucella.</E> It is also known as Bangs disease, undulant fever, and contagious abortion. <E T="03">Brucellosis exposed.</E> 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. <E T="03">Brucellosis negative.</E> 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. <E T="03">Brucellosis reactor.</E> An animal subjected to an official test resulting in a brucellosis reactor classification or subjected to a bacteriological examination for field strain <E T="03">Brucella abortus</E> and found positive or reclassified as a brucellosis reactor by a designated epidemiologist as provided for in the definition of official test. <E T="03">Brucellosis ring test.</E> 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. <E T="03">Brucellosis suspect.</E> 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. <E T="03">Certificate.</E> 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;<PRTPAGE P="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. <E T="03">Certified brucellosis-free herd.</E> 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) <E T="03">Certification.</E> 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) <E T="03">Maintaining certification.</E> 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 <E T="03">Brucella abortus.</E> <E T="03">Class A State or area.</E> 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 § 78.40 of this part. The following are the standards to attain and maintain Class A status.<PRTPAGE P="203"/> (a) <E T="03">Surveillance.</E> (1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 90 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) 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) <E T="03">Epidemiologic surveillance—</E>(i) <E T="03">Adjacent herds.</E> 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) <E T="03">Herd infection rate—</E>(1) <E T="03">Percentage of herds affected.</E> 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 <E T="03">Brucella abortus,</E> 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) <E T="03">Epidemiologic investigation.</E> 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 <PRTPAGE P="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. <E T="03">Class B State or area.</E> 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 § 78.40 of this part. The following are the standards to attain and maintain Class B status. (a) <E T="03">Surveillance—</E>(1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 80 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) 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) <E T="03">Epidemiologic surveillance.</E> (i) <E T="03">Adjacent herds.</E> 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.<PRTPAGE P="205"/> (b) <E T="03">Herd infection rate.</E> (1) <E T="03">Percentage of herds affected.</E> 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 <E T="03">Brucella abortus,</E> 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) <E T="03">Epidemiologic investigation.</E> 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. <E T="03">Class C State or area.</E> 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 § 78.40 of this part. The following are the standards to attain and maintain Class C status. (a) <E T="03">Surveillance—</E>(1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 80 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) The brucellosis reactor showed a low titer in the MCI test and is traced back to a dairy herd that is 100 percent <PRTPAGE P="206"/>vaccinated and has tested negative to the most recent brucellosis ring test required by this section for herds producing milk for sale. (3) <E T="03">Epidemiologic surveillance.</E> (i) <E T="03">Adjacent herds.</E> 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) <E T="03">Herd infection rate.</E> (1) <E T="03">Percentage of herds affected.</E> 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 <E T="03">Brucella abortus,</E> 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) <E T="03">Epidemiologic investigation.</E> 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. <E T="03">Class Free State or area.</E> 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 § 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) <E T="03">Surveillance.</E> (1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 90 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin.<PRTPAGE P="207"/> (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) 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) <E T="03">Epidemiologic surveillance.</E> (i) <E T="03">Adjacent herds.</E> 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) <E T="03">Herd infection rate.</E> (1) <E T="03">Percentage of herds affected.</E> All cattle herds in the State or area must remain free of field strain <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> of 0.0 percent or 0 herds per 1,000. (2) <E T="03">Epidemiologic investigation.</E> 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. <E T="03">Complete herd test (CHT).</E> An official swine brucellosis test of all swine on a premises that are 6 months of age or older and maintained for breeding purposes. <E T="03">Confirmatory test.</E> 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.<PRTPAGE P="208"/> <E T="03">Dairy cattle.</E> A bovine animal of a recognized dairy breed. <E T="03">Designated epidemiologist.</E> 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. <E T="03">Directly.</E> Without unloading en route if moved in a means of conveyance, or without stopping if moved in any other manner. <E T="03">Epidemiologist.</E> 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. <E T="03">Epidemiology.</E> A branch of medical science that deals with the incidence, distribution, and control of disease in the animal population. <E T="03">Farm of origin.</E> (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. <E T="03">Feral swine.</E> 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. <E T="03">Finished fed cattle.</E> 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. <E T="03">Herd.</E> (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. <E T="03">Herd blood test.</E> (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] <E T="03">Herd known to be affected.</E> Any herd in which any animal has been classified as a brucellosis reactor and which has not been released from quarantine. <E T="03">Herd not known to be affected.</E> 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. <E T="03">Herd of origin of swine.</E> 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. <E T="03">Interstate.</E> From any State into or through any other State. <E T="03">Market cattle identification test cattle.</E> 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. <E T="03">Market swine test (MST) reactor.</E> Market swine test swine with a positive reaction to a swine brucellosis confirmatory test or other official test, if no confirmatory test is performed. <E T="03">Market swine test swine.</E> Sows and boars which have been moved to <PRTPAGE P="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. <E T="03">Monitored-negative feral swine population.</E> 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. <E T="03">Moved.</E> Shipped, transported, delivered, or received for movement, or otherwise aided, induced, or caused to be moved. <E T="03">Moved (movement) in interstate commerce.</E> 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. <E T="03">Official adult vaccinate.</E> (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 <E T="03">Brucella abortus</E> 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. <E T="03">Official brand inspection certificate.</E> A document issued by an official brand inspection agency in any State which requires such documents for movement of cattle. <E T="03">Official brand recording agency.</E> 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. <E T="03">Official calfhood vaccinate.</E> (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 <E T="03">Brucella abortus</E> 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. <E T="03">Official eartag.</E> 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. <E T="03">Official seal.</E> 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 <PRTPAGE P="210"/>serially numbered, self-locking button which can be used for this purpose. <E T="03">Official swine tattoo.</E> A tattoo, conforming to the six-character alpha-numeric National Tattoo System, that provides a unique identification for each herd or lot of swine. <E T="03">Official test.</E> (a) <E T="03">Classification of cattle and bison.</E> (1) <E T="03">Standard card test.</E> (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: (<E T="03">1</E>) 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 (<E T="03">2</E>) Designates the standard card test as the official test for determining the brucellosis disease status of non-vaccinated cattle or bison (the CITE<E T="04">#</E> 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<E T="04">#</E> 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) <E T="03">Standard card test results are interpreted as either negative or positive.</E> 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) <E T="03">Standard tube test (STT) or standard plate test (SPT).</E> 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: <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">SPT OR STT Classification—Official Vaccinates Vaccinated With a</E> <E T="03">Brucella Abortus</E> <E T="04">Strain</E> 19 <E T="04">Approved Brucella Vaccine</E> </TTITLE> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:50</CHED> <CHED H="2">1:100</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:200</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">— </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">I </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>I </ENT> <ENT>— </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>I </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>+ </ENT> <ENT>Reactor.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">Official Vaccinates Vaccinated With an Approved Brucella Vaccine Other Than a</E> <E T="03">Brucella Abortus</E> <E T="04">Strain</E> 19 <E T="04">Approved Brucella Vaccine</E> </TTITLE> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:50</CHED> <CHED H="2">1:100</CHED> <CHED H="2">1:200</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">—</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">I</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <PRTPAGE P="211"/> <ENT I="01">+</ENT> <ENT>I</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>—</ENT> <ENT>Reactor.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>I</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>+</ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">All Cattle and Bison Which Are Not Official Vaccinates</E> </TTITLE> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:50</CHED> <CHED H="2">1:100</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:200</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">— </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">I </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>I </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>— </ENT> <ENT>Reactor.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>I </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>+ </ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> (3) <E T="03">Manual complement-fixation (CF) test.</E> 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 <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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) <E T="03">Technicon automated complement-fixation test.</E> 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 <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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.<PRTPAGE P="212"/> (5) <E T="03">Rivanol test.</E> 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 <E T="03">Brucella abortus</E> Strain 19 approved brucella vaccine and official calfhood vaccinates vaccinated with a <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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) <E T="03">Semen plasma test.</E> 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) <E T="03">Buffered acidified plate antigen (BAPA) test.</E> 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) <E T="03">Rapid screening test (RST).</E> 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) <E T="03">Concentration immunoassay technology (CITE</E> <E T="53">®</E>) test. <E T="01">An enzyme immunoassay that may be used as a diagnostic supplement to the standard card test by designated epidemiologists determining the brucellosis disease </E>status of cattle and bison. The test must be done in accordance with the CITE<E T="51">®</E> <E T="03">Brucella abortus</E> 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, <PRTPAGE P="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) <E T="03">Particle concentration fluorescence immunoassay (PCFIA) test.</E> 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): <GPOTABLE CDEF="s10,xls60" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">S/N ratio</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">Greater than .60 </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">Greater than .30 but less than or equal to .60 </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">.30 or less </ENT> <ENT>Positive.</ENT> </ROW> </GPOTABLE> (11) <E T="03">D-Tec</E> <E T="51">®</E> Brucella A test. <E T="01">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) × 100. The brucellosis disease status of the animals is classified according to the following established criteria:</E> <GPOTABLE CDEF="s50,xls56" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Percent inhibition</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">Less than or equal to 40 percent </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">Greater than 40 percent and less than or equal to 70 percent </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">Greater than 70 percent </ENT> <ENT>Reactor.</ENT> </ROW> </GPOTABLE> (12) <E T="03">Rapid Automated Presumptive (RAP) test.</E> An automated serologic test to detect the presence of <E T="03">Brucella</E> 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<E T="51">®</E> tests when evaluating the results of standard card tests of cattle and bison. (b) <E T="03">Classification of swine—</E>(1) <E T="03">Standard card test.</E> 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 <E T="03">brucella</E> are classified as brucellosis suspects. Other swine positive to the standard card test are classified as brucellosis reactors. (2) <E T="03">Standard tube test.</E> 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: <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:25</CHED> <CHED H="2">1:50</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:100</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">I</ENT> <ENT>]—</ENT> <ENT>—</ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>I</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>I</ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.<PRTPAGE P="214"/> </TNOTE> </GPOTABLE> (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: <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:25</CHED> <CHED H="2">1:50</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:100</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">I</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Reactor.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>I</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>I</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>+</ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> (3) <E T="03">Particle concentration fluoresence immunoassay (PCFIA).</E> 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): <GPOTABLE CDEF="s25,r25" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">S/N Ratio</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">0.71 or greater </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">0.51 to 0.70 </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">0.50 or less </ENT> <ENT>Reactor.</ENT> </ROW> </GPOTABLE> (4) <E T="03">Rapid Automated Presumptive (RAP) test.</E> An automated serologic test to detect the presence of <E T="03">Brucella</E> 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. <E T="03">Official vaccinate.</E> 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. <E T="03">Official vaccination eartag.</E> 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. <E T="03">Originate.</E> (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 § 71.20 of this chapter, shall have the status of the State or area of lower class for any subsequent movement. <E T="03">Parturient.</E> Visibly prepared to give birth or within 2 weeks of giving birth (springers). <E T="03">Permit.</E> 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 <PRTPAGE P="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.) <E T="03">Permit for entry.</E> 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. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company or other legal entity. <E T="03">Postparturient.</E> Having given birth. <E T="03">Purebred registry association</E>. 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. <E T="03">Qualified herd.</E> (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) <E T="03">Requalification.</E> 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. <E T="03">Quarantined area.</E> An area that does not meet the criteria for classification as Class Free, Class A, Class B, or Class C. <E T="03">Quarantined feedlot.</E> <SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU> A list of quarantined feedlots in any State may be obtained from the State animal health official, a State representative, or an APHIS representative. </FTNT> (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 <PRTPAGE P="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.

9 Animals and Animal Products 1 1998-01-01 1998-01-01 false <GRANULENUM/> <ANCESTORS/> </FDSYS> <CHAPTER> <SUBCHAP TYPE="N"> <PRTPAGE P="7"/> <HD SOURCE="HED">SUBCHAPTER A—ANIMAL WELFARE</HD> <PART> <EAR>Pt. 1</EAR> <HD SOURCE="HED">PART 1—DEFINITION OF TERMS</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g). </AUTH> <SECTION> <SECTNO>§ 1.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> 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. <E T="03">Act</E> 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. <E T="03">Activity</E> 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. <E T="03">Administrative unit</E> means the organizational or management unit at the departmental level of a research facility. <E T="03">Administrator</E> 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. <E T="03">Ambient temperature</E> means the air temperature surrounding the animal. <E T="03">Animal</E> 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 <E T="03">Rattus</E> and mice of the genus <E T="03">Mus</E> 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. <E T="03">Animal act</E> 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. <E T="03">APHIS</E> means the Animal and Plant Health Inspection Service, United States Department of Agriculture. <E T="03">APHIS official</E> 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. <E T="03">APHIS, REAC Sector Supervisor</E> 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. <E T="03">Attending veterinarian</E> 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.<PRTPAGE P="8"/> <E T="03">Business hours</E> 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. <E T="03">Business year</E> means the 12-month period during which business is conducted, and may be either on a calendar or fiscal-year basis. <E T="03">Carrier</E> 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. <E T="03">Cat</E> means any live or dead cat (Felis catus) or any cat-hybrid cross. <E T="03">Class “A” licensee</E> (breeder) means a person subject to the licensing requirements under part 2 and meeting the definition of a “dealer” (§ 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. <E T="03">Class “B” licensee</E> means a person subject to the licensing requirements under part 2 and meeting the definition of a “dealer” (§ 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. <E T="03">Class “C” licensee</E> (exhibitor) means a person subject to the licensing requirements under part 2 and meeting the definition of an “exhibitor” (§ 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. <E T="03">Commerce</E> 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. <E T="03">Committee</E> 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. <E T="03">Dealer</E> 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. <E T="03">Department</E> means the U.S. Department of Agriculture. <E T="03">Deputy Administrator</E> 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. <E T="03">Dog</E> means any live or dead dog (<E T="03">Canis familiaris</E>) or any dog-hybrid cross.<PRTPAGE P="9"/> <E T="03">Dwarf hamster</E> 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. <E T="03">Endangered species</E> means those species defined in the Endangered Species Act (16 U.S.C. 1531 <E T="03">et seq.</E>) and as it may be subsequently amended. <E T="03">Euthanasia</E> 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 <E T="03">Exhibitor</E> 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. <E T="03">Exotic animal</E> 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. <E T="03">Farm animal</E> 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. <E T="03">Federal agency</E> 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. <E T="03">Federal award</E> 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. <E T="03">Federal research facility</E> means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation. <E T="03">Field study</E> 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. <E T="03">Handling</E> 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. <E T="03">Housing facility</E> means any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals. <E T="03">Hybrid cross</E> means an animal resulting from the crossbreeding between <PRTPAGE P="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. <E T="03">Impervious surface</E> 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. <E T="03">Indoor housing facility</E> 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). <E T="03">Intermediate handler</E> 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. <E T="03">Inspector</E> 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. <E T="03">Institutional official</E> 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. <E T="03">Isolation</E> 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. <E T="03">Licensed veterinarian</E> 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. <E T="03">Licensee</E> means any person licensed according to the provisions of the Act and the regulations in part 2 of this subchapter. <E T="03">Major operative procedure</E> means any surgical intervention that penetrates and exposes a body cavity or any procedure which produces permanent impairment of physical or physiological functions. <E T="03">Minimum horizontal dimension</E> (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. <E T="03">Mobile or traveling housing facility</E> means a transporting vehicle such as a truck, trailer, or railway car, used to house animals while traveling for exhibition or public education purposes. <E T="03">Nonconditioned animals</E> means animals which have not been subjected to special care and treatment for sufficient time to stabilize, and where necessary, to improve their health. <E T="03">Nonhuman primate</E> means any nonhuman member of the highest order of mammals including prosimians, monkeys, and apes. <E T="03">Operator of an auction sale</E> means any person who is engaged in operating an auction at which animals are purchased or sold in commerce. <E T="03">Outdoor housing facility</E> means any structure, building, land, or premise, housing or intended to house animals, <PRTPAGE P="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. <E T="03">Painful procedure</E> 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. <E T="03">Paralytic drug</E> 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. <E T="03">Person</E> means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. <E T="03">Pet animal</E> 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. <E T="03">Positive physical contact</E> means petting, stroking, or other touching, which is beneficial to the well-being of the animal. <E T="03">Pound or shelter</E> 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. <E T="03">Primary conveyance</E> means the main method of transportation used to convey an animal from origin to destination, such as a motor vehicle, plane, ship, or train. <E T="03">Primary enclosure</E> 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. <E T="03">Principal investigator</E> 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. <E T="03">Quorum</E> means a majority of the Committee members. <E T="03">Random source</E> 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. <E T="03">Registrant</E> 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. <E T="03">Research facility</E> 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: <E T="03">Provided,</E> 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. <E T="03">Retail pet store</E> 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, <PRTPAGE P="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. <E T="03">Sanitize</E> means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health. <E T="03">Secretary</E> means the Secretary of Agriculture of the United States or his representative who shall be an employee of the Department. <E T="03">Sheltered housing facility</E> 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. <E T="03">Standards</E> 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. <E T="03">State</E> 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. <E T="03">Study area</E> 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. <E T="03">Transporting device</E> 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. <E T="03">Transporting vehicle</E> means any truck, car, trailer, airplane, ship, or railroad car used for transporting animals. <E T="03">Weaned</E> 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. <E T="03">Wild animal</E> 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. <E T="03">Wild state</E> means living in its original, natural condition; not domesticated. <E T="03">Zoo</E> 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. <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 2</EAR> <HD SOURCE="HED">PART 2—REGULATIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Licensing</HD> <SECHD>Sec.</SECHD> <SECTNO>2.1</SECTNO> <SUBJECT>Requirements and application.</SUBJECT> <SECTNO>2.2</SECTNO> <SUBJECT>Acknowledgement of regulations and standards.</SUBJECT> <SECTNO>2.3</SECTNO> <SUBJECT>Demonstration of compliance with standards and regulations.</SUBJECT> <SECTNO>2.4</SECTNO> <SUBJECT>Non-interference with APHIS officials.</SUBJECT> <SECTNO>2.5</SECTNO> <SUBJECT>Duration of license and termination of license.</SUBJECT> <SECTNO>2.6</SECTNO> <SUBJECT>Annual license fees.</SUBJECT> <SECTNO>2.7</SECTNO> <SUBJECT>Annual report by licensees.</SUBJECT> <SECTNO>2.8</SECTNO> <SUBJECT>Notification of change of name, address, control, or ownership of business.</SUBJECT> <SECTNO>2.9</SECTNO> <SUBJECT>Officers, agents, and employees of licensees whose licenses have been suspended or revoked.</SUBJECT> <SECTNO>2.10</SECTNO> <SUBJECT>Licensees whose licenses have been suspended or revoked.</SUBJECT> <SECTNO>2.11</SECTNO> <SUBJECT>Denial of initial license application.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Registration</HD> <SECTNO>2.25</SECTNO> <SUBJECT>Requirements and procedures.</SUBJECT> <SECTNO>2.26</SECTNO> <SUBJECT>Acknowledgement of regulations and standards.</SUBJECT> <SECTNO>2.27</SECTNO> <SUBJECT>Notification of change of operation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Research Facilities</HD> <SECTNO>2.30</SECTNO> <SUBJECT>Registration.</SUBJECT> <SECTNO>2.31</SECTNO> <SUBJECT>Institutional Animal Care and Use <PRTPAGE P="13"/>Committee (IACUC).</SUBJECT> <SECTNO>2.32</SECTNO> <SUBJECT>Personnel qualifications.</SUBJECT> <SECTNO>2.33</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care.</SUBJECT> <SECTNO>2.34</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>2.35</SECTNO> <SUBJECT>Recordkeeping requirements.</SUBJECT> <SECTNO>2.36</SECTNO> <SUBJECT>Annual report.</SUBJECT> <SECTNO>2.37</SECTNO> <SUBJECT>Federal research facilities.</SUBJECT> <SECTNO>2.38</SECTNO> <SUBJECT>Miscellaneous.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Attending Veterinarian and Adequate Veterinary Care</HD> <SECTNO>2.40</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care (dealers and exhibitors).</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Identification of Animals</HD> <SECTNO>2.50</SECTNO> <SUBJECT>Time and method of identification.</SUBJECT> <SECTNO>2.51</SECTNO> <SUBJECT>Form of official tag.</SUBJECT> <SECTNO>2.52</SECTNO> <SUBJECT>How to obtain tags.</SUBJECT> <SECTNO>2.53</SECTNO> <SUBJECT>Use of tags.</SUBJECT> <SECTNO>2.54</SECTNO> <SUBJECT>Lost tags.</SUBJECT> <SECTNO>2.55</SECTNO> <SUBJECT>Removal and disposal of tags.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Stolen Animals</HD> <SECTNO>2.60</SECTNO> <SUBJECT>Prohibition on the purchase, sale, use, or transportation of stolen animals.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Records</HD> <SECTNO>2.75</SECTNO> <SUBJECT>Records: Dealers and exhibitors.</SUBJECT> <SECTNO>2.76</SECTNO> <SUBJECT>Records: Operators of auction sales and brokers.</SUBJECT> <SECTNO>2.77</SECTNO> <SUBJECT>Records: Carriers and intermediate handlers.</SUBJECT> <SECTNO>2.78</SECTNO> <SUBJECT>Health certification and identification.</SUBJECT> <SECTNO>2.79</SECTNO> <SUBJECT>C.O.D. shipments.</SUBJECT> <SECTNO>2.80</SECTNO> <SUBJECT>Records, disposition.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Compliance With Standards and Holding Period</HD> <SECTNO>2.100</SECTNO> <SUBJECT>Compliance with standards.</SUBJECT> <SECTNO>2.101</SECTNO> <SUBJECT>Holding period.</SUBJECT> <SECTNO>2.102</SECTNO> <SUBJECT>Holding facility.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Miscellaneous</HD> <SECTNO>2.125</SECTNO> <SUBJECT>Information as to business; furnishing of same by dealers, exhibitors, operators of auction sales, intermediate handlers, and carriers.</SUBJECT> <SECTNO>2.126</SECTNO> <SUBJECT>Access and inspection of records and property.</SUBJECT> <SECTNO>2.127</SECTNO> <SUBJECT>Publication of names of persons subject to the provisions of this part.</SUBJECT> <SECTNO>2.128</SECTNO> <SUBJECT>Inspection for missing animals.</SUBJECT> <SECTNO>2.129</SECTNO> <SUBJECT>Confiscation and destruction of animals.</SUBJECT> <SECTNO>2.130</SECTNO> <SUBJECT>Minimum age requirements.</SUBJECT> <SECTNO>2.131</SECTNO> <SUBJECT>Handling of animals.</SUBJECT> <SECTNO>2.132</SECTNO> <SUBJECT>Procurement of random source dogs and cats, dealers.</SUBJECT> <SECTNO>2.133</SECTNO> <SUBJECT>Certification for random source dogs and cats.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 54 FR 36147, Aug. 31, 1989, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Licensing</HD> <SECTION> <SECTNO>§ 2.1</SECTNO> <SUBJECT>Requirements and application.</SUBJECT> (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 § 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: <E T="03">Provided, That,</E> Anyone wholesaling any animals, selling any animals for research or exhibition, or selling any wild, exotic, or nonpet animals retail, must have a license;<PRTPAGE P="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 §§ 2.10 and 2.11, when the applicant: (1) Has met the requirements of this section and of §§ 2.2 and 2.3; and (2) Has paid the application fee of $10 and the annual license fee indicated in § 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 § 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, <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.2</SECTNO> <SUBJECT>Acknowledgement of regulations and standards.</SUBJECT> (a) <E T="03">Application for initial license.</E> 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) <E T="03">Application for license renewal.</E> 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. <CITA>[60 FR 13895, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.3</SECTNO> <SUBJECT>Demonstration of compliance with standards and regulations.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.4</SECTNO> <SUBJECT>Non-interference with APHIS officials.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.5</SECTNO> <SUBJECT>Duration of license and termination of license.</SUBJECT> (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.<PRTPAGE P="16"/> (4) The applicant has failed to pay the application fee and the annual license fee as required in §§ 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 § 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 § 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 § 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. <CITA>[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13895, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.6</SECTNO> <SUBJECT>Annual license fees.</SUBJECT> (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 § 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, <PRTPAGE P="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: <GPOTABLE CDEF="s10,8,8" COLS="3" OPTS="L2,i1"> <TTITLE> <E T="04">Table</E> 1—<E T="04">Dealers, Brokers and Operators of an Auction Sale Class “A” and “B” License</E> </TTITLE> <BOXHD> <CHED H="1">Over</CHED> <CHED H="1">But Not Over</CHED> <CHED H="1">Fee</CHED> </BOXHD> <ROW> <ENT I="01">$0 </ENT> <ENT>$500 </ENT> <ENT>$30</ENT> </ROW> <ROW> <ENT I="01">500 </ENT> <ENT>2,000 </ENT> <ENT>60</ENT> </ROW> <ROW> <ENT I="01">2,000 </ENT> <ENT>10,000 </ENT> <ENT>120</ENT> </ROW> <ROW> <ENT I="01">10,000 </ENT> <ENT>25,000 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">25,000 </ENT> <ENT>50,000 </ENT> <ENT>350</ENT> </ROW> <ROW> <ENT I="01">50,000 </ENT> <ENT>100,000 </ENT> <ENT>475</ENT> </ROW> <ROW> <ENT I="01">100,000 </ENT> <ENT/> <ENT>750</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s50,5" COLS="2" OPTS="L2,i1"> <TTITLE> <E T="04">Table</E> 2—<E T="04">Exhibitors—Class “C” License</E> </TTITLE> <BOXHD> <CHED H="1">Number of Animals</CHED> <CHED H="1">Fee</CHED> </BOXHD> <ROW> <ENT I="01">1 to 5 </ENT> <ENT>$30</ENT> </ROW> <ROW> <ENT I="01">6 to 25 </ENT> <ENT>75</ENT> </ROW> <ROW> <ENT I="01">26 to 50 </ENT> <ENT>175</ENT> </ROW> <ROW> <ENT I="01">51 to 500 </ENT> <ENT>225</ENT> </ROW> <ROW> <ENT I="01">501 and up </ENT> <ENT>300</ENT> </ROW> </GPOTABLE> (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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.7</SECTNO> <SUBJECT>Annual report by licensees.</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.8</SECTNO> <SUBJECT>Notification of change of name, address, control, or ownership of business.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.9</SECTNO> <SUBJECT>Officers, agents, and employees of licensees whose licenses have been suspended or revoked.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.10</SECTNO> <SUBJECT>Licensees whose licenses have been suspended or revoked.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.11</SECTNO> <SUBJECT>Denial of initial license application.</SUBJECT> (a) A license will not be issued to any applicant who: (1) Has not complied with the raquirements of §§ 2.1, 2.2, 2.3, and 2.4 and has not paid the fees indicated in § 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 § 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. </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="19"/> <HD SOURCE="HED">Subpart B—Registration</HD> <SECTION> <SECTNO>§ 2.25</SECTNO> <SUBJECT>Requirements and procedures.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.26</SECTNO> <SUBJECT>Acknowledgment of regulations and standards.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.27</SECTNO> <SUBJECT>Notification of change of operation.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Research Facilities</HD> <SECTION> <SECTNO>§ 2.30</SECTNO> <SUBJECT>Registration.</SUBJECT> (a) <E T="03">Requirements and procedures.</E> (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 <PRTPAGE P="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) <E T="03">Acknowledgment of regulations and standards.</E> 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) <E T="03">Notification of change of operation.</E> (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. </SECTION> <SECTION> <SECTNO>§ 2.31</SECTNO> <SUBJECT>Institutional Animal Care and Use Committee (IACUC).</SUBJECT> (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;<PRTPAGE P="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; <E T="03">Provided, however,</E> 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; <E T="03">Provided, however,</E> That the IACUC may determine the best means of conducting evaluations of the research facility's programs and facilities; and <E T="03">Provided, further,</E> 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 <E T="03">ad hoc</E> 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; <E T="03">Provided, however,</E> 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 <PRTPAGE P="22"/>or slight pain or distress to the animals, and has provided a written narrative description of the methods and sources, <E T="03">e. g.</E>, 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, § 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 <PRTPAGE P="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. <CITA>[54 FR 36147, August 31, 1989, as amended by 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.32</SECTNO> <SUBJECT>Personnel qualifications.</SUBJECT> (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 § 2.31.<PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.33</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care.</SUBJECT> (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; <E T="03">Provided, however,</E> 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; <E T="03">Provided, however,</E> That daily observation of animals may be accomplished by someone other than the attending veterinarian; and <E T="03">Provided, further,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.34</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 2.35</SECTNO> <SUBJECT>Recordkeeping requirements.</SUBJECT> (a) The research facility shall maintain the following IACUC records:<PRTPAGE P="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 § 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 § 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; <E T="03">Provided, however,</E> That, except as provided in § 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.<PRTPAGE P="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. <CITA>[54 FR 36147, Aug. 31, 1989, as amended at 58 FR 39129, July 22, 1993; 60 FR 13895, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.36</SECTNO> <SUBJECT>Annual report.</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.37</SECTNO> <SUBJECT>Federal research facilities.</SUBJECT> 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 § 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. </SECTION> <SECTION> <SECTNO>§ 2.38</SECTNO> <SUBJECT>Miscellaneous.</SUBJECT> (a) <E T="03">Information as to business: furnishing of same by research facilities.</E> 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) <E T="03">Access and inspection of records and property.</E> (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) <E T="03">Publication of names of research facilities subject to the provisions of this part.</E> APHIS will publish lists of research facilities registered in accordance with the provisions of this subpart in the <E T="04">Federal Register</E>. The lists may be obtained upon request from the APHIS, REAC Sector Supervisor. (d) <E T="03">Inspection for missing animals.</E> 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) <E T="03">Confiscation and destruction of animals.</E> (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 <PRTPAGE P="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) <E T="03">Handling.</E> (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; <E T="03">Provided, however:</E> 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) <E T="03">Identification of dogs and cats.</E> (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 § 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<FR>1/4</FR> inches in diameter, or oblong and flat in shape and not less than 2 inches by <FR>3/4</FR> 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.<SU>1</SU> <FTREF/> At the time the research facility is registered, <PRTPAGE P="29"/>the Department will assign identification letters and numbers to be used on the official tags. <FTNT> <SU>1</SU> 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. </FTNT> (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) <E T="03">Health certification.</E> (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) <E T="03">Holding of animals.</E> If any research facility obtains prior approval of the APHIS, REAC Sector Supervisor, it may arrange to have another person hold animals: <E T="03">Provided,</E> 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) <E T="03">Holding period.</E> 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 <PRTPAGE P="30"/>facilities shall comply with the identification of animals requirements set forth in § 2.38(g) during this period. (k) <E T="03">Compliance with standards and prohibitions.</E> (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; <E T="03">Provided, however</E>, 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 § 2.133 of subpart I of this part. <CITA>[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]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Attending Veterinarian and Adequate Veterinary Care</HD> <SECTION> <SECTNO>§ 2.40</SECTNO> <SUBJECT>Attending veterinarian and adequate veterinary care (dealers and exhibitors).</SUBJECT> (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; <E T="03">Provided, however,</E> That daily observation of animals may be accomplished by someone other than the attending veterinarian; and <E T="03">Provided, further,</E> 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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Identification of Animals</HD> <SECTION> <SECTNO>§ 2.50</SECTNO> <SUBJECT>Time and method of identification.</SUBJECT> (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 § 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 <PRTPAGE P="31"/>cats <SU>2</SU> <FTREF/>, or shall be identified by a distinctive and legible tattoo marking acceptable to and approved by the Administrator. <FTNT> <SU>2</SU> 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. </FTNT> (2) Live puppies or kittens, less than 16 weeks of age, shall be identified by: (i) An official tag as described in § 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 § 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 § 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 <SU>3</SU> <FTREF/>; or <FTNT> <SU>3</SU> See footnote 2 in § 2.50(a)(1). </FTNT> (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 §§ 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 § 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 § 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 § 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 <PRTPAGE P="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 §§ 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 § 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. </SECTION> <SECTION> <SECTNO>§ 2.51</SECTNO> <SUBJECT>Form of official tag.</SUBJECT> (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<FR>1/4</FR> inches in diameter, or (2) Oblong and flat in shape, not less than 2 inches by <FR>3/4</FR> 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 T="03">e.g.,</E> 39-AB); and (3) Numbers identifying the animal (<E T="03">e.g.,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.52</SECTNO> <SUBJECT>How to obtain tags.</SUBJECT> Dealers or exhibitors may obtain, at their own expense, official tags from commercial tag manufacturers.<SU>4</SU> <FTREF/> 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. <FTNT> <SU>4</SU> 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. </FTNT> </SECTION> <SECTION> <SECTNO>§ 2.53</SECTNO> <SUBJECT>Use of tags.</SUBJECT> Official tags obtained by a dealer, exhibitor, or research facility, shall be applied to dogs or cats in the manner set forth in § 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. </SECTION> <SECTION> <SECTNO>§ 2.54</SECTNO> <SUBJECT>Lost tags.</SUBJECT> 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 <PRTPAGE P="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 § 2.50, and record the tag number on the official records. </SECTION> <SECTION> <SECTNO>§ 2.55</SECTNO> <SUBJECT>Removal and disposal of tags.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Stolen Animals</HD> <SECTION> <SECTNO>§ 2.60</SECTNO> <SUBJECT>Prohibition on the purchase, sale, use, or transportation of stolen animals.</SUBJECT> No person shall buy, sell, exhibit, use for research, transport, or offer for transportation, any stolen animal. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Records</HD> <SECTION> <SECTNO>§ 2.75</SECTNO> <SUBJECT>Records: Dealers and exhibitors.</SUBJECT> (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 §§ 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: <E T="03">Provided,</E> 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.<PRTPAGE P="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 § 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: <E T="03">Provided, however,</E> that, except as provided in § 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 § 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; <E T="03">Provided, however</E>, That information which <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.76</SECTNO> <SUBJECT>Records: Operators of auction sales and brokers.</SUBJECT> (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 §§ 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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 2.77</SECTNO> <SUBJECT>Records: Carriers and intermediate handlers.</SUBJECT> (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 § 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 § 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 § 2.79, tendered with each live dog, cat, or nonhuman primate. </SECTION> <SECTION> <SECTNO>§ 2.78</SECTNO> <SUBJECT>Health certification and identification.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[54 FR 36147, August 31, 1989, as amended at 59 FR 67612, Dec. 30, 1994; 60 FR 13896, Mar. 15, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.79</SECTNO> <SUBJECT>C.O.D. shipments.</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.80</SECTNO> <SUBJECT>Records, disposition.</SUBJECT> (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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Compliance With Standards and Holding Period</HD> <SECTION> <SECTNO>§ 2.100</SECTNO> <SUBJECT>Compliance with standards.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.101</SECTNO> <SUBJECT>Holding period.</SUBJECT> (a) Any live dog or cat acquired by a dealer <SU>5</SU> <FTREF/> 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: <E T="03">Provided, however:</E> <FTNT> <SU>5</SU> An operator of an auction sale is not considered to have acquired a dog or cat which is sold through the auction sale. </FTNT> (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;<PRTPAGE P="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 § 2.131. </SECTION> <SECTION> <SECTNO>§ 2.102</SECTNO> <SUBJECT>Holding facility.</SUBJECT> (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 § 2.101: <E T="03">Provided,</E> 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 § 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: <E T="03">Provided,</E> 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. <CITA>[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13896, Mar. 15, 1995]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Miscellaneous</HD> <SECTION> <SECTNO>§ 2.125</SECTNO> <SUBJECT>Information as to business; furnishing of same by dealers, exhibitors, operators of auction sales, intermediate handlers, and carriers.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.126</SECTNO> <SUBJECT>Access and inspection of records and property.</SUBJECT> (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. </SECTION> <SECTION> <PRTPAGE P="39"/> <SECTNO>§ 2.127</SECTNO> <SUBJECT>Publication of names of persons subject to the provisions of this part.</SUBJECT> APHIS will publish lists of persons licensed or registered in accordance with the provisions of this part in the <E T="04">Federal Register.</E> The lists may be obtained upon request from the APHIS, REAC Sector Supervisor. </SECTION> <SECTION> <SECTNO>§ 2.128</SECTNO> <SUBJECT>Inspection for missing animals.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.129</SECTNO> <SUBJECT>Confiscation and destruction of animals.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 2.130</SECTNO> <SUBJECT>Minimum age requirements.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 2.131</SECTNO> <SUBJECT>Handling of animals.</SUBJECT> (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; <E T="03">Provided, however,</E> That the short-term withholding of <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 2.132</SECTNO> <SUBJECT>Procurement of random source dogs and cats, dealers.</SUBJECT> (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 §§ 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 § 2.101. </SECTION> <SECTION> <PRTPAGE P="41"/> <SECTNO>§ 2.133</SECTNO> <SUBJECT>Certification for random source dogs and cats.</SUBJECT> (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.<PRTPAGE P="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. <CITA>[58 FR 39129, July 22, 1993]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 3</EAR> <HD SOURCE="HED">PART 3—STANDARDS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECHD>Sec.</SECHD> <SECTNO>3.1</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> <SECTNO>3.2</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> <SECTNO>3.3</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> <SECTNO>3.4</SECTNO> <SUBJECT>Outdoor housing facilities.</SUBJECT> <SECTNO>3.5</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> <SECTNO>3.6</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTNO>3.7</SECTNO> <SUBJECT>Compatible grouping.</SUBJECT> <SECTNO>3.8</SECTNO> <SUBJECT>Exercise for dogs.</SUBJECT> <SECTNO>3.9</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.10</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.11</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> <SECTNO>3.12</SECTNO> <SUBJECT>Employees.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTNO>3.13</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.14</SECTNO> <SUBJECT>Primary enclosures used to transport live dogs and cats.</SUBJECT> <SECTNO>3.15</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.16</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.17</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.18</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.19</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and <E T="04">Operating Standards</E> </HD> <SECTNO>3.25</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.26</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.27</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.28</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal <E T="04">Health and Husbandry Standards</E> </HD> <SECTNO>3.29</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.30</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.31</SECTNO> <SUBJECT>Sanitation.</SUBJECT> <SECTNO>3.32</SECTNO> <SUBJECT>Employees.</SUBJECT> <SECTNO>3.33</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> <SECTNO>3.34</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation <E T="04">Standards</E> </HD> <SECTNO>3.35</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.36</SECTNO> <SUBJECT>Primary enclosures used to transport live guinea pigs and hamsters.</SUBJECT> <SECTNO>3.37</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.38</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.39</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.40</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.41</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and <E T="04">Operating Standards</E> </HD> <SECTNO>3.50</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.51</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.52</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.53</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal <E T="04">Health and Husbandry Standards</E> </HD> <SECTNO>3.54</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.55</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.56</SECTNO> <SUBJECT>Sanitation.</SUBJECT> <SECTNO>3.57</SECTNO> <SUBJECT>Employees.</SUBJECT> <SECTNO>3.58</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> <SECTNO>3.59</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation <E T="04">Standards</E> </HD> <SECTNO>3.60</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.61</SECTNO> <SUBJECT>Primary enclosures used to transport live rabbits.</SUBJECT> <SECTNO>3.62</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.63</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.64</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.65</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.66</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Specifications for the Humane Handling, Care, Treatment, and Transportation of Nonhuman Primates</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTNO>3.75</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> <SECTNO>3.76</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> <SECTNO>3.77</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> <SECTNO>3.78</SECTNO> <SUBJECT>Outdoor housing facilities.</SUBJECT> <SECTNO>3.79</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> <SECTNO>3.80</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> <SECTNO>3.81</SECTNO> <SUBJECT>Environment enhancement to promote psychological well-being.</SUBJECT> </SUBJGRP> <SUBJGRP> <PRTPAGE P="43"/> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> </SUBJGRP> <SECTNO>3.82</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.83</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.84</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> <SECTNO>3.85</SECTNO> <SUBJECT>Employees.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> </SUBJGRP> <SECTNO>3.86</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.87</SECTNO> <SUBJECT>Primary enclosures used to transport nonhuman primates.</SUBJECT> <SECTNO>3.88</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.89</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.90</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.91</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.92</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards </HD> </SUBJGRP> <SECTNO>3.100</SECTNO> <SUBJECT>Special considerations regarding compliance and/or variance.</SUBJECT> <SECTNO>3.101</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.102</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.103</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.104</SECTNO> <SUBJECT>Space requirements.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> </SUBJGRP> <SECTNO>3.105</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.106</SECTNO> <SUBJECT>Water quality.</SUBJECT> <SECTNO>3.107</SECTNO> <SUBJECT>Sanitation. </SUBJECT> <SECTNO>3.108</SECTNO> <SUBJECT>Employees or attendants.</SUBJECT> <SECTNO>3.109</SECTNO> <SUBJECT>Separation.</SUBJECT> <SECTNO>3.110</SECTNO> <SUBJECT>Veterinary care.</SUBJECT> <SECTNO>3.111</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> </SUBJGRP> <SECTNO>3.112</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.113</SECTNO> <SUBJECT>Primary enclosures used to transport marine mammals.</SUBJECT> <SECTNO>3.114</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.115</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.116</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.117</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.118</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">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</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards </HD> </SUBJGRP> <SECTNO>3.125</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> <SECTNO>3.126</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> <SECTNO>3.127</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> <SECTNO>3.128</SECTNO> <SUBJECT>Space requirements.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards </HD> </SUBJGRP> <SECTNO>3.129</SECTNO> <SUBJECT>Feeding.</SUBJECT> <SECTNO>3.130</SECTNO> <SUBJECT>Watering.</SUBJECT> <SECTNO>3.131</SECTNO> <SUBJECT>Sanitation.</SUBJECT> <SECTNO>3.132</SECTNO> <SUBJECT>Employees.</SUBJECT> <SECTNO>3.133</SECTNO> <SUBJECT>Separation.</SUBJECT> <SECTNO>3.134—3.135</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> </SUBJGRP> <SECTNO>3.136</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> <SECTNO>3.137</SECTNO> <SUBJECT>Primary enclosures used to transport live animals.</SUBJECT> <SECTNO>3.138</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> <SECTNO>3.139</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> <SECTNO>3.140</SECTNO> <SUBJECT>Care in transit.</SUBJECT> <SECTNO>3.141</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> <SECTNO>3.142</SECTNO> <SUBJECT>Handling.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 32 FR 3273, Feb. 24, 1967, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats <SU>1</SU> </HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 56 FR 6486, Feb. 15, 1991, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.1</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> (a) <E T="03">Structure;</E> <FTREF/> construction. <E T="01">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.</E> <FTNT> <SU>1</SU> These minimum standards apply only to live dogs and cats, unless stated otherwise. </FTNT> (b) <E T="03">Condition and site.</E> 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 <PRTPAGE P="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) <E T="03">Surfaces</E>—(1) <E T="03">General requirements.</E> 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) <E T="03">Maintenance and replacement of surfaces.</E> 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) <E T="03">Cleaning.</E> Hard surfaces with which the dogs or cats come in contact must be spot-cleaned daily and sanitized in accordance with § 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 § 3.11(b)(3) for primary enclosures. (d) <E T="03">Water and electric power.</E> 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) <E T="03">Storage.</E> 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) <E T="03">Drainage and waste disposal.</E> 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 <PRTPAGE P="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) <E T="03">Washrooms and sinks.</E> Washing facilities such as washrooms, basins, sinks, or showers must be provided for animal caretakers and must be readily accessible. </SECTION> <SECTION> <SECTNO>§ 3.2</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (10 °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 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. (b) <E T="03">Ventilation.</E> 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 °F (29.5 °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) <E T="03">Lighting.</E> 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) <E T="03">Interior surfaces.</E> 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). </SECTION> <SECTION> <SECTNO>§ 3.3</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (10 °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 <PRTPAGE P="46"/>of conserving body heat must be provided when temperatures are below 50 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. (b) <E T="03">Ventilation.</E> 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 °F (29.5 °C) or higher. (c) <E T="03">Lighting.</E> 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) <E T="03">Shelter from the elements.</E> 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) <E T="03">Surfaces.</E> (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. </SECTION> <SECTION> <SECTNO>§ 3.4</SECTNO> <SUBJECT>Outdoor housing facilities.</SUBJECT> (a) <E T="03">Restrictions.</E> (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 °F (10 °C). (b) <E T="03">Shelter from the elements.</E> 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 °F (10 °C). Additional clean, dry <PRTPAGE P="47"/>bedding is required when the temperature is 35 °F (1.7 °C) or lower. (c) <E T="03">Construction.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.5</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (10 °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 °F (10 °C). The ambient temperature must not fall below 45 °F (7.2 °C) for more than 4 consecutive hours when dogs or cats are present, and must not exceed 85 °F (29.5 °C) for more than 4 consecutive hours when dogs or cats are present. (b) <E T="03">Ventilation.</E> 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 °F (29.5 °C) or higher. (c) <E T="03">Lighting.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.6</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> Primary enclosures for dogs and cats must meet the following minimum requirements: (a) <E T="03">General requirements.</E> (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 § 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 <PRTPAGE P="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) <E T="03">Additional requirements for cats.</E> (1) <E T="03">Space.</E> 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<FR>1/2</FR> 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<SU>2</SU> (0.28 m<SU>2</SU>); (C) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 ft<SU>2</SU> (0.37 m<SU>2</SU>); (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) <E T="03">Compatibility.</E> 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) <E T="03">Litter.</E> In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes. (4) <E T="03">Resting surfaces.</E> 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) <E T="03">Cats in mobile or traveling shows or acts.</E> 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 § 3.14 of this subpart other than the marking requirements in § 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) <E T="03">Additional requirements for dogs—</E>(1) <E T="03">Space.</E> (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) × (length of dog in inches + 6) = required floor space in square inches. Required floor space in inches/<PRTPAGE P="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: <E T="03">Provided</E> That, prior to February 15, 1994, each dog must be able to stand in a comfortable normal position. (2) <E T="03">Compatibility.</E> 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) <E T="03">Dogs in mobile or traveling shows or acts.</E> 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 § 3.14 of this subpart other than the marking requirements in § 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)<E T="03"> Prohibited means of primary enclosure.</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> <CITA>[56 FR 6486, Feb. 15, 1991, as amended at 62 FR 43275, Aug. 13, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.7</SECTNO> <SUBJECT>Compatible grouping.</SUBJECT> 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. </SECTION> <SECTION> <PRTPAGE P="50"/> <SECTNO>§ 3.8</SECTNO> <SUBJECT>Exercise for dogs.</SUBJECT> 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) <E T="03">Dogs housed individually.</E> 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 § 3.6(c)(1) of this subpart. (b) <E T="03">Dogs housed in groups.</E> 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) <E T="03">Methods and period of providing exercise opportunity.</E> (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 § 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 § 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) <E T="03">Exemptions.</E> (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.<PRTPAGE P="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) </SECTION> <SECTION> <SECTNO>§ 3.9</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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 § 3.11(b) of this subpart. Sanitization is achieved by using one of the methods described in § 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 § 3.11(b) of this subpart. Measures must be taken to ensure that there is no molding, deterioration, and caking of feed. </SECTION> <SECTION> <SECTNO>§ 3.10</SECTNO> <SUBJECT>Watering.</SUBJECT> 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 § 3.11(b) of this subpart, and before being used to water a different dog or cat or social grouping of dogs or cats. </SECTION> <SECTION> <SECTNO>§ 3.11</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> (a) <E T="03">Cleaning of primary enclosures.</E> 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) <E T="03">Sanitization of primary enclosures and food and water receptacles.</E> (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 °F (82.2 °C)) and soap or detergent, as with a mechanical cage washer; or (iii) Washing all soiled surfaces with appropriate detergent solutions and <PRTPAGE P="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) <E T="03">Housekeeping for premises.</E> 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) <E T="03">Pest control.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.12</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTION> <SECTNO>§ 3.13</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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 § 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 §§ 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 § 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 <PRTPAGE P="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 §§ 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 §§ 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 °F (2.2 °C) for more than 4 consecutive hours when dogs or cats are present, as set forth in § 3.18, nor lower than 45 °F (2.2 °C) for more than 45 minutes, as set forth in § 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 §§ 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 °F (10 °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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.14</SECTNO> <SUBJECT>Primary enclosures used to transport live dogs and cats.</SUBJECT> 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) <E T="03">Construction of primary enclosures.</E> 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:<PRTPAGE P="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) <E T="03">Cleaning of primary enclosures.</E> 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 § 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) <E T="03">Ventilation.</E> (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<PRTPAGE P="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) <E T="03">Compatibility.</E> (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) <E T="03">Space and placement.</E> (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) <E T="03">Transportation by air.</E> (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) <E T="03">Transportation by surface vehicle or privately owned aircraft.</E> (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) <E T="03">Accompanying documents and records.</E> 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 <PRTPAGE P="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 § 3.13(c). <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.15</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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 °F (29.5 °C). Moreover, the ambient temperature may not exceed 85 °F (29.5 °C) for a period of more than 4 hours; nor fall below 45 °F (7.2 °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. </SECTION> <SECTION> <SECTNO>§ 3.16</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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 § 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 § 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.17</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (a) <E T="03">Surface transportation (ground and water).</E> 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 § 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) <E T="03">Air transportation.</E> 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 § 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 § 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 § 3.6 or § 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. </SECTION> <SECTION> <SECTNO>§ 3.18</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> (a) <E T="03">Placement.</E> 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) <E T="03">Cleaning, sanitization, and pest control.</E> All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in § 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) <E T="03">Ventilation.</E> 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 <PRTPAGE P="58"/>conditioning must be used in any animal holding area containing dogs and cats, when the ambient temperature is 85 °F (29.5 °C) or higher (d) <E T="03">Temperature.</E> The ambient temperature in an animal holding area containing dogs or cats must not fall below 45 °F (7.2 °C) or rise above 85 °F (29.5 °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) <E T="03">Shelter.</E> 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) <E T="03">Shelter from sunlight and extreme heat.</E> Shade must be provided that is sufficient to protect the dog or cat from the direct rays of the sun. (2) <E T="03">Shelter from rain or snow.</E> Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation. (f) <E T="03">Duration.</E> 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 § 3.13(f) of this subpart. </SECTION> <SECTION> <SECTNO>§ 3.19</SECTNO> <SUBJECT>Handling.</SUBJECT> (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 °F (29.5 °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 § 3.18(d) of this subpart. (2) <E T="03">Shelter from rain and snow.</E> Sufficient protection must be provided to allow the dogs and cats to remain dry during rain, snow, and other precipitation. (3) <E T="03">Shelter from cold temperatures.</E> 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 °F (10 °C). The dogs or cats must not be exposed to an ambient temperature below 45 °F (7.2 °C) for a period of more than 45 minutes, unless they are accompanied by a certificate of acclimation to lower temperatures as provided in § 3.13(e). The temperature must be measured in the manner provided in § 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 <PRTPAGE P="59"/>primary conveyance or terminal facility, and to or from a terminal facility or a primary conveyance. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Specifications for the Humane Handling, Care, Treatment, and Transportation of Guinea Pigs and Hamsters</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.25</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Structural strength.</E> 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) <E T="03">Water and electric power.</E> Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (c) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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) <E T="03">Washroom and sinks.</E> Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.26</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Heating.</E> 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° F. nor to exceed 85° F. (b) <E T="03">Ventilation.</E> 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° F. (c) <E T="03">Lighting.</E> 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) <E T="03">Interior surfaces.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.27</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.28</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> All primary enclosures for guinea pigs and hamsters shall conform to the following requirements: (a) <E T="03">General.</E> (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 <PRTPAGE P="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: <E T="03">Provided, however,</E> That such floors shall be constructed so as to protect the animals’ feet and legs from injury. (b) <E T="03">Space requirements for primary enclosures acquired before August 15, 1990.—</E>(1) <E T="03">Guinea pigs and hamsters.</E> 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) <E T="03">Guinea pigs.</E> 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<FR>1/2</FR> 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: <GPOTABLE CDEF="s25,9" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Weight or stage of maturity</CHED> <CHED H="1">Minimum space per guinea pig (square inches)</CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 350 grams</ENT> <ENT>60</ENT> </ROW> <ROW> <ENT I="01">350 grams or more</ENT> <ENT>90</ENT> </ROW> <ROW> <ENT I="01">Breeders</ENT> <ENT>180</ENT> </ROW> </GPOTABLE> (3) <E T="03">Hamsters.</E> 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<FR>1/2</FR> 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: <E T="03">Provided, however,</E> 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: <GPOTABLE CDEF="s25,7,7,9" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Age</CHED> <CHED H="1">Minimum space per hamster (square inches)</CHED> <CHED H="2"> <E T="03">Dwarf</E> </CHED> <CHED H="2"> <E T="03">Other</E> </CHED> <CHED H="1">Maximum population per enclosure</CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 5 wks</ENT> <ENT>5.0</ENT> <ENT>10.0</ENT> <ENT>20</ENT> </ROW> <ROW> <ENT I="01">5 to 10 wks</ENT> <ENT>7.5</ENT> <ENT>12.5</ENT> <ENT>16</ENT> </ROW> <ROW> <ENT I="01">10 wks. or more</ENT> <ENT>9</ENT> <ENT>15.0</ENT> <ENT>13</ENT> </ROW> </GPOTABLE> (c) <E T="03">Space requirements for primary enclosures acquired on or after August 15, 1990—</E>(1) <E T="03">Guinea pigs.</E> (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: <GPOTABLE CDEF="s20,4,6" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Weight or stage of maturity</CHED> <CHED H="1">Minimum floor space</CHED> <CHED H="2">in<SU>2</SU> </CHED> <CHED H="2">cm<SU>2</SU> </CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 350 grams </ENT> <ENT>60 </ENT> <ENT>387.12</ENT> </ROW> <ROW> <ENT I="01">>350 grams </ENT> <ENT>101 </ENT> <ENT>651.65</ENT> </ROW> <ROW> <ENT I="01">Nursing females with their litters </ENT> <ENT>101 </ENT> <ENT>651.65</ENT> </ROW> </GPOTABLE> (2) <E T="03">Hamsters.</E> (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:<PRTPAGE P="61"/> <GPOTABLE CDEF="xl10,xls36,6,6" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Weight</CHED> <CHED H="2">g</CHED> <CHED H="2">ozs</CHED> <CHED H="1">Minimum floor space per hamster</CHED> <CHED H="2">in<E T="51">2</E> </CHED> <CHED H="2">cm<E T="51">2</E> </CHED> </BOXHD> <ROW> <ENT I="01"> <E T="61"><</E>60</ENT> <ENT> <E T="61"><</E>2.1</ENT> <ENT>10</ENT> <ENT>64.52</ENT> </ROW> <ROW> <ENT I="01">60 to 80</ENT> <ENT>2.1-2.8</ENT> <ENT>13</ENT> <ENT>83.88</ENT> </ROW> <ROW> <ENT I="01">80 to 100</ENT> <ENT>2.8-3.5</ENT> <ENT>16</ENT> <ENT>103.23</ENT> </ROW> <ROW> <ENT I="01">>100</ENT> <ENT>>3.5</ENT> <ENT>19</ENT> <ENT>122.59</ENT> </ROW> </GPOTABLE> (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: <E T="03">Provided, however,</E> 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. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28882, July 16, 1990]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.29</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.30</SECTNO> <SUBJECT>Watering.</SUBJECT> 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: <E T="03">Provided, however,</E> That such receptacles shall be sanitized at least once every 2 weeks. </SECTION> <SECTION> <SECTNO>§ 3.31</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Cleaning and sanitation of primary enclosures.</E> (1) Primary enclosures shall be cleaned and sanitized often enough to prevent an accumulation of excreta or debris: <E T="03">Provided, however,</E> 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.<PRTPAGE P="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° 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. </SECTION> <SECTION> <SECTNO>§ 3.32</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.33</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.34</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> 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. </AUTH> <SECTION> <SECTNO>§ 3.35</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.36 of the standards: <E T="03">Provided, however,</E> 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 § 3.36 of the standards, unless such primary enclosure is obviously defective or damaged <PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[42 FR 31563, June 21, 1977, as amended at 43 FR 22163, May 16, 1978; 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.36</SECTNO> <SUBJECT>Primary enclosures used to transport live guinea pigs and hamsters.</SUBJECT> 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 <PRTPAGE P="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: <E T="03">Provided, however,</E> 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) <E T="03">Guinea pigs.</E> (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: <GPOTABLE CDEF="s50,9,9" COLS="3" OPTS="L2"> <TTITLE> <E T="04">Minimum space per live guinea pig</E> </TTITLE> <BOXHD> <CHED H="1">Weight (grams)</CHED> <CHED H="1">Square centimeters</CHED> <CHED H="1">Square inches</CHED> </BOXHD> <ROW> <ENT I="01">Up to 350</ENT> <ENT>193.6</ENT> <ENT>30</ENT> </ROW> <ROW> <ENT I="01">350 to 600</ENT> <ENT>290.3</ENT> <ENT>45</ENT> </ROW> <ROW> <ENT I="01">Over 600</ENT> <ENT>354.8</ENT> <ENT>55</ENT> </ROW> </GPOTABLE> (2) <E T="03">Hamsters.</E> (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: <GPOTABLE CDEF="s50,8,8,8,8" COLS="5" OPTS="L2"> <TTITLE> <E T="04">Minimum space per live hamster</E> </TTITLE> <BOXHD> <CHED H="1">Age</CHED> <CHED H="1">Dwarf</CHED> <CHED H="2">Square centimeters</CHED> <CHED H="2">Square inches</CHED> <CHED H="1">Other</CHED> <CHED H="2">Square centimeters</CHED> <CHED H="2">Square inches</CHED> </BOXHD> <ROW> <ENT I="01">Weaning to 5 wks</ENT> <ENT>32.2</ENT> <ENT>5.0</ENT> <ENT>45.2</ENT> <ENT>7</ENT> </ROW> <ROW> <ENT I="01">5 to 10 wks</ENT> <ENT>48.3</ENT> <ENT>7.5</ENT> <ENT>71.0</ENT> <ENT>11</ENT> </ROW> <ROW> <ENT I="01">Over 10 wks</ENT> <ENT>58.1</ENT> <ENT>9.0</ENT> <ENT>96.8</ENT> <ENT>15</ENT> </ROW> </GPOTABLE> (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 § 3.31 of the standards, if previously used. Such primary enclosures shall contain clean <PRTPAGE P="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. <CITA>[42 FR 31563, June 21, 1977, as amended at 43 FR 21163, May 16, 1978; 55 FR 28882, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.37</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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 °F (23.9 °C) or higher. The ambient temperature within the animal cargo space shall not exceed 85 °F (29.5 °C) or fall below 45 °F (7.2 °C), except that the ambient temperature in the cargo space may be below 45 °F (7.2 °C) for hamsters if the hamsters are accompanied by a certificate of acclimation to lower temperatures, as provided in § 3.35(c) of this part. <CITA>[42 FR 31563, June 21, 1977, as amended at 55 FR 28882, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.38</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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 <PRTPAGE P="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. <CITA>[42 FR 31563, June 21, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.39</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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. <CITA>[42 FR 31563, June 21, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.40</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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° C. (75.° 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° C. (45° F.) nor be allowed to exceed 29.5° C. (85° 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 <PRTPAGE P="67"/>between the top and bottom of such primary enclosure. <CITA>[43 FR 56215, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.41</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight.</E> 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° C. (85° F.), and which shall be measured and read in the manner prescribed § 3.40 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from rain or snow.</E> Live guinea pigs and hamsters shall be provided protection to allow them to remain dry during rain or snow. (3) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for live guinea pigs and hamsters when the outdoor air temperature falls below 10° C. (50° F.), and such live guinea pigs and hamsters shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.), and which shall be measured and read in the manner prescribed in § 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. <CITA>[43 FR 21163, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, 1990]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Specifications for the Humane Handling, Care, Treatment and Transportation of Rabbits</HD> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.50</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Structural strength.</E> 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) <E T="03">Water and electric power.</E> Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (c) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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) <E T="03">Washroom and sinks.</E> Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.51</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Heating.</E> Indoor housing facilities for rabbits need not be heated. (b) <E T="03">Ventilation.</E> 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 <PRTPAGE P="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° F. or higher. (c) <E T="03">Lighting.</E> 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) <E T="03">Interior surfaces.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.52</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (a) <E T="03">Shelter from sunlight.</E> 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° F. artificial cooling shall be provided by a sprinkler system or other means. (b) <E T="03">Shelter from rain or snow.</E> Rabbits kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. (c) <E T="03">Shelter from cold weather.</E> Shelter shall be provided for all rabbits kept outdoors when the atmospheric temperature falls below 40° F. (d) <E T="03">Protection from predators.</E> Outdoor housing facilities for rabbits shall be fenced or otherwise enclosed to minimize the entrance of predators. (e) <E T="03">Drainage.</E> A suitable method shall be provided to rapidly eliminate excess water. </SECTION> <SECTION> <SECTNO>§ 3.53</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> All primary enclosures for rabbits shall conform to the following requirements: (a) <E T="03">General.</E> (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) <E T="03">Space requirements for primary enclosures acquired before August 15, 1990.</E> 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: <GPOTABLE CDEF="s50,r50,9" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Category</CHED> <CHED H="1">Individual weights (pounds)</CHED> <CHED H="1">Minimum space per rabbit (square inches)</CHED> </BOXHD> <ROW> <ENT I="01">Groups</ENT> <ENT>3 through 5</ENT> <ENT>144</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>6 through 8</ENT> <ENT>288</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>9 or more</ENT> <ENT>432</ENT> </ROW> <ROW> <ENT I="01">Individual adults</ENT> <ENT>3 through 5</ENT> <ENT>180</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>6 through 8</ENT> <ENT>360</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>9 through 11</ENT> <ENT>540</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>12 or more</ENT> <ENT>720</ENT> </ROW> <ROW> <ENT I="01">Nursing females</ENT> <ENT>3 through 5</ENT> <ENT>576</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>6 through 8</ENT> <ENT>720</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>9 through 11</ENT> <ENT>864</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>12 or more</ENT> <ENT>1080</ENT> </ROW> </GPOTABLE> (c) <E T="03">Space requirements for primary enclosures acquired on or after August 15, 1990.</E> (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 <PRTPAGE P="69"/>space taken up by food and water receptacles, in accordance with the following table: <GPOTABLE CDEF="s10,10,10,10,10,10,10" COLS="7" OPTS="L2,lt,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Individual weights</CHED> <CHED H="2">kg</CHED> <CHED H="2">lbs</CHED> <CHED H="1">Minimum floor space</CHED> <CHED H="2">m<E T="51">2</E> </CHED> <CHED H="2">ft<E T="51">2</E> </CHED> <CHED H="1">Minimum interior height</CHED> <CHED H="2">cm</CHED> <CHED H="2">in</CHED> </BOXHD> <ROW> <ENT I="01">Individual rabbits (weaned) </ENT> <ENT> <E T="61"><</E>2 <LI>2-4 </LI> <LI>4-5.4 </LI> <LI>>5.4 </LI> </ENT> <ENT> <E T="61"><</E>4.4 <LI>4.4-8.8 </LI> <LI>8.8-11.9 </LI> <LI>>11.9 </LI> </ENT> <ENT>0.14 <LI>0.28 </LI> <LI>0.37 </LI> <LI>0.46 </LI> </ENT> <ENT>1.5 <LI>3.0 </LI> <LI>4.0 </LI> <LI>5.0 </LI> </ENT> <ENT>35.56 <LI>35.56 </LI> <LI>35.56 </LI> <LI>35.56 </LI> </ENT> <ENT>14 <LI>14 </LI> <LI>14 </LI> <LI>14</LI> </ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,10,10,10,10,10,10" COLS="7" OPTS="L2,lt,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Weight of nursing female</CHED> <CHED H="2">kg</CHED> <CHED H="2">lbs</CHED> <CHED H="1">Minimum floor space/female & litter</CHED> <CHED H="2">m<E T="51">2</E> </CHED> <CHED H="2">ft<E T="51">2</E> </CHED> <CHED H="1">Minimum interior height</CHED> <CHED H="2">cm</CHED> <CHED H="2">in</CHED> </BOXHD> <ROW> <ENT I="01">Females with litters </ENT> <ENT> <E T="61"><</E>2 <LI>2-4 </LI> <LI>4-5.4 </LI> <LI>>5.4 </LI> </ENT> <ENT> <E T="61"><</E>4.4 <LI>4.4-8.8 </LI> <LI>8.8-11.9 </LI> <LI>>11.9 </LI> </ENT> <ENT>0.37 <LI>0.46 </LI> <LI>0.56 </LI> <LI>0.70 </LI> </ENT> <ENT>4.0 <LI>5.0 </LI> <LI>6.0 </LI> <LI>7.5 </LI> </ENT> <ENT>35.56 <LI>35.56 </LI> <LI>35.56 </LI> <LI>35.56 </LI> </ENT> <ENT>14 <LI>14 </LI> <LI>14 </LI> <LI>14</LI> </ENT> </ROW> </GPOTABLE> (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. <CITA>[32 FR 3273, Feb. 24, 1967, as amended at 55 FR 28883, July 16, 1990]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.54</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.55</SECTNO> <SUBJECT>Watering.</SUBJECT> 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: <E T="03">Provided, however,</E> That such receptacles shall be sanitized at least once every 2 weeks. </SECTION> <SECTION> <SECTNO>§ 3.56</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Cleaning of primary enclosures.</E> (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) <E T="03">Sanitization of primary enclosures.</E> (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 <PRTPAGE P="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° 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. </SECTION> <SECTION> <SECTNO>§ 3.57</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.58</SECTNO> <SUBJECT>Classification and separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.59</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> 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. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> Sections 3.60 through 3.66 appear at 42 FR 31565, June 21, 1977, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 3.60</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.61 of the standards: <E T="03">Provided, however,</E> 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 § 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:<PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[42 FR 31565, June 21, 1977, as amended at 43 FR 21164, May 16, 1978; 44 FR 63493, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.61</SECTNO> <SUBJECT>Primary enclosures used to transport live rabbits.</SUBJECT> 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: <E T="03">Provided, however,</E> 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;<PRTPAGE P="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 § 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. <CITA>[42 FR 31565, June 21, 1977, as amended at 43 FR 21164, May 16, 1978; 55 FR 28883, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.62</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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.<PRTPAGE P="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 °F (23.9 °C) or higher. The ambient temperature within the animal cargo space shall not exceed 85 °F (29.5 °C) or fall below 45 °F (7.2 °C), except that the ambient temperature in the cargo space may be below 45 °F (7.2 °C) if the rabbits are accompanied by a certificate of acclimation to lower temperatures, as provided in § 3.60(c) of this part. <CITA>[42 FR 31565, June 21, 1977, as amended at 55 FR 28883, July 16, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.63</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.64</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.65</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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 <PRTPAGE P="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° C. (75° F.) or higher. The air temperature around any live rabbit in any animal holding area shall not be allowed to fall below 7.2° C. (45° F.) nor be allowed to exceed 29.5° C. (85° 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. <CITA>[43 FR 56216, Dec. 1, 1978, as amended at 55 FR 28883, July 16, 1990]]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.66</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight.</E> 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° C. (85° F.), and which shall be measured and read in the manner prescribed in § 3.65 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from rain or snow.</E> Live rabbits shall be provided protection to allow them to remain dry during rain or snow. (3) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for live rabbits when the outdoor air temperature falls below 10° C. (50° F.), and such live rabbits shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.), and which shall be measured and read in the manner prescribed in § 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 § 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. <CITA>[43 FR 21164, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, 1990]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Specifications for the Humane Handling, Care, Treatment, and Transportation of Nonhuman Primates <SU>2</SU> </HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 56 FR 6495, Feb. 15, 1991, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.75</SECTNO> <SUBJECT>Housing facilities, general.</SUBJECT> (a) <E T="03">Structure:</E> <FTREF/> construction. <E T="01">Housing facilities for nonhuman primates must <PRTPAGE P="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.</E> <FTNT> <SU>2</SU> 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 <PRTPAGE/>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. </FTNT> (b) <E T="03">Condition and site.</E> 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) <E T="03">Surfaces</E>—(1) <E T="03">General requirements.</E> 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) <E T="03">Maintenance and replacement of surfaces.</E> 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) <E T="03">Cleaning.</E> Hard surfaces with which nonhuman primates come in contact must be spot-cleaned daily and sanitized in accordance with § 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 § 3.84(b)(3) of this subpart for primary enclosures. (d) <E T="03">Water and electric power.</E> 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.<PRTPAGE P="76"/> (e) <E T="03">Storage.</E> 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) <E T="03">Drainage and waste disposal.</E> 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) <E T="03">Washrooms and sinks.</E> Washing facilities, such as washrooms, basins, sinks, or showers must be provided for animal caretakers and must be readily accessible. </SECTION> <SECTION> <SECTNO>§ 3.76</SECTNO> <SUBJECT>Indoor housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (7.2 °C) for more than 4 consecutive hours when nonhuman primates are present, and must not rise above 85 °F (29.5 °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) <E T="03">Ventilation.</E> 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 °F (29.5 °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) <E T="03">Lighting.</E> Indoor housing facilities must be lighted well enough to permit <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.77</SECTNO> <SUBJECT>Sheltered housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (7.2 °C) for more than 4 consecutive hours when nonhuman primates are present, and must not rise above 85 °F (29.5 °C) for more than 4 consecutive hours when nonhuman primates are present, unless temperatures above 85 °F (29.5 °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) <E T="03">Ventilation.</E> 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 °F (29.5 °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) <E T="03">Lighting.</E> 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) <E T="03">Shelter from the elements.</E> 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) <E T="03">Capacity: multiple shelters.</E> 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) <E T="03">Perimeter fence.</E> 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 <PRTPAGE P="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) <E T="03">Public barriers.</E> 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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.78</SECTNO> <SUBJECT>0utdoor housing facilities.</SUBJECT> (a) <E T="03">Acclimation.</E> 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) <E T="03">Shelter from the elements.</E> 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 °F (7.2 °C), except as directed by the attending veterinarian and in accordance with generally accepted professional and husbandry practices. (c) <E T="03">Capacity: multiple shelters.</E> 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) <E T="03">Perimeter fence.</E> 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.<PRTPAGE P="79"/> (e) <E T="03">Public barriers.</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.79</SECTNO> <SUBJECT>Mobile or traveling housing facilities.</SUBJECT> (a) <E T="03">Heating, cooling, and temperature.</E> 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 °F (7.2 °C) for more than 4 consecutive hours when nonhuman primates are present, and must not rise above 85 °F (29.5 °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) <E T="03">Ventilation.</E> 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 °F (29.5 °C) or higher. (c) <E T="03">Lighting.</E> 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, adequatecleaning, 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) <E T="03">Public barriers.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.80</SECTNO> <SUBJECT>Primary enclosures.</SUBJECT> Primary enclosures for nonhuman primates must meet the following minimum requirements: (a) <E T="03">General requirements.</E> (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;<PRTPAGE P="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 § 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) <E T="03">Minimum space requirements.</E> 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 <E T="03">each</E> 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<SU>3</SU> <FTREF/> and will be calculated by using the following table: <SU>4</SU> <FTREF/> <FTNT> <SU>3</SU> 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. </FTNT> <FTNT> <SU>4</SU> 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. </FTNT> <PRTPAGE P="81"/> <GPOTABLE CDEF="s10,r25,r25,8,8,4,10" COLS="7" OPTS="L2,i1"> <BOXHD> <CHED H="1">Group</CHED> <CHED H="1">Weight</CHED> <CHED H="2">lbs.</CHED> <CHED H="2">(kg.)</CHED> <CHED H="1">Floor area/animal</CHED> <CHED H="2">ft.<SU>2</SU> </CHED> <CHED H="2">(m <SU>2</SU>)</CHED> <CHED H="1">Height</CHED> <CHED H="2">in.</CHED> <CHED H="2">(cm.)</CHED> </BOXHD> <ROW> <ENT I="01">1 </ENT> <ENT>under 2.2 </ENT> <ENT>(under 1) </ENT> <ENT>1.6 </ENT> <ENT>(0.15) </ENT> <ENT>20 </ENT> <ENT>(50.8)</ENT> </ROW> <ROW> <ENT I="01">2 </ENT> <ENT>2.2-6.6 </ENT> <ENT>(1-3) </ENT> <ENT>3.0 </ENT> <ENT>(0.28) </ENT> <ENT>30 </ENT> <ENT>(76.2)</ENT> </ROW> <ROW> <ENT I="01">3 </ENT> <ENT>6.6-22.0 </ENT> <ENT>(3-10) </ENT> <ENT>4.3 </ENT> <ENT>(0.40) </ENT> <ENT>30 </ENT> <ENT>(76.2)</ENT> </ROW> <ROW> <ENT I="01">4 </ENT> <ENT>22.0-33.0 </ENT> <ENT>(10-15) </ENT> <ENT>6.0 </ENT> <ENT>(0.56) </ENT> <ENT>32 </ENT> <ENT>(81.28)</ENT> </ROW> <ROW> <ENT I="01">5 </ENT> <ENT>33.0-55.0 </ENT> <ENT>(15-25) </ENT> <ENT>8.0 </ENT> <ENT>(0.74) </ENT> <ENT>36 </ENT> <ENT>(91.44)</ENT> </ROW> <ROW> <ENT I="01">6 </ENT> <ENT>over 55.0 </ENT> <ENT>(over 25) </ENT> <ENT>25.1 </ENT> <ENT>(2.33) </ENT> <ENT>84 </ENT> <ENT>(213.36)</ENT> </ROW> </GPOTABLE> (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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.81</SECTNO> <SUBJECT>Environment enhancement to promote psychological well-being.</SUBJECT> 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) <E T="03">Social grouping.</E> 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 <PRTPAGE P="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) <E T="03">Environmental enrichment.</E> 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) <E T="03">Special considerations.</E> 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) <E T="03">Restraint devices.</E> 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) <E T="03">Exemptions.</E> (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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> </SUBJGRP> <SUBJGRP> <PRTPAGE P="83"/> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.82</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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 § 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. </SECTION> <SECTION> <SECTNO>§ 3.83</SECTNO> <SUBJECT>Watering.</SUBJECT> 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 § 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 nonhumanprimate or social grouping of nonhuman primates. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.84</SECTNO> <SUBJECT>Cleaning, sanitization, housekeeping, and pest control.</SUBJECT> (a) <E T="03">Cleaning of primary enclosures.</E> 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) <E T="03">Sanitization of primary enclosures and food and water receptacles.</E> <PRTPAGE P="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 °F (82.2 °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) <E T="03">Housekeeping for premises.</E> 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) <E T="03">Pest control.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.85</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTION> <SECTNO>§ 3.86</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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 <PRTPAGE P="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 § 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 § 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 §§ 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 §§ 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 °F (10 °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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.87</SECTNO> <SUBJECT>Primary enclosures used to transport nonhuman primates.</SUBJECT> 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) <E T="03">Construction of primary enclosures.</E> 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) <E T="03">Cleaning of primary enclosures.</E> 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 § 3.84(b)(3) of this subpart. (c) <E T="03">Ventilation.</E> (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 <PRTPAGE P="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) <E T="03">Compatibility.</E> (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) <E T="03">Space requirements.</E> 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) <E T="03">Marking and labeling.</E> 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) <E T="03">Accompanying documents and records.</E> 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 § 3.86(c) of this subpart. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.88</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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.<PRTPAGE P="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 °F (7.2 °C) and 85 °F (30 °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. </SECTION> <SECTION> <SECTNO>§ 3.89</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (a) Each nonhuman primate that is 1 year of age or more must be offered food <SU>5</SU> <FTREF/> 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 § 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 § 3.86(c) of this subpart. <FTNT> <SU>5</SU> Proper food for purposes of this section is described in § 3.82 of this subpart, with the necessities and circumstances of the mode of travel taken into account. </FTNT> (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 <PRTPAGE P="89"/>leave the primary enclosure through the food or water opening. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> <SECTION> <SECTNO>§ 3.90</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (a) <E T="03">Surface transportation (ground and water).</E> 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 § 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) <E T="03">Air transportation.</E> 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 § 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 § 3.80 or § 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. </SECTION> <SECTION> <SECTNO>§ 3.91</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> (a) <E T="03">Placement.</E> 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) <E T="03">Cleaning, sanitization, and pest control.</E> All animal holding areas of terminal facilities must be cleaned and sanitized in a manner prescribed in § 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) <E T="03">Ventilation.</E> 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. <PRTPAGE P="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 °F (29.5 °C) or higher. (d) <E T="03">Temperature.</E> The ambient temperature in an animal holding area containing nonhuman primates must not fall below 45 °F (7.2 °C) or rise above 85 °F (29.5 °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) <E T="03">Shelter.</E> 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) <E T="03">Shelter from sunlight and extreme heat.</E> Shade must be provided that is sufficient to protect the nonhuman primate from the direct rays of the sun. (2) <E T="03">Shelter from rain or snow.</E> Sufficient protection must be provided to allow nonhuman primates to remain dry during rain, snow, and other precipitation. (f) <E T="03">Duration.</E> 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 § 3.86(f) of this subpart. </SECTION> <SECTION> <SECTNO>§ 3.92</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight and extreme heat.</E> 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 °F (29.5 °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 § 3.91(d) of this subpart. (2) <E T="03">Shelter from rain or snow.</E> Sufficient protection must be provided to allow nonhuman primates to remain dry during rain, snow, and other precipitation. (3) <E T="03">Shelter from cold temperatures.</E> 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 °F (7.2 °C). A nonhuman primate must not be exposed to an ambient air temperature below 45 °F (7.2 °C) for a period of more than 45 minutes, unless it is accompanied by a certificate of acclimation to lower temperatures as provided in § 3.86(e) of this subpart. The ambient temperature must be measured in the manner provided in § 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0093)</APPRO> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 44 FR 36874, June 22, 1979, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.100</SECTNO> <SUBJECT>Special considerations regarding compliance and/or variance.</SUBJECT> (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,<SU>6</SU> <FTREF/> by the Deputy Administrator, from one or more specified provisions of § 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. <FTNT> <SU>6</SU> 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 § 3.104. </FTNT> (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, <E T="03">Provided, however,</E> 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 <PRTPAGE P="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. <CITA>[49 FR 26681, June 28, 1984; 63 FR 2, Jan. 2, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.101</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Construction requirements.</E> (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) <E T="03">Water and power supply.</E> 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) <E T="03">Drainage.</E> (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) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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 <PRTPAGE P="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) <E T="03">Washroom facilities.</E> Facilities such as washrooms, basins, showers, or sinks, shall be provided to maintain cleanliness among employees and attendants. <CITA>[44 FR 36874, June 22, 1979, as amended at 44 FR 63492, Nov. 2, 1979; 49 FR 26682, June 28, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.102</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Ambient temperature.</E> 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) <E T="03">Ventilation.</E> 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) <E T="03">Lighting.</E> 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.<SU>7</SU> <FTREF/> <FTNT> <SU>7</SU> 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. </FTNT> <CITA>[44 FR 36874, June 22, 1979; 63 FR 2, Jan. 2, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.103</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (a) <E T="03">Environmental temperatures.</E> 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) <E T="03">Shelter.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.104</SECTNO> <SUBJECT>Space requirements.</SUBJECT> (a) <E T="03">General.</E> Primary enclosures, including pools of water housing marine mammals, shall comply with the minimum space requirements prescribed by this part. They shall be constructed <PRTPAGE P="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 § 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) <E T="03">Cetaceans.</E> 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) <E T="03">The required minimum horizontal dimension</E> (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 <SU>8</SU> <FTREF/> ), 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. <FTNT> <SU>8</SU> The body length of a <E T="03">Monodon monoceros</E> (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. </FTNT> (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. <GPOTABLE CDEF="7,5.1,4.2,6,4.2,4.2,4.2,6.2" COLS="8" OPTS="L2"> <TTITLE> <E T="04">Table I—Group I Cetaceans</E> <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Representative average adult lengths</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum horizontal dimension (MHD)</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum required depth</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Volume of water required for each additional cetacean in excess of two</CHED> <CHED H="2">Cubic meters</CHED> <CHED H="2">feet</CHED> </BOXHD> <ROW> <ENT I="01">1.68 </ENT> <ENT>5.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>8.11 </ENT> <ENT>284.95</ENT> </ROW> <ROW> <ENT I="01">2.29 </ENT> <ENT>7.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>15.07 </ENT> <ENT>529.87</ENT> </ROW> <ROW> <ENT I="01">2.74 </ENT> <ENT>9.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>21.57 </ENT> <ENT>763.02</ENT> </ROW> <ROW> <ENT I="01">3.05 </ENT> <ENT>10.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>26.73 </ENT> <ENT>942.00</ENT> </ROW> <ROW> <ENT I="01">3.51 </ENT> <ENT>11.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>35.40 </ENT> <ENT>1,245.79</ENT> </ROW> <ROW> <ENT I="01">3.66 </ENT> <ENT>12.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>38.49 </ENT> <ENT>1,356.48</ENT> </ROW> <ROW> <PRTPAGE P="95"/> <ENT I="01">4.27 </ENT> <ENT>14.0 </ENT> <ENT>8.53 </ENT> <ENT>28 </ENT> <ENT>2.13 </ENT> <ENT>7 </ENT> <ENT>60.97 </ENT> <ENT>2,154.04</ENT> </ROW> <ROW> <ENT I="01">5.49 </ENT> <ENT>18.0 </ENT> <ENT>10.97 </ENT> <ENT>36 </ENT> <ENT>2.74 </ENT> <ENT>9 </ENT> <ENT>129.65 </ENT> <ENT>4,578.12</ENT> </ROW> <ROW> <ENT I="01">5.64 </ENT> <ENT>18.5 </ENT> <ENT>11.28 </ENT> <ENT>37 </ENT> <ENT>2.82 </ENT> <ENT>9.25 </ENT> <ENT>140.83 </ENT> <ENT>4,970.33</ENT> </ROW> <ROW> <ENT I="01">5.79 </ENT> <ENT>19.0 </ENT> <ENT>11.58 </ENT> <ENT>38 </ENT> <ENT>2.90 </ENT> <ENT>9.50 </ENT> <ENT>152.64 </ENT> <ENT>5,384.32</ENT> </ROW> <ROW> <ENT I="01">6.71 </ENT> <ENT>22.0 </ENT> <ENT>13.41 </ENT> <ENT>44 </ENT> <ENT>3.36 </ENT> <ENT>11 </ENT> <ENT>237.50 </ENT> <ENT>8,358.68</ENT> </ROW> <ROW> <ENT I="01">6.86 </ENT> <ENT>22.5 </ENT> <ENT>13.72 </ENT> <ENT>45 </ENT> <ENT>3.43 </ENT> <ENT>11.25 </ENT> <ENT>253.42 </ENT> <ENT>8,941.64</ENT> </ROW> <ROW> <ENT I="01">7.32 </ENT> <ENT>24.0 </ENT> <ENT>14.63 </ENT> <ENT>48 </ENT> <ENT>3.66 </ENT> <ENT>12 </ENT> <ENT>307.89 </ENT> <ENT>10,851.84</ENT> </ROW> <ROW> <ENT I="01">8.53 </ENT> <ENT>28.0 </ENT> <ENT>17.07 </ENT> <ENT>56 </ENT> <ENT>4.27 </ENT> <ENT>14 </ENT> <ENT>487.78 </ENT> <ENT>17,232.32</ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="7,5.1,4.2,6,4.2,6,4.2,5.2" COLS="8" OPTS="L2"> <TTITLE> <E T="04">Table II—Group II Cetaceans</E> <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Representative average adult length</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum horizontal dimension (MHD)</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Minimum required depth</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Volume of water required for each additional cetacean in excess of four</CHED> <CHED H="2">Cubic meters <SU>1</SU> </CHED> <CHED H="2">Cubic feet</CHED> </BOXHD> <ROW> <ENT I="01">1.52 </ENT> <ENT>5.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>13.28 </ENT> <ENT>471.00</ENT> </ROW> <ROW> <ENT I="01">1.68 </ENT> <ENT>5.5 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>16.22 </ENT> <ENT>569.91</ENT> </ROW> <ROW> <ENT I="01">1.83 </ENT> <ENT>6.0 </ENT> <ENT>7.32 </ENT> <ENT>24 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>19.24 </ENT> <ENT>678.24</ENT> </ROW> <ROW> <ENT I="01">2.13 </ENT> <ENT>7.0 </ENT> <ENT>8.53 </ENT> <ENT>28 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>26.07 </ENT> <ENT>923.16</ENT> </ROW> <ROW> <ENT I="01">2.29 </ENT> <ENT>7.5 </ENT> <ENT>9.14 </ENT> <ENT>30 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>30.13 </ENT> <ENT>1,059.75</ENT> </ROW> <ROW> <ENT I="01">2.44 </ENT> <ENT>8.0 </ENT> <ENT>9.75 </ENT> <ENT>32 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>34.21 </ENT> <ENT>1,205.76</ENT> </ROW> <ROW> <ENT I="01">2.59 </ENT> <ENT>8.5 </ENT> <ENT>10.36 </ENT> <ENT>34 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>38.55 </ENT> <ENT>1,361.19</ENT> </ROW> <ROW> <ENT I="01">2.74 </ENT> <ENT>9.0 </ENT> <ENT>10.97 </ENT> <ENT>36 </ENT> <ENT>1.83 </ENT> <ENT>6 </ENT> <ENT>43.14 </ENT> <ENT>1,526.04</ENT> </ROW> <TNOTE> <SU>1</SU> Converting cubic feet to cubic meters is based on: 1 cubic foot=0.0283 of a cubic meter.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s75,r75,4.2,5.1" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">Table III—Average Adult Lengths of Marine Mammals Maintained in Captivity</E> <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Species</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Average adult length</CHED> <CHED H="2">In meters</CHED> <CHED H="2">In feet</CHED> </BOXHD> <ROW> <ENT I="11">Group I Cetaceans:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Balaenoptera acutorostrata</E> </ENT> <ENT>Minke whale </ENT> <ENT>8.50 </ENT> <ENT>27.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Cephalorhynchus commersonii</E> </ENT> <ENT>Commerson's dolphin </ENT> <ENT>1.52 </ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Delphinapterus leucas</E> </ENT> <ENT>Beluga whale </ENT> <ENT>4.27 </ENT> <ENT>14.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Monodon monoceros</E> </ENT> <ENT>Narwhale </ENT> <ENT>3.96 </ENT> <ENT>13.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Globicephala melaena</E> </ENT> <ENT>Long-finned pilot whale </ENT> <ENT>5.79 </ENT> <ENT>19.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Globicephala macrorhynchus</E> </ENT> <ENT>Short-finned pilot whale </ENT> <ENT>5.49 </ENT> <ENT>18.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Grampus griseus</E> </ENT> <ENT>Risso's dolphin </ENT> <ENT>3.66 </ENT> <ENT>12.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Orcinus orca</E> </ENT> <ENT>Killer whale </ENT> <ENT>7.32 </ENT> <ENT>24.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Pseudorca carassidens</E> </ENT> <ENT>False killer whale </ENT> <ENT>4.35 </ENT> <ENT>14.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Tursiops truncatus</E> (Atlantic) </ENT> <ENT>Bottlenose dolphin </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Tursiops truncatus</E> (Pacific) </ENT> <ENT>Bottlenose dolphin </ENT> <ENT>3.05 </ENT> <ENT>10.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Inia geoffrensis</E> </ENT> <ENT>Amazon porpoise </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phocoena phocoena</E> </ENT> <ENT>Harbor porpoise </ENT> <ENT>1.68 </ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Pontoporia blainvillei</E> </ENT> <ENT>Franciscana </ENT> <ENT>1.52 </ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Sotalia fluviatilis</E> </ENT> <ENT>Tucuxi </ENT> <ENT>1.68 </ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Platanista,</E> all species </ENT> <ENT>River dolphin </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="11">Group II Cetaceans:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Delphinus delphis</E> </ENT> <ENT>Common dolphin </ENT> <ENT>2.59 </ENT> <ENT>8.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Feresa attenuata</E> </ENT> <ENT>Pygmy killer whale </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Kogia breviceps</E> </ENT> <ENT>Pygmy sperm whale </ENT> <ENT>3.96 </ENT> <ENT>13.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Kogia simus</E> </ENT> <ENT>Dwarf sperm whale </ENT> <ENT>2.90 </ENT> <ENT>9.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus acutus</E> </ENT> <ENT>Atlantic white-sided dolphin </ENT> <ENT>2.90 </ENT> <ENT>9.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus cruciger</E> </ENT> <ENT>Hourglass dolphin </ENT> <ENT>1.70 </ENT> <ENT>5.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus obliquidens</E> </ENT> <ENT>Pacific white-sided dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus albirostris</E> </ENT> <ENT>White-beaked dolphin </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lagenorhynchus obscurus</E> </ENT> <ENT>Duskey dolphin </ENT> <ENT>2.13 </ENT> <ENT>7.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lissodelphis borealis</E> </ENT> <ENT>Northern right whale dolphin </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Neophocaena phocaenoides</E> </ENT> <ENT>Finless porpoise </ENT> <ENT>1.83 </ENT> <ENT>6.0</ENT> </ROW> <ROW> <PRTPAGE P="96"/> <ENT I="03"> <E T="03">Peponocephala electra</E> </ENT> <ENT>Melon-headed whale </ENT> <ENT>2.74 </ENT> <ENT>9.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phocoenoides dalli</E> </ENT> <ENT>Dall's porpoise </ENT> <ENT>2.00 </ENT> <ENT>6.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella longirostris</E> </ENT> <ENT>Spinner dolphin </ENT> <ENT>2.13 </ENT> <ENT>7.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella coeruleoalba</E> </ENT> <ENT>Striped dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella attenuata</E> </ENT> <ENT>Spotted dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Stenella plagiodon</E> </ENT> <ENT>Spotted dolphin </ENT> <ENT>2.29 </ENT> <ENT>7.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Steno bredanensis</E> </ENT> <ENT>Rough-toothed dolphin </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s75,r75,4.2,4.2,4.2,4.2" COLS="6" OPTS="L2,i1"> <BOXHD> <CHED H="1">Species</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Average adult length</CHED> <CHED H="2">In meters</CHED> <CHED H="3">Male</CHED> <CHED H="3">Female</CHED> <CHED H="2">In feet</CHED> <CHED H="3">Male</CHED> <CHED H="3">Female</CHED> </BOXHD> <ROW> <ENT I="11">Group I Pinnipeds:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus gazella</E>**</ENT> <ENT>Antarctic Fur Seal</ENT> <ENT>1.80</ENT> <ENT>1.20</ENT> <ENT>5.9</ENT> <ENT>3.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus tropicalis</E>**</ENT> <ENT>Amsterdam Island Fur Seal</ENT> <ENT>1.80</ENT> <ENT>1.45</ENT> <ENT>5.9</ENT> <ENT>4.75</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus australis</E>**</ENT> <ENT>South American Fur Seal</ENT> <ENT>1.88</ENT> <ENT>1.42</ENT> <ENT>6.2</ENT> <ENT>4.7</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Arctocephalus pusillis</E>**</ENT> <ENT>Cape Fur Seal</ENT> <ENT>2.73</ENT> <ENT>1.83</ENT> <ENT>8.96</ENT> <ENT>6.0</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Callorhinus ursinus</E>**</ENT> <ENT>Northern Fur Seal</ENT> <ENT>2.20</ENT> <ENT>1.45</ENT> <ENT>7.2</ENT> <ENT>4.75</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Eumetopias jubatus</E>**</ENT> <ENT>Steller's Sea Lion</ENT> <ENT>2.86</ENT> <ENT>2.40</ENT> <ENT>9.4</ENT> <ENT>7.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Hydrurga leptonyx</E> </ENT> <ENT>Leopard Seal</ENT> <ENT>2.90</ENT> <ENT>3.30</ENT> <ENT>9.5</ENT> <ENT>10.8</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Mirounga angustirostris</E>**</ENT> <ENT>Northern Elephant Seal</ENT> <ENT>3.96</ENT> <ENT>2.49</ENT> <ENT>13.0</ENT> <ENT>8.2</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Mirounga leonina</E>**</ENT> <ENT>Southern Elephant Seal </ENT> <ENT>4.67</ENT> <ENT>2.50</ENT> <ENT>15.3</ENT> <ENT>8.2</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Odobenus rosmarus</E>**</ENT> <ENT>Walrus</ENT> <ENT>3.15</ENT> <ENT>2.60</ENT> <ENT>10.3</ENT> <ENT>8.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Otaria flavescens</E>**</ENT> <ENT>South American Sea Lion</ENT> <ENT>2.40</ENT> <ENT>2.00</ENT> <ENT>7.9</ENT> <ENT>6.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca caspica</E> </ENT> <ENT>Caspian Seal</ENT> <ENT>1.45</ENT> <ENT>1.40</ENT> <ENT>4.75</ENT> <ENT>4.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca fasciata</E> </ENT> <ENT>Ribbon Seal</ENT> <ENT>1.75</ENT> <ENT>1.68</ENT> <ENT>5.7</ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca larga</E> </ENT> <ENT>Harbor Seal</ENT> <ENT>1.70</ENT> <ENT>1.50</ENT> <ENT>5.6</ENT> <ENT>4.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca vitulina</E> </ENT> <ENT>Habor Seal</ENT> <ENT>1.70</ENT> <ENT>1.50</ENT> <ENT>5.6</ENT> <ENT>4.9</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Zalophus californianus</E> </ENT> <ENT>California Sea Lion</ENT> <ENT>2.24</ENT> <ENT>1.75</ENT> <ENT>7.3</ENT> <ENT>5.7</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Halichoerus grypus</E>**</ENT> <ENT>Grar Seal</ENT> <ENT>2.30</ENT> <ENT>1.95</ENT> <ENT>7.5</ENT> <ENT>6.4</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca sibirica</E> </ENT> <ENT>Baikal Seal</ENT> <ENT>1.70</ENT> <ENT>1.85</ENT> <ENT>5.6</ENT> <ENT>6.1</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca groenlandica</E> </ENT> <ENT>Harp Seal</ENT> <ENT>1.85</ENT> <ENT>1.85</ENT> <ENT>6.1</ENT> <ENT>6.1</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Leptonychotes weddelli</E>**</ENT> <ENT>Weddell Seal</ENT> <ENT>2.90</ENT> <ENT>3.15</ENT> <ENT>9.5</ENT> <ENT>10.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Lobodon carcinophagus</E>**</ENT> <ENT>Crabeater Seal</ENT> <ENT>2.21</ENT> <ENT>2.21</ENT> <ENT>7.3</ENT> <ENT>7.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Ommatophoca rossi</E>**</ENT> <ENT>Ross Seal</ENT> <ENT>1.99</ENT> <ENT>2.13</ENT> <ENT>6.5</ENT> <ENT>7.0</ENT> </ROW> <ROW> <ENT I="11">Group II Pinnipeds:</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Erignathus barbatus</E> </ENT> <ENT>Bearded Seal</ENT> <ENT>2.33</ENT> <ENT>2.33</ENT> <ENT>7.6</ENT> <ENT>7.6</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Phoca hispida</E> </ENT> <ENT>Ringed Seal</ENT> <ENT>1.35</ENT> <ENT>1.30</ENT> <ENT>4.4</ENT> <ENT>4.3</ENT> </ROW> <ROW> <ENT I="03"> <E T="03">Cystophora cristata</E> </ENT> <ENT>Hooded Seal</ENT> <ENT>2.60</ENT> <ENT>2.00</ENT> <ENT>8.5</ENT> <ENT>6.6</ENT> </ROW> <TNOTE> <E T="04">Note.—</E>** 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.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s75,r75,4.2,5.1" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Species</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Average adult length</CHED> <CHED H="2">In meters</CHED> <CHED H="2">In feet</CHED> </BOXHD> <ROW> <ENT I="11">Sirenia:</ENT> </ROW> <ROW> <ENT I="03">Dugong dugong </ENT> <ENT>Dugong </ENT> <ENT>3.35 </ENT> <ENT>11.0</ENT> </ROW> <ROW> <ENT I="03">Trichechus manatus </ENT> <ENT>West Indian Manatee </ENT> <ENT>3.51 </ENT> <ENT>11.5</ENT> </ROW> <ROW> <ENT I="03">Trichechus inunguis </ENT> <ENT>Amazon Manatee </ENT> <ENT>2.44 </ENT> <ENT>8.0</ENT> </ROW> <ROW> <ENT I="11">Mustelidae:</ENT> </ROW> <ROW> <ENT I="03">Enhydra lutris </ENT> <ENT>Sea Otter </ENT> <ENT>1.25 </ENT> <ENT>4.1</ENT> </ROW> </GPOTABLE> (2) <E T="03">The minimum depth requirement</E> for primary enclosure pools for all cetaceans shall be one-half the average adult length of the longest species to <PRTPAGE P="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) <E T="03">Pool volume.</E> 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: <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.010</MID> </MATH> <FP>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:</FP> <MATH DEEP="29" SPAN="2"> <MID>EC14NO91.011</MID> </MATH> <FP>See Table I for required volumes.</FP> (ii) The minimum volume of water required for up to four Group II cetaceans is based upon the following formula: <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.012</MID> </MATH> <FP>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:</FP> <EXTRACT> <CTRHD>Volume=(Average Adult Length)<SU>2</SU>×3.14 × depth</CTRHD> </EXTRACT> <FP>See Table II for required volumes.</FP> (iii) When a mixture of both Group I and Group II cetaceans are housed together, the MHD must be satisfied as stated in § 3.104(b)(1), and the minimum depth must be satisfied as stated in § 3.104(b)(2). Based on these figures, the resulting volume must then be calculated <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.013</MID> </MATH> <FP>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. Theminimum surface area requirements discussed next must also be satisfied.</FP> (4)(i) <E T="03">The minimum surface area</E> requirements for each cetacean housed in a pool, regardless of Group I or Group II classification, are calculated as follows: <MATH DEEP="29" SPAN="2"> <MID>EC14NO91.014</MID> </MATH> <PRTPAGE P="98"/> <FP>In a pool containing more than two Group I cetaceans or more than four Group II cetaceans,<SU>8</SU> the additional surface area which may be required when animals are added must be calculated for each such animal.</FP> (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.<SU>9</SU> 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. <EXTRACT> <FP>———————</FP> <SU>8</SU> 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. <SU>9</SU> Since the MHD represents the diameter of a circle, the surface area based on the MHD is calculated by use of the following formula: </EXTRACT> <MATH DEEP="29" SPAN="1"> <MID>EC14NO91.015</MID> </MATH> <GPOTABLE CDEF="9,9,9,9" COLS="4" OPTS="L2"> <TTITLE> <E T="04">Table IV—Minimum Surface Area Required for Each Cetacean</E> </TTITLE> <BOXHD> <CHED H="1">Average adult length of each cetacean</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Surface area required for each cetacean</CHED> <CHED H="2">Sq. meters <SU>1</SU> </CHED> <CHED H="2">Sq. feet</CHED> </BOXHD> <ROW> <ENT I="01">1.68</ENT> <ENT>5.5</ENT> <ENT>3.31</ENT> <ENT>33.62</ENT> </ROW> <ROW> <ENT I="01">2.13</ENT> <ENT>7.0</ENT> <ENT>5.36</ENT> <ENT>57.70</ENT> </ROW> <ROW> <ENT I="01">2.29</ENT> <ENT>7.5</ENT> <ENT>6.15</ENT> <ENT>66.23</ENT> </ROW> <ROW> <ENT I="01">2.59</ENT> <ENT>8.5</ENT> <ENT>7.90</ENT> <ENT>85.07</ENT> </ROW> <ROW> <ENT I="01">2.74</ENT> <ENT>9.0</ENT> <ENT>8.86</ENT> <ENT>95.38</ENT> </ROW> <ROW> <ENT I="01">3.05</ENT> <ENT>10.0</ENT> <ENT>10.94</ENT> <ENT>117.75</ENT> </ROW> <ROW> <ENT I="01">3.51</ENT> <ENT>11.5</ENT> <ENT>14.47</ENT> <ENT>155.72</ENT> </ROW> <ROW> <ENT I="01">3.66</ENT> <ENT>12.0</ENT> <ENT>15.75</ENT> <ENT>169.56</ENT> </ROW> <ROW> <ENT I="01">4.27</ENT> <ENT>14.0</ENT> <ENT>21.44</ENT> <ENT>230.79</ENT> </ROW> <ROW> <ENT I="01">5.49</ENT> <ENT>18.0</ENT> <ENT>35.44</ENT> <ENT>381.51</ENT> </ROW> <ROW> <ENT I="01">5.64</ENT> <ENT>18.5</ENT> <ENT>37.43</ENT> <ENT>403.00</ENT> </ROW> <ROW> <ENT I="01">5.79</ENT> <ENT>19.0</ENT> <ENT>39.49</ENT> <ENT>425.08</ENT> </ROW> <ROW> <ENT I="01">6.71</ENT> <ENT>22.0</ENT> <ENT>52.94</ENT> <ENT>569.91</ENT> </ROW> <ROW> <ENT I="01">6.86</ENT> <ENT>22.5</ENT> <ENT>55.38</ENT> <ENT>596.11</ENT> </ROW> <ROW> <ENT I="01">7.32</ENT> <ENT>24.0</ENT> <ENT>63.01</ENT> <ENT>678.24</ENT> </ROW> <ROW> <ENT I="01">8.53</ENT> <ENT>28.0</ENT> <ENT>85.76</ENT> <ENT>923.16</ENT> </ROW> <TNOTE> <SU>1</SU> <E T="11">Square meter=square feet/9×0.8361.</E> </TNOTE> </GPOTABLE> (c) <E T="03">Sirenians.</E> 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) <E T="03">Pinnipeds.</E> (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).<PRTPAGE P="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) <E T="03">Group I pinnipeds.</E> 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: <EXTRACT> <FP SOURCE="FP-2">(average adult length)<SU>2</SU> of 1st Group I pinniped+(average adult length)<SU>2</SU> of 2nd Group I pinniped=Total DRA for two pinnipeds</FP> <FP SOURCE="FP1-2">DRA for one pinniped=2×(average adult length of Group I pinniped)<SU>2</SU> </FP> </EXTRACT> (ii) <E T="03">Group II pinnipeds.</E> 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. <FP>Examples: DRA for 1 Group II Pinniped=[(Average adult length)<SU>2</SU>×1.5]+[(Average adult length)<SU>2</SU>×1.4]</FP> <GPOTABLE CDEF="xl50" COLS="1" OPTS="L0,6/7"> <ROW> <ENT I="01">1st pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.5=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">2nd pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.4=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">3rd pinniped (avg. adult length)<SU>1</SU> <E T="11">×</E>1.3=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">4th pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.2=social and DRA required</ENT> </ROW> <ROW> <ENT I="01">5th pinniped (avg. adult length)<SU>2</SU> <E T="11">×</E>1.1=social and DRA required</ENT> </ROW> <ROW RUL="s"> <ENT I="01">Each pinniped over 5 (avg. adult length)<SU>2</SU>=social and DRA required</ENT> </ROW> <ROW> <ENT I="03">Total minimum social activity and dry resting area required for all pinnipeds housed in a primary enclosure.</ENT> </ROW> </GPOTABLE> <FP>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)<SU>2</SU>×1.5]+ [(8.5)<SU>2</SU>×1.4] +[(6.6)<SU>2</SU>×1.3] +[(6.6)<SU>2</SU>×1.2].</FP> <FP>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.</FP> (iii) <E T="03">Mixture of Group I and Group II pinnipeds.</E> 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 <PRTPAGE P="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) <E T="03">Polar bears.</E> 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) <E T="03">Sea otters.</E> (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: <GPOTABLE CDEF="7,7,7,7,7,8" COLS="6" OPTS="L2"> <TTITLE> <E T="04">Table V—Additional Space Required for Each Sea Otter When More Than Two in a Primary Enclosure</E> </TTITLE> <BOXHD> <CHED H="1">Average adult length of sea otter</CHED> <CHED H="2">Meters</CHED> <CHED H="2">Feet</CHED> <CHED H="1">Resting area</CHED> <CHED H="2">Square meters</CHED> <CHED H="2">Square Feet</CHED> <CHED H="1">Pool Volume</CHED> <CHED H="2">Cubic meters</CHED> <CHED H="2">Cubic feet</CHED> </BOXHD> <ROW> <ENT I="01">1.25</ENT> <ENT>4.1</ENT> <ENT>1.96</ENT> <ENT>6.44</ENT> <ENT>2.23</ENT> <ENT>79.17<PRTPAGE P="101"/> </ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[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]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.105</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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° C. (0° 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. </SECTION> <SECTION> <SECTNO>§ 3.106</SECTNO> <SUBJECT>Water quality.</SUBJECT> (a) <E T="03">General.</E> The primary enclosure shall not contain water which would be detrimental to the health of the marine mammal contained therein. (b) <E T="03">Bacterial standards.</E> (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. Rec-ords must be kept documenting the time when all such samples were taken and the results of the sampling. Rec-ords 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.<PRTPAGE P="102"/> (c) <E T="03">Salinity.</E> 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) <E T="03">Filtration and water flow.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.107</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Primary enclosures.</E> (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) <E T="03">Food preparation areas and food receptacles.</E> 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° C., 180° 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.108</SECTNO> <SUBJECT>Employees or attendants.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.109</SECTNO> <SUBJECT>Separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.110</SECTNO> <SUBJECT>Veterinary care.</SUBJECT> (a) Newly acquired marine mammals shall be isolated from resident marine <PRTPAGE P="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 patholog-ic 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 54 FR 36163, Aug. 31, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.111</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SECTION> <SECTNO>§ 3.112</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.113 of the standards: <E T="03">Provided, however,</E> 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 § 3.113 of the standards, unless such primary enclosure is obviously defective or damaged and it is apparent that it <PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 44 FR 63493, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.113</SECTNO> <SUBJECT>Primary enclosures used to transport marine mammals.</SUBJECT> 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 <PRTPAGE P="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: <E T="03">Provided, however,</E> 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 § 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.114</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air and marine).</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.115</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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 § 3.116 of these standards, such marine mammals shall be fed during transit when necessary to provide for their good health and well-being. </SECTION> <SECTION> <SECTNO>§ 3.116</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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. <PRTPAGE P="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. <CITA>[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.117</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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° C. (75° F.) or higher. The air temperature around any marine mammal in any animal holding area shall not be allowed to fall below 7.2<E T="61">°</E> C. (45<E T="61">°</E> F.). The air temperature around any polar bear shall not be allowed to exceed 29.5<E T="61">°</E> C. (85<E T="61">°</E> F.) at any time and no polar bear shall be subjected to surrounding air temperatures which exceed 23.9<E T="61">°</E> C. (75<E T="61">°</E> 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.118</SECTNO> <SUBJECT>Handling.</SUBJECT> (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 <PRTPAGE P="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) <E T="03">Shelter from sunlight.</E> 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° C. (85° F.), and which shall be measured and read in the manner prescribed in § 3.117 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for marine mammals when the outdoor air temperature falls below 10° C. (50° F.) and such marine mammals shall not be subjected to surrounding air temperatures which fall below 7.2° C. (45° F.), and which shall be measured and read in the manner prescribed in § 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 § 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. <CITA>[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">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</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 36 FR 24925, Dec. 24, 1971, unless otherwise noted. Redesignated at 44 FR 36874, July 22, 1979. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Facilities and Operating Standards</HD> <SECTION> <SECTNO>§ 3.125</SECTNO> <SUBJECT>Facilities, general.</SUBJECT> (a) <E T="03">Structural strength.</E> 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) <E T="03">Water and power.</E> 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) <E T="03">Storage.</E> 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) <E T="03">Waste disposal.</E> 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) <E T="03">Washroom and sinks.</E> Facilities, such as washrooms, basins, showers, or sinks, shall be provided to maintain cleanliness among animal caretakers. <CITA>[36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 36874, June 22, 1979, and amended at 44 FR 63492, Nov. 2, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.126</SECTNO> <SUBJECT>Facilities, indoor.</SUBJECT> (a) <E T="03">Ambient temperatures.</E> 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.<PRTPAGE P="109"/> (b) <E T="03">Ventilation.</E> 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) <E T="03">Lighting.</E> 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) <E T="03">Drainage.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.127</SECTNO> <SUBJECT>Facilities, outdoor.</SUBJECT> (a) <E T="03">Shelter from sunlight.</E> 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) <E T="03">Shelter from inclement weather.</E> 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) <E T="03">Drainage.</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.128</SECTNO> <SUBJECT>Space requirements.</SUBJECT> 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. </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Animal Health and Husbandry Standards</HD> <SECTION> <SECTNO>§ 3.129</SECTNO> <SUBJECT>Feeding.</SUBJECT> (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. </SECTION> <SECTION> <SECTNO>§ 3.130</SECTNO> <SUBJECT>Watering.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.131</SECTNO> <SUBJECT>Sanitation.</SUBJECT> (a) <E T="03">Cleaning of enclosures.</E> Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained therein and to minimize disease <PRTPAGE P="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) <E T="03">Sanitation of enclosures.</E> 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) <E T="03">Housekeeping.</E> 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) <E T="03">Pest control.</E> A safe and effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. </SECTION> <SECTION> <SECTNO>§ 3.132</SECTNO> <SUBJECT>Employees.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 3.133</SECTNO> <SUBJECT>Separation.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§§ 3.134—3.135</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Transportation Standards</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 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. </SOURCE> <SECTION> <SECTNO>§ 3.136</SECTNO> <SUBJECT>Consignments to carriers and intermediate handlers.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 § 3.137 of the standards: <E T="03">Provided, however,</E> 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 § 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:<PRTPAGE P="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 §§ 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° C. (45° 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.137</SECTNO> <SUBJECT>Primary enclosures used to transport live animals.</SUBJECT> 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: <E T="03">Provided, however,</E> 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 <PRTPAGE P="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: <E T="03">Provided, however,</E> 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 § 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. <CITA>[42 FR 31569, June 21, 1977, as amended at 43 FR 21166, May 16, 1978. Redesignated at 44 FR 36874, July 22, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.138</SECTNO> <SUBJECT>Primary conveyances (motor vehicle, rail, air, and marine).</SUBJECT> (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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.139</SECTNO> <SUBJECT>Food and water requirements.</SUBJECT> (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: <E T="03">Provided, however,</E> 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. </SECTION> <SECTION> <SECTNO>§ 3.140</SECTNO> <SUBJECT>Care in transit.</SUBJECT> (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: <E T="03">Provided, however,</E> 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 <PRTPAGE P="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. </SECTION> <SECTION> <SECTNO>§ 3.141</SECTNO> <SUBJECT>Terminal facilities.</SUBJECT> 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 § 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°C. (75.°F.) or higher. The air temperature around any live animal in any animal holding area shall not be allowed to fall below 7.2°C. (45°F.) nor be allowed to exceed 29.5°C. (85°F.) at any time: <E T="03">Provided, however,</E> That no live animal shall be subjected to surrounding air temperatures which exceed 23.9°C. (75°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. <CITA>[43 FR 56217, Dec. 1, 1978. Redesignated at 44 FR 36874, July 22, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.142</SECTNO> <SUBJECT>Handling.</SUBJECT> (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) <E T="03">Shelter from sunlight.</E> 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°C. (85°F.), and which shall be measured and read in the manner prescribed in § 3.141 of this part, for a period of more than 45 minutes. (2) <E T="03">Shelter from rain or snow.</E> Live animals shall be provided protection to allow them to remain dry during rain or snow. (3) <E T="03">Shelter from cold weather.</E> Transporting devices shall be covered to provide protection for live animals when the outdoor air temperature falls below 10°C. (50°F.) and such live animals shall not be subjected to surrounding air temperatures which fall below 7.2°C. (45°F.), and which shall be measured and read in the manner prescribed in § 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 § 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 <PRTPAGE P="115"/>tossed, dropped, or needlessly tilted and shall not be stacked in a manner which may reasonably be expected to result in their falling. <CITA>[43 FR 21167, May 16, 1978, as amended at 43 FR 56217, Dec. 1, 1978. Redesignated at 44 FR 36874, July 22, 1979]</CITA> </SECTION> </SUBJGRP> </SUBPART> </PART> <PART> <EAR>Pt. 4</EAR> <HD SOURCE="HED">PART 4—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL WELFARE ACT</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>4.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>4.10</SECTNO> <SUBJECT>Summary action.</SUBJECT> <SECTNO>4.11</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 80 Stat. 353; 7 U.S.C. 2151. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 42 FR 10959, Feb. 25, 1977, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 4.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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. </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 4.10</SECTNO> <SUBJECT>Summary action.</SUBJECT> (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 § 4.10(b), upon written notification given to such person of the suspension of his license pursuant to § 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 § 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. </SECTION> <SECTION> <SECTNO>§ 4.11</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (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. </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 11</EAR> <HD SOURCE="HED">PART 11—HORSE PROTECTION REGULATIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>11.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>11.2</SECTNO> <SUBJECT>Prohibitions concerning exhibitors.</SUBJECT> <SECTNO>11.3</SECTNO> <SUBJECT>Scar rule.<PRTPAGE P="116"/> </SUBJECT> <SECTNO>11.4</SECTNO> <SUBJECT>Inspection and detention of horses.</SUBJECT> <SECTNO>11.5</SECTNO> <SUBJECT>Access to premises and records.</SUBJECT> <SECTNO>11.6</SECTNO> <SUBJECT>Inspection space and facility requirements.</SUBJECT> <SECTNO>11.7</SECTNO> <SUBJECT>Certification and licensing of designated qualified persons (DQP's).</SUBJECT> <SECTNO>11.20</SECTNO> <SUBJECT>Responsibilities and liabilities of managment.</SUBJECT> <SECTNO>11.21</SECTNO> <SUBJECT>Inspection procedures for designated qualified persons (DQP's).</SUBJECT> <SECTNO>11.22</SECTNO> <SUBJECT>Records required and disposition thereof.</SUBJECT> <SECTNO>11.23</SECTNO> <SUBJECT>Inspection of records.</SUBJECT> <SECTNO>11.24</SECTNO> <SUBJECT>Reporting by management.</SUBJECT> <SECTNO>11.40</SECTNO> <SUBJECT>Prohibitions and requirements concerning persons involved in transportation of certain horses.</SUBJECT> <SECTNO>11.41</SECTNO> <SUBJECT>Reporting required of horse industry organizations or associations.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 15 U.S.C. 1823, 1824, 1825, and 1828; 44 U.S.C. 3506. </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 44 FR 25179, Apr. 27, 1979, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 11.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> 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.” <E T="03">Act</E> 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 <E T="03">et seq</E>., and any legislation amendatory thereof. <E T="03">Action Device</E> 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. <E T="03">Administrator</E> means the Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service (APHIS)</E> means the Animal and Plant Health Inspection Service of the United States Department of Agriculture. <E T="03">APHIS representative</E> 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. <E T="03">APHIS Show Veterinarian</E> 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. <E T="03">Department</E> means the United States Department of Agriculture. <E T="03">Designated Qualified Person</E> or <E T="03">DQP</E> means a person meeting the requirements specified in § 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. <E T="03">Exhibitor</E> 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 <PRTPAGE P="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. <E T="03">Horse</E> means any member of the species <E T="03">Equus caballus.</E> <E T="03">Horse Exhibition</E> 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. <E T="03">Horse Industry Organization or Association</E> 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. <E T="03">Horse Sale or Horse Auction</E> 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. <E T="03">Horse Show</E> means a public display of any horses, in competition, except events where speed is the prime factor, rodeo events, parades, or trail rides. <E T="03">Inspection</E> 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. <E T="03">Lubricant</E> 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. <E T="03">Management</E> 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. <E T="03">Person</E> means any individual, corporation, company, association, firm, partnership, society, organization, joint stock company, or other legal entity. <E T="03">Secretary</E> means the Secretary of Agriculture or anyone who has heretofore or may hereafter be delegated authority to act in his stead. <E T="03">Sector Supervisor</E> 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.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <E T="03">Show Manager</E> 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. <E T="03">Sore</E> 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 <PRTPAGE P="118"/>horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment was given. <E T="03">Sponsoring Organization</E> means any person under whose immediate auspices and responsibility a horse show, horse exhibition, horse sale, or horse auction is conducted. <E T="03">State</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.2</SECTNO> <SUBJECT>Prohibitions concerning exhibitors.</SUBJECT> (a) <E T="03">General prohibitions.</E> 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) <E T="03">Specific prohibitions.</E> 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 <FR>3/4</FR> inch in length. That portion of caulk at the rear of a horseshoe in excess of <FR>3/4</FR> 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 <PRTPAGE P="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<FR>1/2</FR> 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.<SU>2</SU> <FTREF/> <FTNT> <SU>2</SU> 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: <E T="03">Provided,</E> That such metal bar(s) do not act as a single fulcrum point so as to affect the balance of the horse. </FTNT> (15) Metal hoof bands, such as used to anchor or strengthen pads and shoes, placed less than <FR>1/2</FR> 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) <E T="03">Substances.</E> 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: <E T="03">Provided,</E> 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) <E T="03">Competition restrictions—2 Year-Old Horses.</E> 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) <E T="03">Information requirements—horse related.</E> 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 <PRTPAGE P="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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.3</SECTNO> <SUBJECT>Scar rule.</SUBJECT> 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,<SU>5</SU> <FTREF/> other bilateral pathological evidence of inflammation, and, other bilateral evidence of abuse indicative of soring including, but not limited to, excessive loss of hair. <FTNT> <E T="51">3-4</E>[Reserved] <E T="51">5</E> 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. </FTNT> (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. <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 53 FR 14782, Apr. 26, 1988, 53 FR 28373, July 28, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.4</SECTNO> <SUBJECT>Inspection and detention of horses.</SUBJECT> 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 <PRTPAGE P="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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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<PRTPAGE P="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] <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.5</SECTNO> <SUBJECT>Access to premises and records.</SUBJECT> Requirements regarding access to premises for inspection of horses and records are as follows: (a) <E T="03">Management.</E> (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) <E T="03">Exhibitors.</E> (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. <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.6</SECTNO> <SUBJECT>Inspection space and facility requirements.</SUBJECT> 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, <PRTPAGE P="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. <CITA>[44 FR 25181, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.7</SECTNO> <SUBJECT>Certification and licensing of designated qualified persons (DQP's).</SUBJECT> (a) <E T="03">Basic qualifications of DQP applicants.</E> 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) <E T="03">Certification requirements for DQP programs.</E> 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 <SU>6</SU> <FTREF/> 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: <FTNT> <SU>6</SU> Animal and Plant Health Inspection Service, Regulatory Enforcement and Animal Care, Animal Care, 4700 River Road, Unit 84, Riverdale, Maryland 20737-1234. </FTNT> (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 <PRTPAGE P="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.<SU>6</SU> (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 <SU>6</SU> 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.<SU>6</SU> (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.<SU>6</SU> Notification of the actual date, time, duration, subject matter, and geographic location of such clinics or seminars must be sent to the Administrator <SU>6</SU> 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. <FP>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 <E T="04">Federal Register</E> at least once each year, and <PRTPAGE P="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.</FP> (c) <E T="03">Licensing of DQP's.</E> 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 <SU>6</SU> <FTREF/> 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; <FTNT> <SU>6</SU> See footnote 6 to this section. </FTNT> (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) <E T="03">Requirements to be met by DQP's and Licensing Organizations or Associations.</E> (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.<PRTPAGE P="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. <FP>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.</FP> (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 rec-ords 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 <PRTPAGE P="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) <E T="03">Prohibition of appointment of certain persons to perform duties under the Act.</E> 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,<SU>7</SU> <FTREF/> 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. <FTNT> <SU>7</SU> 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 <E T="03">et seq.</E>) </FTNT> (f) <E T="03">Cancellation of DQP license.</E> (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 § 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,<SU>7</SU> 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) <E T="03">Revocation of DQP program certification of horse industry organizations or associations.</E> 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 <PRTPAGE P="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<SU>6</SU> in writing within 30 days after the date of such revocation and, if requested, shall be afforded an opportunity for a hearing.<SU>7</SU> <FTREF/> 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. <FTNT> <E T="51">6-7</E> See previous footnotes 6 and 7. </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.20</SECTNO> <SUBJECT>Responsibilities and liabilities of management.</SUBJECT> (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.<SU>8</SU> <FTREF/> However, management should immediately notify, in writing, the Department <SU>6</SU> <FTREF/> 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 <PRTPAGE P="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. <FTNT> <SU>8</SU> The duration of the show, exhibition, or sale or auction. </FTNT> (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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.21</SECTNO> <SUBJECT>Inspection procedures for designated qualified persons (DQP's).</SUBJECT> (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 § 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 § 11.2(a) through § 11.2(c) of this part. All action devices, <PRTPAGE P="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 § 11.20(b)(3) of this part. <CITA>[55 FR 41993, Oct. 17, 1990; as amended at 56 FR 13750, Apr. 4, 1991; 57 FR 62175, Dec. 30, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.22</SECTNO> <SUBJECT>Records required and disposition thereof.</SUBJECT> (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 § 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 rec-ords required in this section. (c) The management of any horse show, horse exhibition, or horse sale or <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control numbers 0579-0056, and 0579-0058)</APPRO> <EXTRACT> <FP>(44 U.S.C. 3506)</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.23</SECTNO> <SUBJECT>Inspection of records.</SUBJECT> (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 rec-ords 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. <CITA>[44 FR 25179, Apr. 27, 1979. Redesignated at 55 FR 41993, Oct. 17, 1990, as amended at 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.24</SECTNO> <SUBJECT>Reporting by management.</SUBJECT> (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<SU>1</SU> <FTREF/> for the State in which the show, exhibition, sale or auction was held, the information required by § 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. <FTNT> <SU>1</SU> See footnote 1 to § 11.1. </FTNT> (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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.40</SECTNO> <SUBJECT>Prohibitions and requirements concerning persons involved in transportation of certain horses.</SUBJECT> (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 § 11.4 of the regulations and shall furnish to any APHIS representatives upon his request the following information:<PRTPAGE P="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] <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 56 FR 13750, Apr. 4, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 11.41</SECTNO> <SUBJECT>Reporting required of horse industry organizations or associations.</SUBJECT> 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<SU>6</SU> <FTREF/> 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<SU>6</SU> 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. <FTNT> <SU>6</SU> See footnote 6 to § 11.7. </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0056)</APPRO> <CITA>[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 12</EAR> <HD SOURCE="HED">PART 12—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE HORSE PROTECTION ACT</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>12.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>12.10</SECTNO> <SUBJECT>Stipulations. </SUBJECT> </SUBPART> </CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 12.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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. <EXTRACT> <FP>(84 Stat. 1406; 15 U.S.C. 1828)</FP> </EXTRACT> <CITA>[42 FR 10959, Feb. 25, 1977]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 12.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (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 <PRTPAGE P="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. <EXTRACT> <FP>(84 Stat. 1406; 15 U.S.C. 1828)</FP> </EXTRACT> <CITA>[42 FR 10960, Feb. 25, 1977]</CITA> </SECTION> </SUBPART> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="134"/> <HD SOURCE="HED">SUBCHAPTER B—COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES</HD> <PART> <EAR>Pt. 49</EAR> <HD SOURCE="HED">PART 49—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>49.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>49.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 48 FR 30094, June 30, 1983, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 49.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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: <EXTRACT> 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). </EXTRACT> <FP>In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such proceedings.</FP> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 49.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 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. </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 50</EAR> <HD SOURCE="HED">PART 50—ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>50.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>50.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> <SECTNO>50.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> <SECTNO>50.4</SECTNO> <SUBJECT>Determination of existence of or exposure to tuberculosis.</SUBJECT> <SECTNO>50.5</SECTNO> <SUBJECT>Record of tests.</SUBJECT> <SECTNO>50.6</SECTNO> <SUBJECT>Identification of animals to be destroyed because of tuberculosis.</SUBJECT> <SECTNO>50.7</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> <SECTNO>50.8</SECTNO> <SUBJECT>Payment of expenses for transporting and disposing of affected and exposed animals.</SUBJECT> <SECTNO>50.9</SECTNO> <SUBJECT>Appraisals.</SUBJECT> <SECTNO>50.10</SECTNO> <SUBJECT>Report of appraisals.</SUBJECT> <SECTNO>50.11</SECTNO> <SUBJECT>Report of salvage proceeds.</SUBJECT> <SECTNO>50.12</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> <SECTNO>50.13</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> <SECTNO>50.14</SECTNO> <SUBJECT>Claims not allowed.<PRTPAGE P="135"/> </SUBJECT> <SECTNO>50.15</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> <SECTNO>50.16</SECTNO> <SUBJECT>Certain cattle on the Island of Molokai in Hawaii.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 40 FR 27009, June 26, 1975, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 50.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> For the purposes of this part, the following terms shall be construed, respectively, to mean: <E T="03">Accredited veterinarian:</E> 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. <E T="03">Administrator:</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service:</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). <E T="03">APHIS representative:</E> A veterinarian or other person employed by APHIS in animal health activities, who is authorized to perform the function involved. <E T="03">Approved herd plan.</E> 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. <E T="03">Cervid</E>. 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. <E T="03">Department:</E> The United States Department of Agriculture. <E T="03">Designated epidemiologist</E>. 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.” <E T="03">Destroyed:</E> Condemned under State authority and destroyed by slaughter or by death otherwise. <E T="03">Herd</E>. 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. <E T="03">Herd depopulation</E>. 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. <E T="03">Livestock</E>. 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. <E T="03">Mortgage:</E> Any mortgage, lien or other security or interest that is recorded under State law or identified in the indemnity claim form filed under § 50.12 and held by any person other than the one claiming indemnity. <E T="03">Owner:</E> Any person who has a legal or rightful title to livestock whether or not they are subject to a mortgage. <E T="03">Permit:</E> 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; <E T="03">Provided, however,</E> a permit for movement to a quarantined feedlot pursuant to § 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. <E T="03">Person:</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or any organized group of any of the foregoing. <E T="03">Quarantined feedlot:</E> 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 <PRTPAGE P="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. <E T="03">Reactor cattle, bison, and cervids</E>. 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. <E T="03">Registered cattle, bison, or cervids</E>. 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. <E T="03">State:</E> Any State, territory, the District of Columbia, or Puerto Rico. <E T="03">Tuberculosis:</E> The contagious, infectious, and communicable disease caused by <E T="03">Mycobacterium bovis.</E> <E T="03">Veterinarian in Charge:</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> (a) <E T="03">Affected cattle, bison, and cervids.</E> 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) <E T="03">Herd depopulation—cattle, bison, and cervids.</E> 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) <E T="03">Exposed cattle, bison, and cervids</E>. 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 § 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) <E T="03">Exposed swine.</E> 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 § 50.3(b); but, the joint State-Federal indemnity payments, plus salvage, must not exceed the appraised value of each animal. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="137"/> <SECTNO>§ 50.4</SECTNO> <SUBJECT>Determination of existence of or exposure to tuberculosis.</SUBJECT> (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: <E T="03">Provided,</E> That cattle, bison, and cervids classified as exposed to tuberculosis shall be removed direct to slaughter. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.5</SECTNO> <SUBJECT>Record of tests.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.6</SECTNO> <SUBJECT>Identification of animals to be destroyed because of tuberculosis.</SUBJECT> 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) <E T="03">Reactor cattle and bison.</E> 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) <E T="03">Exposed cattle and bison.</E> 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) <E T="03">Exposed swine.</E> Swine destroyed under the provisions of § 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 <PRTPAGE P="138"/>be accompanied to the place of destruction by an APHIS or State representative: <E T="03">Provided, however,</E> 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) <E T="03">Reactor cervids</E>. 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) <E T="03">Exposed cervids</E>. 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.7</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> (a) <E T="03">Slaughter or disposal.</E> 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) <E T="03">Time limit for destruction of animals.</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.8</SECTNO> <SUBJECT>Payment of expenses for transporting and disposing of affected and exposed animals.</SUBJECT> 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; <E T="03">Provided that,</E> 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 <PRTPAGE P="139"/>similar services provided by a commercial hauler or renderer. <CITA>[62 FR 49592, Sept. 23, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.9</SECTNO> <SUBJECT>Appraisals.</SUBJECT> Cattle, bison, cervids, or swine to be destroyed because of tuberculosis under § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.10</SECTNO> <SUBJECT>Report of appraisals.</SUBJECT> Appraisals of cattle, bison, cervids, and swine made in accordance with § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.11</SECTNO> <SUBJECT>Report of salvage proceeds.</SUBJECT> 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 § 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0001)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.12</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.13</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> 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. <CITA>[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 60 FR 37809, July 24, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.14</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> 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: <E T="03">Provided, however,</E> That cattle, bison, and cervids destroyed because of tuberculosis under § 50.3(b) and § 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 <PRTPAGE P="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 § 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 § 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 § 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.15</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> 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. <CITA>[40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 50.16</SECTNO> <SUBJECT>Certain cattle on the Island of Molokai in Hawaii.</SUBJECT> (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, <E T="03">except that:</E> 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, <E T="03">Provided, however,</E> 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 <SU>1</SU> <FTREF/> 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 <PRTPAGE P="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; <FTNT> <SU>1</SU> 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.) </FTNT> (4) The purchaser of the exposed cattle has entered into a compliance agreement <SU>1</SU> 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. <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 51</EAR> <HD SOURCE="HED">PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>51.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>51.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> <SECTNO>51.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> <SECTNO>51.4</SECTNO> <SUBJECT>Record of tests.</SUBJECT> <SECTNO>51.5</SECTNO> <SUBJECT>Identification of animals to be destroyed because of brucellosis.</SUBJECT> <SECTNO>51.6</SECTNO> <SUBJECT>Destruction of animals; time limit for destruction of animals.</SUBJECT> <SECTNO>51.7</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> <SECTNO>51.8</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> <SECTNO>51.9</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> <SECTNO>51.10</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 134b; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SECTION> <SECTNO>§ 51.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> For the purposes of this part, the following terms shall be construed, respectively, to mean: <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">Animals.</E> Cattle, bison, and breeding swine. <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Brucellosis exposed animal.</E> 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. <E T="03">Brucellosis reactor animal.</E> Any animal classified as a brucellosis reactor as provided in the definition of official test in § 78.1 of this chapter. <E T="03">Claimant.</E> A person who files a claim for indemnity under § 51.7 for animals destroyed under this part. <E T="03">Condemn.</E> 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. <E T="03">Dairy cattle.</E> 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.<PRTPAGE P="143"/> <E T="03">Destroyed.</E> Condemned under State authority and slaughtered or otherwise dies. <E T="03">Herd.</E> 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. <E T="03">Herd Depopulation.</E> 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. <E T="03">Herd known to be affected.</E> Any herd in which any animal has been classified as a brucellosis reactor and which has not been released from quarantine. <E T="03">Inbred or hybrid swine.</E> 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. <E T="03">Mortgage.</E> Any mortgage, lien, or other security or interest that is recorded under State law or identified in the indemnity claim form filed under § 51.7 and held by any person other than the one claiming indemnity. <E T="03">Official seal.</E> 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. <E T="03">Owner.</E> Any person who has a legal or rightful title to animals whether or not they are subject to a mortgage. <E T="03">Permit.</E> 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. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other legal entity. <E T="03">Recognized slaughtering establishment.</E> Any slaughtering establishment operating under the Meat Inspection Act (21 U.S.C. 601-695) or a State meat inspection act.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <E T="03">Registered breed association.</E> An association formed and perpetuated for the maintenance of records of pure-breeding 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, <PRTPAGE P="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<SU>3</SU> 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. <E T="03">Registered cattle.</E> 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. <E T="03">Registered swine.</E> Any breeding swine for which a certificate of pure breeding has been issued by a purebred swine association. <E T="03">Sexually intact exposed female calf.</E> 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. <E T="03">Specifically approved stockyard.</E> Premises approved by the Administrator, in accordance with § 71.20 of this chapter, for assembling cattle or bison for sale.<SU>2</SU> <FTREF/> <FTNT> <SU>2</SU> Notices containing lists of specifically approved stockyards are published in the <E T="04">Federal Register</E>. Lists of specifically approved stockyards also may be obtained from the State animal health official, State representatives, or APHIS representatives. </FTNT> <E T="03">State.</E> 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. <E T="03">State animal health official.</E> The individual employed by a State who is responsible for livestock and poultry disease control and eradication programs in that State. <E T="03">State representative.</E> 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. <E T="03">Unofficial vaccinate.</E> Any cattle or bison which have been vaccinated for brucellosis other than in accordance with the provisions for official vaccinates set forth in § 78.1 of this chapter. <E T="03">Veterinarian in Charge.</E> 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. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[42 FR 64336, Dec. 23, 1977] <PRTPAGE P="145"/> </CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> For Federal Register citations affecting § 51.1, see the List of CFR Sections Affected in the Finding Aids section of this volume. </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 51.2</SECTNO> <SUBJECT>Cooperation with States.</SUBJECT> 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. <CITA>[42 FR 64336, Dec. 23, 1977, as amended at 54 FR 32435, Aug. 8, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.3</SECTNO> <SUBJECT>Payment to owners for animals destroyed.</SUBJECT> (a) <E T="03">Cattle and bison.</E> The Administrator may authorize <SU>3</SU> 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) <E T="03">Brucellosis reactor cattle and bison.</E> The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the veterinarian in charge. (2) <E T="03">Herd depopulation.</E> (i) <E T="03">Eligibility.</E> The Administrator may authorize payment of Federal indemnity <SU>3</SU> <FTREF/> 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 <SU>4</SU> <FTREF/> must be furnished to the Veterinarian in Charge prior to payment of Federal indemnity. <FTNT> <SU>3</SU> The Administrator shall authorize payment of Federal indemnity by the United States Department of Agriculture at the maximum per head rates in § 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. </FTNT> <FTNT> <SU>4</SU> 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. </FTNT> (ii) <E T="03">Amount of Federal indemnity.</E> 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) <E T="03">Exposed female calves.</E> The Administrator may authorize <SU>3</SU> the payment of Federal indemnity to any owner whose <E T="03">exposed female calf or calves</E> are destroyed because of brucellosis. The indemnity for such animals shall not exceed $50 per head. Except for sexually <PRTPAGE P="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) <E T="03">Cattle or bison from a brucellosis-affected herd</E>. The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the veterinarian in charge. (b) <E T="03">Swine.</E> (1) <E T="03">Brucellosis reactor swine.</E> The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the Veterinarian in Charge. (2) <E T="03">Herd depopulation.</E> The Administrator may authorize <SU>3</SU> 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 <SU>4</SU> shall be furnished to the Veterinarian in Charge. (3) <E T="03">Exposed swine.</E> The Administrator may authorize <SU>3</SU> 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 <PRTPAGE P="147"/>Eradication Program. Prior to payment of indemnity, proof of destruction <SU>4</SU> shall be furnished to the Veterinarian in Charge. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.4</SECTNO> <SUBJECT>Record of tests.</SUBJECT> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.5</SECTNO> <SUBJECT>Identification of animals to be destroyed because of brucellosis.</SUBJECT> (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 § 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 <PRTPAGE P="148"/>specific cases, attached to the left ear of each animal. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.6</SECTNO> <SUBJECT>Destruction of animals; time limit for destruction of animals.</SUBJECT> (a) <E T="03">Cattle.</E> 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) <E T="03">Bison.</E> 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, <E T="03">Provided, However,</E> 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) <E T="03">Swine.</E> 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; <SU>5</SU> <FTREF/> except that in the case of indemnity for whole herd depopulation, as provided for in § 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. <FTNT> <SU>5</SU> Markets are approved by the Administrator in accordance with § 76.18 of this chapter. </FTNT> (d) <E T="03">Time limit for destruction of animals.</E> 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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.7</SECTNO> <SUBJECT>Claims for indemnity.</SUBJECT> (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 <PRTPAGE P="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 § 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.8</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.9</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> 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 <PRTPAGE P="150"/>the results of an official test, as defined in § 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 § 78.1 of this chapter) was not in effect at the time the claim was filed. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0047)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 51.10</SECTNO> <SUBJECT>Part 53 of this chapter not applicable.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> </PART> <PART> <RESERVED>PART 52 [RESERVED]</RESERVED> </PART> <PART> <EAR>Pt. 53</EAR> <HD SOURCE="HED">PART 53—FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>53.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>53.2</SECTNO> <SUBJECT>Determination of existence of disease; agreements with States.</SUBJECT> <SECTNO>53.3</SECTNO> <SUBJECT>Appraisal of animals or materials.</SUBJECT> <SECTNO>53.4</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> <SECTNO>53.5</SECTNO> <SUBJECT>Disinfection or destruction of materials.</SUBJECT> <SECTNO>53.6</SECTNO> <SUBJECT>Disinfection of animals.</SUBJECT> <SECTNO>53.7</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> <SECTNO>53.8</SECTNO> <SUBJECT>Presentation of claims.</SUBJECT> <SECTNO>53.9</SECTNO> <SUBJECT>Mortgage against animals or materials.</SUBJECT> <SECTNO>53.10</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111, 114, 114a; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <CROSSREF> <HD SOURCE="HED">Cross Reference:</HD> For non-applicability of part 53 with respect to certain claims for indemnity, see § 51.10 of this chapter. </CROSSREF> <SECTION> <PRTPAGE P="151"/> <SECTNO>§ 53.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). <E T="03">Animals.</E> Livestock, poultry, and all other members of the animal kingdom, including birds whether domesticated or wild, but not including man. <E T="03">APHIS employee.</E> 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. <E T="03">Bird.</E> Any member of the class <E T="03">aves</E> other than poultry. <E T="03">Department.</E> The United States Department of Agriculture. <E T="03">Disease.</E> 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. <E T="03">Exotic Newcastle Disease (END).</E> Any velogenic Newcastle disease. Exotic Newcastle disease is an acute, rapidly spreading, and usually fatal viral disease of birds and poultry. <E T="03">Highly pathogenic avian influenza.</E> (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. <E T="03">Inspector in charge.</E> An APHIS employee who is designated by the Administrator to take charge of work in connection with the control and eradication of disease. <E T="03">Materials.</E> 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. <E T="03">Mortgage.</E> Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity. <E T="03">Pet bird.</E> Any bird that is kept for personal pleasure and is not for sale. <E T="03">Poultry.</E> Chickens, ducks, geese, swans, turkeys, pigeons, doves, pheasants, grouse, partridges, quail, guinea fowl, and pea fowl. <E T="03">Secretary.</E> 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. <E T="03">State.</E> 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. <CITA>[61 FR 56882, Nov. 5, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.2</SECTNO> <SUBJECT>Determination of existence of disease; agreements with States.</SUBJECT> (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 § 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: <PRTPAGE P="152"/> <E T="03">Provided, however,</E> 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: <E T="03">Provided, further,</E> 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,<SU>1</SU> <FTREF/> as constituting a threat to the poultry industry of the United States: <E T="03">And provided further,</E> That the Secretary may authorize other arrangements for the payment of such expenses upon finding that an extraordinary emergency exists. <FTNT> <SU>1</SU> Agreements between the Departments and the particular State involved relating to cooperative animal (including poultry) disease prevention, control, and eradication. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.3</SECTNO> <SUBJECT>Appraisal of animals or materials.</SUBJECT> (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. <EXTRACT> <FP>(21 U.S.C. 112, 113, 115, 117, 120, 121, 134b) </FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.4</SECTNO> <SUBJECT>Destruction of animals.</SUBJECT> (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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.5</SECTNO> <SUBJECT>Disinfection or destruction of materials.</SUBJECT> (a) In order to prevent the spread of disease, materials contaminated by or exposed to disease shall be disinfected: <E T="03">Provided, however,</E> 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 § 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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.6</SECTNO> <SUBJECT>Disinfection of animals.</SUBJECT> Animals of species not susceptible to the disease for which a quarantine has been established, but which have been <PRTPAGE P="153"/>exposed to the disease, shall be disinfected when necessary by such methods as the Administrator shall prescribe from time to time. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.7</SECTNO> <SUBJECT>Disinfection of premises, conveyances, and materials.</SUBJECT> 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 § 53.2 with the State in which the work is done. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.8</SECTNO> <SUBJECT>Presentation of claims.</SUBJECT> 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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.9</SECTNO> <SUBJECT>Mortgage against animals or materials.</SUBJECT> 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. <CITA>[28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 53.10</SECTNO> <SUBJECT>Claims not allowed.</SUBJECT> (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. <CITA>[28 FR 5935, June 13, 1963, as amended at 45 FR 86411, Dec. 31, 1980; 56 FR 51974]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 54</EAR> <HD SOURCE="HED">PART 54—CONTROL OF SCRAPIE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>54.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A [Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Voluntary Scrapie Flock Certification Program</HD> <SECTNO>54.10</SECTNO> <SUBJECT>Administration.</SUBJECT> <SECTNO>54.11</SECTNO> <SUBJECT>Participation.</SUBJECT> <SECTNO>54.12</SECTNO> <SUBJECT>State Scrapie Certification Boards.</SUBJECT> <SECTNO>54.13</SECTNO> <SUBJECT>Cooperative agreements with States.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111, 114, 114a, and 134a-134h; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5936, June 13, 1963, unless otherwise noted. </SOURCE> <EDNOTE> <PRTPAGE P="154"/> <HD SOURCE="HED">Editorial Note:</HD> For nomenclature changes, see 53 FR 2581, Jan. 29, 1988. </EDNOTE> <SECTION> <SECTNO>§ 54.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> For the purpose of this part, the following words, names, and terms shall be construed, respectively, to mean: <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator</E>. 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. <E T="03">Affected animal.</E> An animal for which a diagnosis of scrapie has been made by an APHIS representative or State representative. <E T="03">Animal.</E> A sheep or goat. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service, United States Department of Agriculture. <E T="03">APHIS.</E> The Animal and Plant Health Inspection Service, United States Department of Agriculture. <E T="03">APHIS representative.</E> An individual employed by APHIS in animal health activities who is authorized by the Administrator to perform the function involved. <E T="03">Area Veterinarian in Charge.</E> 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. <E T="03">Bloodline animal.</E> 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. <E T="03">Breed association and registries.</E> 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. <E T="03">Department.</E> The U.S. Department of Agriculture. <E T="03">Destroyed.</E> Killed by slaughter or by such other means as may be authorized by the Administrator in an exceptional situation. <E T="03">Exposed animal.</E> 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). <E T="03">Flock.</E> 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. <E T="03">Flock plan.</E> 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. <E T="03">High-risk animal.</E> An animal which is: (1) The progeny of a scrapie-positive dam;<PRTPAGE P="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. <E T="03">Infected flock.</E> 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. <E T="03">Mortgage.</E> Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. <E T="03">Owner.</E> A person, partnership, company, or corporation who has legal or rightful title to animals whether or not they are subject to a mortgage. <E T="03">Scrapie-positive animal.</E> 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. <E T="03">Source flock.</E> 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. <E T="03">State.</E> Any State or Territory or possession of the United States, the District of Columbia, or Puerto Rico. <E T="03">State representative.</E> 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. <E T="03">Trace flock.</E> 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. <E T="03">Uniform methods and rules—voluntary scrapie flock certification.</E> Uniform methods and rules for reducing the incidence and controlling the spread of scrapie through flock certification.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <CITA>[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]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A [Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Voluntary Scrapie Flock Certification Program</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> 57 FR 33631, July 30, 1992, unless otherwise noted. </SOURCE> <SECTION> <PRTPAGE P="156"/> <SECTNO>§ 54.10</SECTNO> <SUBJECT>Administration.</SUBJECT> (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.” </SECTION> <SECTION> <SECTNO>§ 54.11</SECTNO> <SUBJECT>Participation.</SUBJECT> 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 <E T="04">Federal Register</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0101)</APPRO> <CITA>[57 FR 33631, July 30, 1992, as amended at 59 FR 67612, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 54.12</SECTNO> <SUBJECT>State Scrapie Certification Boards.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 54.13</SECTNO> <SUBJECT>Cooperative agreements with States.</SUBJECT> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0101)</APPRO> </SECTION> </SUBPART> </PART> <PART> <RESERVED>PARTS 55-56 [RESERVED]</RESERVED> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="157"/> <HD SOURCE="HED">SUBCHAPTER C—INTERSTATE TRANSPORTATION OF ANIMALS (INCLUDING POULTRY) AND ANIMAL PRODUCTS</HD> <PART> <EAR>Pt. 70</EAR> <HD SOURCE="HED">PART 70—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>70.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>70.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 48 FR 30094, June 30, 1983, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 70.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> 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: <EXTRACT> 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). </EXTRACT> <FP>In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such proceedings.</FP> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 70.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 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. </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 71</EAR> <HD SOURCE="HED">PART 71—GENERAL PROVISIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>71.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>71.2</SECTNO> <SUBJECT>Secretary to issue rule governing quarantine and interstate movement of diseased animals, including poultry.</SUBJECT> <SECTNO>71.3</SECTNO> <SUBJECT>Interstate movement of diseased animals and poultry generally prohibited.</SUBJECT> <SECTNO>71.4</SECTNO> <SUBJECT>Maintenance of certain facilities and premises in a sanitary condition required; cleaning and disinfection, when required; animals classed as “exposed.”</SUBJECT> <SECTNO>71.5</SECTNO> <SUBJECT>Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted.</SUBJECT> <SECTNO>71.6</SECTNO> <SUBJECT>Carrier responsible for cleaning and disinfecting of railroad cars, trucks, boats, aircraft or other means of conveyance.</SUBJECT> <SECTNO>71.7</SECTNO> <SUBJECT>Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting.</SUBJECT> <SECTNO>71.10</SECTNO> <SUBJECT>Permitted disinfectants.</SUBJECT> <SECTNO>71.11</SECTNO> <SUBJECT>Cresylic disinfectant as permitted disinfectant; specifications.<PRTPAGE P="158"/> </SUBJECT> <SECTNO>71.12</SECTNO> <SUBJECT>Sodium orthophenylphenate as permitted disinfectant for premises infected with tuberculosis.</SUBJECT> <SECTNO>71.13</SECTNO> <SUBJECT>Inspection of shipments in transit by APHIS representative.</SUBJECT> <SECTNO>71.14</SECTNO> <SUBJECT>Slaughter of poultry or other animals to prevent spread of disease; ascertainment of value and compensation.</SUBJECT> <SECTNO>71.15</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; conditions under which permitted.</SUBJECT> <SECTNO>71.16</SECTNO> <SUBJECT>Inspection and certification of poultry or other animals for interstate movement.</SUBJECT> <SECTNO>71.17</SECTNO> <SUBJECT>Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals.</SUBJECT> <SECTNO>71.18</SECTNO> <SUBJECT>Individual identification of certain cattle 2 years of age or over for movement in interstate commerce.</SUBJECT> <SECTNO>71.19</SECTNO> <SUBJECT>Identification of swine in interstate commerce.</SUBJECT> <SECTNO>71.20</SECTNO> <SUBJECT>Approval of livestock facilities.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5937, June 13, 1963, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 71.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> As used in this part, the following terms shall have the meanings set forth in this section. <E T="03">Accredited Veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Approved livestock facility.</E> 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 § 71.20. <E T="03">Area Veterinarian in Charge.</E> 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. <E T="03">Breeder swine.</E> Sexually intact swine over 6 months of age. <E T="03">Commingling.</E> 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. <E T="03">Department.</E> The United States Department of Agriculture. <E T="03">Feeder swine.</E> Swine under 6 months of age that are not slaughter swine. <E T="03">Free area.</E> 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. <E T="03">Horses.</E> Horses, asses, mules, ponies, and zebras. <E T="03">Interstate.</E> From one State into or through any other State. <E T="03">Interstate commerce.</E> 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. <E T="03">Livestock.</E> Horses, cattle, bison, sheep, and swine. <E T="03">Livestock market.</E> A stockyard, buying station, concentration point, or any other premises where livestock are assembled for sale or sale purposes. <E T="03">Moved (movement) in interstate commerce.</E> 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. <E T="03">Official Brand Inspection Agency.</E> The duly constituted body elected, appointed, or delegated or granted authority by a State or governmental subdivision thereof, to administer laws, <PRTPAGE P="159"/>regulations, ordinances or rules pertaining to the brand identification of livestock. <E T="03">Official brand inspection certificate.</E> A certificate issued by an official brand inspection agency in any State in which such certificates are required for movement of livestock. <E T="03">Official eartag.</E> 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. <E T="03">Official swine tattoo.</E> A tattoo, conforming to the six-character alpha-numeric National Tattoo System, that provides a unique identification for each herd or lot of swine. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other legal entity. <E T="03">Premises identification number.</E> 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. <E T="03">Purebred registry association.</E> 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. <E T="03">Quarantined area.</E> 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. <E T="03">Slaughter swine.</E> Swine being sold or moved for slaughter purposes only. <E T="03">State.</E> 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. <E T="03">State animal health official.</E> The state official responsible for livestock and poultry disease control and eradication programs. <E T="03">State representative.</E> 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. <E T="03">Tick infested.</E> Infested with the ticks Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi. <E T="03">United States Department of Agriculture backtag.</E> A backtag issued by APHIS that conforms to the eight-character alpha-numeric National Backtagging System, and that provides unique identification for each animal. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.2</SECTNO> <SUBJECT>Secretary to issue rule governing quarantine and interstate movement of diseased animals, including poultry.</SUBJECT> 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 <PRTPAGE P="160"/>from the quarantined area or will indicate the regulations under which interstate movements may be made. <CITA>[34 FR 15641, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.3</SECTNO> <SUBJECT>Interstate movement of diseased animals and poultry generally prohibited.</SUBJECT> (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 <E T="03">Salmonella enteritidis</E> serotype <E T="03">enteritidis,</E> 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 § 77.5 of this subchapter; and (3) Poultry affected with disease caused by <E T="03">Salmonella enteritidis</E> serotype <E T="03">enteritidis</E> 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: <E T="03">Provided,</E> 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: <E T="03">And provided further,</E> 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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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 <PRTPAGE P="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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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: <E T="03">Provided,</E> 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. <CITA>[28 FR 5937, June 13, 1963]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> For <E T="04">Federal Register</E> citations affecting § 71.3, see the List of Sections Affected in the Finding Aids section of this volume. </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 71.4</SECTNO> <SUBJECT>Maintenance of certain facilities and premises in a sanitary condition required; cleaning and disinfection, when required; animals classed as “exposed.”</SUBJECT> (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 §§ 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 <PRTPAGE P="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 §§ 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.5</SECTNO> <SUBJECT>Unsanitary railroad cars, trucks, boats, aircraft or other means of conveyance; interstate movement restricted.</SUBJECT> 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 §§ 71.7 and 71.10 through 71.12. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.6</SECTNO> <SUBJECT>Carrier responsible for cleaning and disinfecting of railroad cars, trucks, boats, aircraft or other means of conveyance.</SUBJECT> (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 §§ 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: <E T="03">Provided,</E> 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 § 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 §§ 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 §§ 71.7 and 71.10 through 71.12. <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="163"/> <SECTNO>§ 71.7</SECTNO> <SUBJECT>Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting.</SUBJECT> (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 §§ 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 §§ 71.10 through 71.12. <CITA>[34 FR 15642, Oct. 9, 1969, as amended at 61 FR 56883, Nov. 5, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.10</SECTNO> <SUBJECT>Permitted disinfectants.</SUBJECT> (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<FR>1/2</FR> 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 <E T="03">et seq</E>.), 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 <PRTPAGE P="164"/>and performance issued by the Administrator. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.11</SECTNO> <SUBJECT>Cresylic disinfectant as permitted disinfectant; specifications.</SUBJECT> The following specifications will be employed for determining the suitability of cresylic disinfectant for use under the provisions of § 71.10(b)(3): (a) The product shall remain a uniform liquid when held at 0° C. (32° F.) for 3 hours (chill test). (b) The product shall dissolve completely in 30 parts of distilled water at 25° C. (77° 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<SU>6</SU>H<SU>5</SU>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. </SECTION> <SECTION> <SECTNO>§ 71.12</SECTNO> <SUBJECT>Sodium orthophenylphenate as permitted disinfectant for premises infected with tuberculosis.</SUBJECT> (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° F. or over. Whenever the temperature of the building to be disinfected is below 60° F., as indicated by a wall thermometer, the solution shall be heated to 120° F. and higher in very cold weather, to insure effective disinfection. </SECTION> <SECTION> <SECTNO>§ 71.13</SECTNO> <SUBJECT>Inspection of shipments in transit by APHIS representative.</SUBJECT> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="165"/> <SECTNO>§ 71.14</SECTNO> <SUBJECT>Slaughter of poultry or other animals to prevent spread of disease; ascertainment of value and compensation.</SUBJECT> 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. <CITA>[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.15</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; conditions under which permitted.</SUBJECT> 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. <CITA>[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.16</SECTNO> <SUBJECT>Inspection and certification of poultry or other animals for interstate movement.</SUBJECT> (a) <E T="03">Assistance and facilities.</E> 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) <E T="03">Certificates and other statements to accompany shipments.</E> 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. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.17</SECTNO> <SUBJECT>Interstate movement of dead poultry or other animals prohibited in same car with live poultry or other animals.</SUBJECT> No dead poultry or other animals shall be offered or accepted for transportation or transported in the same <PRTPAGE P="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. <CITA>[28 FR 5937, June 13, 1963, as amended at 34 FR 15642, Oct. 9, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.18</SECTNO> <SUBJECT>Individual identification of certain cattle 2 years of age or over for movement in interstate commerce.</SUBJECT> (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 §§ 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 bya Department-approved backtag<SU>1</SU> <FTREF/> 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<SU>2</SU> <FTREF/> stating: (A) The point from which the animals are moved interstate; (B) thedestination 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: <E T="03">Provided,</E> 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 <E T="03">et seq.</E>),<SU>3</SU> <FTREF/> directly to a recognized slaughtering establishment as defined in § 78.1 of this chapter; or <FTNT> <SU>1</SU> 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 § 78.1 of this chapter. The terms “State representative” and “APHIS representative” are defined in § 78.1 of this chapter. </FTNT> <FTNT> <SU>2</SU> 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. </FTNT> <FTNT> <SU>3</SU>Posted stockyards are designated by posting notice at such stockyards and by publication in the <E T="04">Federal Register</E>. Information concerning posted stockyards may also be obtained from the Washington office or the area offices of the Packers and Stockyards Administration. </FTNT> (ii) May be moved in interstate commerce only from a farm, ranch, or feedlot to a recognized slaughtering establishment as defined in § 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 <E T="03">et seq.</E>), 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<SU>2</SU> 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 <PRTPAGE P="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: <E T="03">Provided,</E> That the application of backtags is not required if such cattle are moved in interstate commerce to a recognized slaughtering establishment as defined in § 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: <E T="03">And provided, further,</E> That the application of backtags is not required when such cattle are moved in interstate commerce to a recognized slaughtering establishment as defined in § 78.1 of this chapter, which maintains records of ownership of cattle by slaughter lot number;<SU>4</SU> <FTREF/> or <FTNT> <SU>4</SU> 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. </FTNT> (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 ofbacktags, and, except as provided in paragraph (a)(5) of this section, are accompanied when moved interstate by an owner's statement or other document<SU>2</SU> 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: <E T="03">Provided,</E> 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<SU>2</SU> 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;<SU>5</SU> <FTREF/> 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 § 78.1, at any time within the year from the date of such delivery. <FTNT> <SU>5</SU> 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. </FTNT> (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 <SU>2</SU> as a condition of movement in interstate commerce under paragraph (a)(1) of this section, shall not be required to <PRTPAGE P="168"/>be accompanied by such an owner-shipper statement or other document <SU>2</SU> <FTREF/> if the following conditions are met: if the cattle are moved to a recognized slaughtering establishment as defined in § 78.1 of this chapter or to a stockyard specifically approved under § 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. <FTNT> <SU>2</SU> 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. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 71.19</SECTNO> <SUBJECT>Identification of swine in interstate commerce.</SUBJECT> (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 § 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.<PRTPAGE P="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 <E T="04">Federal Register</E> to add the devices and markings to the list of approved means of swine identification. <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="170"/> <SECTNO>§ 71.20</SECTNO> <SUBJECT>Approval of livestock facilities.</SUBJECT> (a) To qualify for approval by the Administrator as an approved livestock facility <E T="51">6</E> <FTREF/> and to retain such designation, the individual legally responsible for the day-to-day operations of the livestock facility shall execute the following agreement: <FTNT> <SU>6</SU> 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. </FTNT> <EXTRACT> <HD SOURCE="HD3">AGREEMENT—APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS</HD> [<E T="03">Name of facility</E>] [<E T="03">Address and telephone number of facility</E>] I, [<E T="03">name of the individual legally responsible for the day-to-day operations of the livestock facility</E>], operator of [<E T="03">name of facility</E>], hereby agree to maintain and operate the livestock facility located at [<E T="03">address of premises</E>] in accordance with the applicable provisions of this agreement and Chapter I, Title 9, of the Code of Federal Regulations (9 CFR). <HD SOURCE="HD2">Cooperation</HD> (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. <HD SOURCE="HD2">Records</HD> (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. <HD SOURCE="HD2">Identification</HD> (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. <HD SOURCE="HD2">Cleaning and Disinfection</HD> (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. <HD SOURCE="HD2">General Facilities and Equipment Standards</HD> (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. <HD SOURCE="HD2">Standards for Handling Different Classes of Livestock</HD> <FP>(By his or her initials, the operator of the facility shall signify the class or classes of livestock that the facility will handle.)<PRTPAGE P="171"/> </FP> (14) Cattle and bison: <FP SOURCE="FP-1">—This facility will handle cattle and bison: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle cattle and bison known to be brucellosis reactors, suspects, or exposed: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—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: [<E T="03">Initials of operator, date</E>]</FP> (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: <FP SOURCE="FP-1">—This facility will handle breeding swine: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle slaughter swine: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle feeder swine: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle pseudorabies reactor, suspect, or exposed swine: [<E T="03">Initials of operator, date</E>].</FP> <FP SOURCE="FP-1">—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: [<E T="03">Initials of operator, date</E>].</FP> (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: <FP SOURCE="FP-1">—This facility will handle horses: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will handle equine infectious anemia (EIA) reactors: [<E T="03">Initials of operator, date</E>]</FP> <FP SOURCE="FP-1">—This facility will not handle horses known to be EIA reactors and will not permit EIA reactors to enter the facility: [<E T="03">Initials of operator, date</E>]</FP> <PRTPAGE P="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. <HD SOURCE="HD2">Approvals</HD> (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. [<E T="03">Printed name and signature of operator, date of signature</E>] (18) Pre-approval inspection of livestock facility conducted by [<E T="03">printed name and title of APHIS representative] on [date of inspection</E>]. (19) Recommend approval: [<E T="03">Printed name and signature of State animal health official, date of signature</E>] [<E T="03">Printed name and signature of area veterinarian in charge, date of signature</E>] (20) Approval granted: [<E T="03">Printed name and signature of the Administrator, Animal and Plant Health Inspection Service, date of signature</E>] </EXTRACT> (b) <E T="03">Denial and withdrawal of approval.</E> 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.<PRTPAGE P="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. <CITA>[62 FR 27934, May 22, 1997, as amended at 62 FR 54758, Oct. 22, 1997]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 72</EAR> <HD SOURCE="HED">PART 72—TEXAS (SPLENETIC) FEVER IN CATTLE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>72.1</SECTNO> <SUBJECT>Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed animals prohibited.</SUBJECT> <SECTNO>72.2</SECTNO> <SUBJECT>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.</SUBJECT> <SECTNO>72.3</SECTNO> <SUBJECT>Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.</SUBJECT> <SECTNO>72.4</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>72.5</SECTNO> <SUBJECT>Area quarantined in Texas.</SUBJECT> <SECTNO>72.6</SECTNO> <SUBJECT>Interstate movement of cattle from quarantined areas not eradicating ticks.</SUBJECT> <SECTNO>72.7</SECTNO> <SUBJECT>Interstate movement of cattle from cooperating States.</SUBJECT> <SECTNO>72.8</SECTNO> <SUBJECT>Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.</SUBJECT> <SECTNO>72.9</SECTNO> <SUBJECT>Interstate movements of cattle; inspection and certification by APHIS inspector required.</SUBJECT> <SECTNO>72.10</SECTNO> <SUBJECT>Inspected or dipped and certified cattle subject to restrictions of State of destination.</SUBJECT> <SECTNO>72.11</SECTNO> <SUBJECT>Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.</SUBJECT> <SECTNO>72.12</SECTNO> <SUBJECT>Cattle; exposure to tick infestation after treatment or inspection prohibited.</SUBJECT> <SECTNO>72.13</SECTNO> <SUBJECT>Permitted dips and procedures.</SUBJECT> <SECTNO>72.14</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>72.15</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> <SECTNO>72.16</SECTNO> <SUBJECT>Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.</SUBJECT> <SECTNO>72.17</SECTNO> <SUBJECT>Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.</SUBJECT> <SECTNO>72.18</SECTNO> <SUBJECT>Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.</SUBJECT> <SECTNO>72.19</SECTNO> <SUBJECT>Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.</SUBJECT> <SECTNO>72.20</SECTNO> <SUBJECT>Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.</SUBJECT> <SECTNO>72.21</SECTNO> <SUBJECT>Animals infested with or exposed to ticks subject to same restrictions as cattle.</SUBJECT> <SECTNO>72.22</SECTNO> <SUBJECT>Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.</SUBJECT> <SECTNO>72.23</SECTNO> <SUBJECT>Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.</SUBJECT> <SECTNO>72.24</SECTNO> <SUBJECT>Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.</SUBJECT> <SECTNO>72.25</SECTNO> <SUBJECT>Dipping methods.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5940, June 13, 1963, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 72.1</SECTNO> <SUBJECT>Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed animals prohibited.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 72.2</SECTNO> <SUBJECT>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.</SUBJECT> 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 <PRTPAGE P="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 §§ 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. <CITA>[43 FR 60864, Dec. 29, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.3</SECTNO> <SUBJECT>Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.</SUBJECT> 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. <CITA>[43 FR 60864, Dec. 29, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.4</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 72.5</SECTNO> <SUBJECT>Area quarantined in Texas.</SUBJECT> The following portions of the specified counties in Texas are quarantined: (a) That portion of <E T="03">Val Verde County</E> 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<FR>3/4</FR> 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<FR>1/4</FR> 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<FR>1/8</FR> 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<FR>3/4</FR>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 <E T="61">#</E>1, approximately <FR>1/8</FR> mile; thence, following the meanderings of Woodson Field <E T="61">#</E>1 east fence in a southwesterly direction to the southwest corner of the same, approximately <FR>1/4</FR> 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 <FR>3/10</FR> mile; thence, following Garza Lane in a westerly direction to a corner, approximately <FR>1/8</FR> mile; thence, following Garza Lane in a southeasterly direction to where it intersects U.S. Highway 277 Spur, approximately 1<FR>1/8</FR> miles; thence, following U.S. Highway 277 Spur in a southeasterly direction to its intersection with Hudson Drive, approximately <FR>1/2</FR> mile; thence, following Hudson Drive in a southeasterly direction to where it joins Rio Grande Drive, formerly called Silo Field Road, approximately <FR>6/10</FR> mile; thence, following the west fence of Rio Grande Drive in a southeasterly direction to where it joins the east fence of the Rudy MotaVega,<SU>1</SU> <FTREF/> approximately <FR>4/10</FR> mile; thence, following the east fence of the Rudy Mota Vega in a southerly direction to where it joins the San Felipe Creek, approximately <FR>3/10</FR> 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<FR>2/10</FR> 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 <PRTPAGE P="175"/>fence of the Rancho Rio Grande, approximately 3<FR>2/10</FR> 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<FR>2/10</FR> miles <FTNT> <SU>1</SU> Vega is a flat lowland area. </FTNT> (b) That portion of <E T="03">Kinney County</E> 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 <E T="03">Maverick County</E> 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<FR>7/10</FR> 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<FR>5/10</FR> 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<FR>5/10</FR> 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 <FR>1/2</FR> 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<FR>1/4</FR> 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 <FR>3/8</FR> 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 <FR>3/4</FR> mile; thence, following the Lehman north fence in a southeasterly direction to adrainage canal, approximately <FR>1/8</FR> mile; thence, following the drainage canal in a southerly direction to the north fence of the Las Vegas Ranch, approximately <FR>7/8</FR> 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<FR>1/2</FR> 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 <FR>3/8</FR> 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<FR>1/2</FR> 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,<SU>2</SU> <FTREF/> approximately 1<FR>3/8</FR> miles; thence, following the west fence of the Beer Joint Trap in a southerly direction to the southwest corner of the same, approximately <FR>5/8</FR> 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 <FR>3/4</FR> 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 toits intersection with Church Street, approximately 8<FR>1/2</FR> miles; thence, following Church Street in a westerly direction to its intersection with Commercial Street, approximately <FR>5/10</FR> mile; thence, following Commercial Street in a southerly direction to its intersection with Garrison Street, approximately <FR>7/10</FR> mile; thence, following Garrison Street in an easterly direction to its intersection with Adams Street, approximately <FR>2/10</FR> mile; thence, following the meanderings of Adams Street in a southerly direction <PRTPAGE P="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<FR>1/2</FR> miles; thence, following Brown Street in an easterly direction to the intersection of Farm Road 1021, approximately <FR>1/2</FR> 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<FR>1/2</FR> 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<FR>1/4</FR> miles; thence, following the same double fence in a westerly direction to a corner, approximately <FR>5/8</FR> mile; thence, following the same double fence in a northerly direction to a corner, approximately <FR>3/4</FR> mile; thence, following the same double fence in a westerly direction to the northwest corner of the LomaLinda Ranch, approximately <FR>7/8</FR> 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<FR>1/2</FR> 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 <FR>3/8</FR> 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<FR>1/4</FR> miles; thence, following the meanderings of the Stone Ranch Upper Pasture west double fence in a northerly direction to a corner, approximately <FR>1/2</FR> 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 <FR>3/4</FR> 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<FR>3/4</FR> miles; thence, along the Kiesling Lake Pasture double fence in a southeasterlydirection to where it intersects the north fence of the Dick Swartz Ranch Mansfield Pasture, approximately 1<FR>3/4</FR> 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. <FTNT> <SU>2</SU> A trap is an area in which animals may be trapped. </FTNT> (d) That portion of <E T="03">Webb County</E> 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<FR>1/2</FR> 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<FR>1/4</FR> 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<FR>3/4</FR> 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<FR>1/8</FR> miles; thence, following the Mines Road in a southeasterly direction to its intersection with Del Mar Boulevard and Interstate Highway 35, approximately 16<FR>3/10</FR> miles; thence, following Interstate Highway 35 in a southerly <PRTPAGE P="177"/>direction to its intersection with Matamoros Street (U.S. Highway 83), approximately 4<FR>1/10</FR> 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<FR>1/2</FR> miles to where U.S. Highway 83 turns in a southerly direction; thence, following U.S. Highway 83 in a southerly direction, approximately 12<FR>3/10</FR> 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<FR>5/10</FR> miles; thence, following the meanderings of the H.B. Zachary west double fence in a southeasterly direction to a corner, approximately 4<FR>1/2</FR> miles; thence, following the same fence in an easterly direction to a corner, approximately <FR>3/8</FR> mile; thence, following the same fence in a southerly direction to a corner, approximately <FR>3/8</FR> 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 <E T="03">Zapata County</E> 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 <FR>3/10</FR> mile; thence, east along the north fence of the Martinez Windmill Trap to the northeast corner of same, approximately <FR>3/10</FR> mile; thence, following the east fence of the Martinez Windmill Trap in a southerly direction to the southeast corner of same, approximately <FR>1/10</FR> mile; thence, along the south fence of the Martinez Windmill Trap in a westerly direction to where it intersects U.S. Highway 83, approximately <FR>3/10</FR> mile; thence, following U.S. Highway 83 in a southerly direction to where it intersects the Juan Vidaurri heirs’ pasture north fence, approximately 2<FR>5/10</FR> miles; thence, following the Juan Vidaurri heirs’ pasture north fence in an easterly direction to the northeast corner of same, approximately 1<FR>5/10</FR> 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<FR>5/10</FR> miles; thence, following the north fence of the Dye Farm in a westerly direction to where it intersectsU.S. Highway 83, approximately <FR>7/8</FR> 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 <FR>1/16</FR> 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<FR>5/10</FR> 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 <FR>3/10</FR> 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<FR>2/10</FR> miles; thence, following U.S. Highway 83 in a southerly direction to where it intersects the Zapata-Starr County Line, approximately 23<FR>1/8</FR> miles. (f) That portion of <E T="03">Starr County</E> 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<FR>3/4</FR> 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 <FR>4/10</FR> mile; thence, across Park Road 46 at the entrance to Falcon State Park on Old U.S. Highway 83 and following the <PRTPAGE P="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 <FR>4/10</FR> mile; thence, following the same fence in a southerly direction to where it intersects the north fence of the IBWC Compound, approximately <FR>5/10</FR> mile; thence, following the IBWC Compound north fence in an easterly direction to its intersection with Old U.S. Highway 83, approximately <FR>4/10</FR> 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<FR>1/4</FR> 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<FR>1/2</FR> 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 <FR>4/10</FR> 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 <FR>9/10</FR> mile; thence, following the same dirt road in a southerly direction to where it intersects U.S. Highway 83 at the RomaGraveyard, approximately <FR>3/10</FR> 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<FR>1/4</FR> miles; thence, following the west fence of the Lupe Villarreal pasture in a northerly direction to the northwest corner of the same, approximately <FR>1/2</FR> 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 <FR>4/10</FR> mile; thence, following the same fence in a northerly direction to where it intersects the West City Limits Road, approximately <FR>4/10</FR> mile; thence, following the West City Limits Road in a northerly direction to the north fence of the Rene Smith property, approximately <FR>3/10</FR> 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 <FR>1/2</FR> 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<FR>6/10</FR> 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 <FR>2/10</FR> mile;thence, following the west fence of the Rene Soliz pasture in a southerly direction to the southwest corner of the same, approximately <FR>2/10</FR> mile; thence, following the south fence of the Rene Soliz pasture in an easterly direction to a corner, approximately <FR>1/10</FR> mile; thence, following the same fence in a northerly direction to a corner, approximately <FR>2/10</FR> mile; thence, following the same fence in an easterly direction to a corner, approximately <FR>2/10</FR> mile; thence, following the same fence in a northerly direction to where it joins the North City Limits Road, approximately <FR>2/10</FR> mile; thence, following the meanderings of the North City Limits Road in an easterly direction to where it joins FM Road 755, approximately <FR>7/10</FR> mile; thence, following FM Road 755 in a northeasterly direction to the Los Olmos Creek Bridge, approximately <FR>2/10</FR> 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 <FR>3/4</FR> 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 <FR>6/10</FR> 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 <FR>5/16</FR> mile; thence, crossing the M.P. Railroad right-ofway <PRTPAGE P="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 <E T="03">Hidalgo County</E> 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 <FR>1/2</FR> mile; thence, following the north fence of the railroad right-of-way in an easterly direction to where it intersects the Havanna Road, approximately <FR>6/10</FR> 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<FR>1/2</FR> miles; thence, following the Old Military Road in an easterly direction to where it joins FM Road No. 1016 at Madero, approximately 1<FR>3/4</FR> 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, approximately1<FR>3/4</FR> miles; thence, following the North Granjeno Road in an easterly direction to where it intersects Shary Road, approximately <FR>5/8</FR> 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<FR>2/10</FR> 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 <E T="03">Cameron County</E> 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 <FR>1/2</FR> 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<FR>1/8</FR> 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<FR>1/2</FR> miles; thence, southwest on Ohio Station Road to where it intersects the Cameron County Water District drain ditch, approximately <FR>3/4</FR> 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<FR>1/2</FR> 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<FR>1/4</FR> 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<FR>2/10</FR> 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 <FR>3/8</FR> mile; thence, following FM Road 1732 in an easterly direction to where it intersects Carmen Avenue, approximately 1<FR>3/4</FR> miles; thence, following Carmen Avenue in a southerly direction to where it intersects the south loop of the Resaca de la <PRTPAGE P="180"/>Guerra, approximately 3<FR>1/2</FR> 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, approximately1<FR>1/2</FR> 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<FR>1/2</FR> 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<FR>1/2</FR> miles. <CITA>[49 FR 49611, Dec. 21, 1984, as amended at 50 FR 21796, May 29, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.6</SECTNO> <SUBJECT>Interstate movement of cattle from quarantined areas not eradicating ticks.</SUBJECT> Cattle of any quarantined area where tick eradication is not being conducted,<SU>3</SU> <FTREF/> 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 § 72.13, at a designated dipping station approved under § 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 §§ 72.9 through 72.15. <FTNT> <SU>3</SU> 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. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.7</SECTNO> <SUBJECT>Interstate movement of cattle from cooperating States.</SUBJECT> Cattle in areas where tick eradication is being conducted in cooperation with State authorities,<SU>3</SU> 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 § 72.13, under the supervision of an APHIS inspector and certification by the inspector, be shipped or transported interstate for dip as provided in § 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 §§ 72.9 through 72.15. <CITA>[36 FR 20358, Oct. 21, 1971, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.8</SECTNO> <SUBJECT>Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.</SUBJECT> 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 §§ 72.9, 72.10, 72.12. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.9</SECTNO> <SUBJECT>Interstate movements of cattle; inspection and certification by APHIS inspector required.</SUBJECT> 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 § 72.6 or by § 72.7 and are free of ticks, or have been inspected as required by <PRTPAGE P="181"/>§ 72.8 and are free of ticks); all such certificates shall be handled, delivered, kept, and preserved in accordance with the provisions of § 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.10</SECTNO> <SUBJECT>Inspected or dipped and certified cattle subject to restrictions of State of destination.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 72.11</SECTNO> <SUBJECT>Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.</SUBJECT> 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. </SECTION> <SECTION> <SECTNO>§ 72.12</SECTNO> <SUBJECT>Cattle; exposure to tick infestation after treatment or inspection prohibited.</SUBJECT> The cattle shall not be exposed to tick infestation after treatment and/or inspection. </SECTION> <SECTION> <SECTNO>§ 72.13</SECTNO> <SUBJECT>Permitted dips and procedures.</SUBJECT> (a) <E T="03">Dipping requirements; facilities; handling.</E> 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.<SU>4</SU> <FTREF/> <FTNT> <SU>4</SU> 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. </FTNT> (b) <E T="03">Permitted dips.</E> The dips at present permitted by the Department in official dipping for interstate movement are: (1) Approved proprietary brands of a Dioxathion (Delnav<E T="21">R</E>) emulsifiable concentrate used at a concentration of 0.125 to 0.150 percent.<SU>4</SU> (2) Approved proprietary brands of coumaphos (Co-Ral<E T="21">R</E>), 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.<SU>4</SU> (3) Approved proprietary brands of organophosphorous insecticides (Prolate<E T="04">#</E>) 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<E T="04">#</E>) if used in a concentration of 0.44 to 0.54 percent and if used in accordance with the EPA approved label. (c) <E T="03">Approval of dips.</E> 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 <E T="03">et seq</E>.); 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.<PRTPAGE P="182"/> (d) <E T="03">Tissue residues; restriction on slaughter.</E> 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 <E T="03">et seq</E>.). The length of this period shall be specified on each certificate issued by the inspector who supervises the dipping. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.14</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 72.15</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.16</SECTNO> <SUBJECT>Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.</SUBJECT> 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 § 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.17</SECTNO> <SUBJECT>Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.</SUBJECT> (a) <E T="03">Specifications for construction and maintenance.</E> 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 <PRTPAGE P="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) <E T="03">Materials for use in noninfectious pens; source, shipment, handling.</E> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.18</SECTNO> <SUBJECT>Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.</SUBJECT> (a) <E T="03">Tick-infested cattle.</E> 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 § 72.6: <E T="03">Provided, however,</E> 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) <E T="03">Tick-exposed cattle.</E> 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 § 72.7: <E T="03">Provided, however,</E> 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) <E T="03">Cattle moved contrary to regulations.</E> Cattle which have been moved from the quarantined area to the free area without first having been treated in the manner provided in either § 72.6 or § 72.7 or inspected in the manner provided in § 72.8 shall not be shipped or moved interstate until they have been treated in the same manner as cattle under § 72.6: <E T="03">Provided, however,</E> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.19</SECTNO> <SUBJECT>Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.</SUBJECT> 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 § 72.24. </SECTION> <SECTION> <SECTNO>§ 72.20</SECTNO> <SUBJECT>Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.</SUBJECT> 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: <E T="03">Provided,</E> 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. <CITA>[28 FR 5940, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <PRTPAGE P="184"/> <SECTNO>§ 72.21</SECTNO> <SUBJECT>Animals infested with or exposed to ticks subject to same restrictions as cattle.</SUBJECT> 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 §§ 72.9 through 72.15 and § 72.18 of this part governing the interstate movement of cattle. </SECTION> <SECTION> <SECTNO>§ 72.22</SECTNO> <SUBJECT>Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.</SUBJECT> 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 § 72.13 under supervision of a State or Federal inspector or an accredited veterinarian. <CITA>[38 FR 21996, Aug. 15, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.23</SECTNO> <SUBJECT>Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.</SUBJECT> 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 § 72.13 before being moved interstate under supervision of a State or Federal inspector or an accredited veterinarian. <CITA>[38 FR 21996, Aug. 15, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.24</SECTNO> <SUBJECT>Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.</SUBJECT> 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 § 72.13, or shall be otherwise disposed of under prior permission received from the Administrator, APHIS. <CITA>[38 FR 21996, Aug. 15, 1973, as amended at 56 FR 51974, 51975, Oct. 17, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 72.25</SECTNO> <SUBJECT>Dipping methods.</SUBJECT> 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. <CITA>[50 FR 430, Jan. 4, 1985]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 73</EAR> <HD SOURCE="HED">PART 73—SCABIES IN CATTLE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>73.1</SECTNO> <SUBJECT>Interstate movement prohibited.</SUBJECT> <SECTNO>73.1a</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>73.1b</SECTNO> <SUBJECT>Quarantine policy.</SUBJECT> <SECTNO>73.1c</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>73.2</SECTNO> <SUBJECT>Interstate shipment for immediate slaughter from quarantined or nonquarantined areas; conditions under which permitted.</SUBJECT> <SECTNO>73.3</SECTNO> <SUBJECT>Shipment for purposes other than slaughter; conditions under which permitted.</SUBJECT> <SECTNO>73.4</SECTNO> <SUBJECT>Interstate shipment of exposed but not visibly diseased cattle from a quarantined or nonquarantined area; conditions under which permitted.</SUBJECT> <SECTNO>73.5</SECTNO> <SUBJECT>Interstate shipment of undiseased cattle from quarantined area; when permitted.</SUBJECT> <SECTNO>73.6</SECTNO> <SUBJECT>Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle exposed to scabies.</SUBJECT> <SECTNO>73.7</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; restrictions under which permitted.</SUBJECT> <SECTNO>73.8</SECTNO> <SUBJECT>Cattle infected or exposed during transit.</SUBJECT> <SECTNO>73.9</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> <SECTNO>73.10</SECTNO> <SUBJECT>Permitted dips; substances allowed.</SUBJECT> <SECTNO>73.11</SECTNO> <SUBJECT>Treatment of means of conveyance and premises having contained scabby cattle.</SUBJECT> <SECTNO>73.12</SECTNO> <SUBJECT>Ivermectin.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SECTION> <PRTPAGE P="185"/> <SECTNO>§ 73.1</SECTNO> <SUBJECT>Interstate movement prohibited.</SUBJECT> (a) <E T="03">Cattle affected with scabies.</E> No cattle affected with scabies shall be shipped, trailed, driven, or otherwise moved interstate for any purpose except as provided in this part. (b) <E T="03">Cattle affected with or exposed to scabies.</E> 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) <E T="03">Cattle from area quarantined for scabies.</E> 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. <CITA>[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.1a</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 73.1b</SECTNO> <SUBJECT>Quarantine policy.</SUBJECT> 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. <CITA>[38 FR 31671, Nov. 16, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.1c</SECTNO> <SUBJECT>Definitions.</SUBJECT> For purposes of this part the following terms shall have the meaning set forth in this section. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">APHIS Inspector.</E> 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. <E T="03">State Inspector.</E> 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. <CITA>[41 FR 5384, Feb. 6, 1976, as amended at 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.2</SECTNO> <SUBJECT>Interstate shipment for immediate slaughter from quarantined or nonquarantined areas; conditions under which permitted.</SUBJECT> (a) <E T="03">Conditions under which permitted after one dipping.</E> 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 § 73.6.<PRTPAGE P="186"/> (b) <E T="03">After one dipping; to be slaughtered within 14 days or redipped by owner.</E> 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) <E T="03">When part of diseased herd not visibly affected.</E> 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: <E T="03">Provided,</E> 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 § 73.6. (d) <E T="03">Undiseased herds in quarantined area; conditions under which permitted.</E> 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. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.3</SECTNO> <SUBJECT>Shipment for purposes other than slaughter; conditions under which permitted.</SUBJECT> 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 § 73.6. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.4</SECTNO> <SUBJECT>Interstate shipment of exposed but not visibly diseased cattle from a quarantined or nonquarantined area; conditions under which permitted.</SUBJECT> 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 § 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. <CITA>[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.5</SECTNO> <SUBJECT>Interstate shipment of undiseased cattle from quarantined area; when permitted.</SUBJECT> 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 <PRTPAGE P="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 § 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: <E T="03">Provided further,</E> that treatment withivermectin 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.6</SECTNO> <SUBJECT>Placarding means of conveyance and marking billing of shipments of treated scabby cattle or cattle exposed to scabies.</SUBJECT> 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<FR>1/2</FR> by 8 inches in size, on which shall be printed with permanent black ink in boldfaced letters, not less than 1<FR>1/2</FR> 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 <PRTPAGE P="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. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.7</SECTNO> <SUBJECT>Movement from quarantined to free area and shipment therefrom; restrictions under which permitted.</SUBJECT> 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: <E T="03">Provided, however,</E> 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, <E T="03">Provided,</E> 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: <E T="03">And provided further,</E> 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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <EXTRACT> <FP>(44 U.S.C. 3506)</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.8</SECTNO> <SUBJECT>Cattle infected or exposed during transit.</SUBJECT> (a) <E T="03">Healthy cattle from unquarantined State exposed en route.</E> 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) <E T="03">Interstate shipments of cattle under APHIS or State certificate found affected or exposed en route.</E> 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 §§ 71.4 through 71.11 of this subchapter. <CITA>[28 FR 5945, June 13, 1963, as amended at 41 FR 5384, Feb. 6, 1976; 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.9</SECTNO> <SUBJECT>Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.</SUBJECT> 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 <PRTPAGE P="189"/>may come into contact with the cattle so dipped or treated. <CITA>[41 FR 4012, Jan. 28, 1976, as amended at 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.10</SECTNO> <SUBJECT>Permitted dips; substances allowed.</SUBJECT> (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 <E T="03">et seq</E>.). 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-Ral<E T="21">R</E>), 25 percent wettable powder or flowable form used at a concentration of 0.30 percent. (4) Approved proprietary brands of organophosphorous insecticides (Prolate<E T="21">R</E>) 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° to 105° 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.<SU>1</SU> <FTREF/> The dipping bath for toxaphene emulsions must be kept within a temperature range of 40°-80° F., and at a concentration between 0.50 and 0.60 percent throughout the dipping operations.<E T="21">2</E> <FTREF/> <FTNT> <E T="21">1</E> 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. </FTNT> <FTNT> <E T="21">2</E> 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. </FTNT> (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 <SU>3</SU> <FTREF/> 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 <E T="03">et seq</E>.); 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. <FTNT> <E T="21">3</E> Information as to the names of such dips may be obtained from the APHIS or a APHIS inspector. </FTNT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 73.11</SECTNO> <SUBJECT>Treatment of means of conveyance and premises having contained scabby cattle.</SUBJECT> 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 § 73.10 under supervision of a State or Federal inspector or an accredited veterinarian. <CITA>[38 FR 21996, Aug. 15, 1973, as amended at 41 FR 5384, Feb. 6, 1976]</CITA> </SECTION> <SECTION> <PRTPAGE P="190"/> <SECTNO>§ 73.12</SECTNO> <SUBJECT>Ivermectin.<SU>1</SU> </SUBJECT> (a)<FTREF/> 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: <FTNT> <SU>1</SU> 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 <E T="03">et seq.</E>). 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 <E T="03">et seq.</E>) 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.” </FTNT> (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 § 73.6. <NOTE> <HD SOURCE="HED">Note:</HD> 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. </NOTE> (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 § 73.6. <EXTRACT> <FP>(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))</FP> </EXTRACT> <CITA>[49 FR 10530, Mar. 20, 1984 and 49 FR 33120, Aug. 21, 1984; 56 FR 52463, Oct. 21, 1991]</CITA> </SECTION> </PART> <PART> <RESERVED>PART 74 [RESERVED]</RESERVED> </PART> <PART> <PRTPAGE P="191"/> <EAR>Pt. 75</EAR> <HD SOURCE="HED">PART 75—COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS</HD> <CONTENTS> <SUBJGRP> <HD SOURCE="HED">Dourine in Horses and Asses</HD> <SECHD>Sec.</SECHD> <SECTNO>75.1-75.3</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Equine Infectious Anemia (Swamp Fever)</HD> <SECTNO>75.4</SECTNO> <SUBJECT>Interstate movement of equine infectious anemia reactors and approval of laboratories, diagnostic facilities, and research facilities.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Contagious Equine Metritis (CEM)</HD> <SECTNO>75.5-75.10</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBJGRP> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 28 FR 5950, June 13, 1963, unless otherwise noted. </SOURCE> <SUBJGRP> <HD SOURCE="HED">Dourine in Horses and Asses</HD> <SECTION> <SECTNO>§§ 75.1-75.3</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Equine Infectious Anemia (Swamp Fever)</HD> <SECTION> <SECTNO>§ 75.4</SECTNO> <SUBJECT>Interstate movement of equine infectious anemia reactors and approval of laboratories, diagnostic facilities, and research facilities.</SUBJECT> (a) <E T="03">Definitions.</E> For the purpose of this section, the following terms have the meanings set forth in this paragraph. <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">Animals.</E> Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the functions involved. <E T="03">Approved stockyard.</E> 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 § 71.20 of this chapter. <E T="03">Certificate.</E> 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 § 75.4(b). <E T="03">Interstate.</E> From any State into or through any other State. <E T="03">Official seal.</E> 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. <E T="03">Official test.</E> 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 <E T="03">et seq.</E>); and (2) conducted in a laboratory approved by the Administrator. <E T="03">Officially identified.</E> 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 <PRTPAGE P="192"/>by the letter “A”,<SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU> 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. </FTNT> <E T="03">Operator.</E> The individual responsible for the day-to-day operations of the specifically approved stockyard. <E T="03">Permit.</E> 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. <E T="03">Reactor.</E> Any horse, ass, mule, pony or zebra which is subjected to an official test and found positive. <E T="03">State.</E> 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. <E T="03">State animal health official.</E> The individial employed by a State who is responsible for livestock and poultry disease control and eradication programs. <E T="03">State representative.</E> 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. <E T="03">Veterinarian in Charge.</E> 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) <E T="03">Interstate movement.</E> 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: <E T="03">Provided,</E> 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 <E T="03">et seq.</E>) 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 <PRTPAGE P="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 <E T="03">et seq.</E>), 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) <E T="03">Approval of Laboratories, and Diagnostic or Research Facilities.</E> (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.<SU>2</SU> <FTREF/> <FTNT> <SU>2</SU> 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. </FTNT> (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.<SU>3</SU> <FTREF/> <FTNT> <SU>3</SU> 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. </FTNT> (d) <E T="03">Denial and withdrawal of approval of laboratories and diagnostic or research facilities.</E> 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 <PRTPAGE P="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. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <CITA>[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]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Contagious Equine Metritis (CEM)</HD> <SECTION> <SECTNO>§§ 75.5-75.10</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBJGRP> </PART> <PART> <RESERVED>PART 76 [RESERVED]</RESERVED> </PART> <PART> <EAR>Pt. 77</EAR> <HD SOURCE="HED">PART 77—TUBERCULOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>77.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>77.2</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>77.3</SECTNO> <SUBJECT>Movement from accredited-free States, accredited-free (suspended) States, and modified accredited States.</SUBJECT> <SECTNO>77.4</SECTNO> <SUBJECT>Movement from nonmodified accredited states.</SUBJECT> <SECTNO>77.5</SECTNO> <SUBJECT>Interstate movement of cattle and bison that are exposed, reactors, or suspects, or from herds containing suspects.</SUBJECT> <SECTNO>77.6</SECTNO> <SUBJECT>Other movements.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 43 FR 34431, Aug. 4, 1978, unless otherwise noted. </SOURCE> <SECTION> <SECTNO>§ 77.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> As used in this part, the following terms shall have the meanings set forth in this section except as otherwise specified. <E T="03">Accredited-free state.</E> (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 <PRTPAGE P="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. <E T="03">Accredited-free (suspended) State.</E> (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. <E T="03">Accredited herd.</E> 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. <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator</E>. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Affected herd.</E> A herd in which tuberculosis has been disclosed in any cattle or bison by an official tuberculin test or by postmortem examination. <E T="03">Animal.</E> All species of animals except man, birds, or reptiles. <E T="03">Animal and Plant Health Inspection Service</E>. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). <E T="03">APHIS representative</E>. An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Cattle and bison not known to be affected.</E> All cattle and bison except those originating from tuberculosis affected herds or from herds containing tuberculosis suspect cattle or bison. <E T="03">Certificate.</E> 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. <E T="03">Department.</E> The U.S. Department of Agriculture (USDA). <E T="03">Exposed cattle and bison.</E> Cattle and bison, except reactor cattle and bison, which are part of an affected herd. <E T="03">Herd.</E> 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. <E T="03">Interstate.</E> From one State into or through any other State. <E T="03">Modified accredited state.</E> (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 <PRTPAGE P="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. <E T="03">Moved.</E> Shipped, transported, or otherwise moved, or delivered or received for movement. <E T="03">Negative cattle and bison.</E> 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. <E T="03">Nonmodified accredited state.</E> (1) A state that has not received accredited-free state status or modified accredited state status. (2) Nonmodified accredited states: [No states] <E T="03">Official seal.</E> A seal issued by a State or APHIS representative. <E T="03">Official tuberculin test.</E> 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. <E T="03">Permit.</E> 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 §§ 77.5 and 77.6 of this part. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other legal entity. <E T="03">Reactor cattle and bison.</E> 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. <E T="03">State.</E> Any State, territory, the District of Columbia, or Puerto Rico. <E T="03">State representative.</E> 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. <E T="03">Suspect cattle and bison.</E> 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. <E T="03">Transportation document.</E> 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. <E T="03">Tuberculosis.</E> The contagious, infectious, and communicable disease caused by <E T="03">Mycobacterium bovis.</E> <E T="03">Uniform Methods and Rules—Bovine Tuberculosis Eradication.</E> 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 <E T="03">Uniform Methods and Rules—Bovine Tuberculosis Eradication</E> were approved for incorporation by reference into the <PRTPAGE P="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.<SU>1</SU> <FTREF/> <FTNT> <SU>1</SU> 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. </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0084)</APPRO> <CITA>[40 FR 27009, June 26, 1975]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> For Federal Register citations affecting § 77.1, see the List of CFR Sections Affected in the Finding Aids section of this volume. </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 77.2</SECTNO> <SUBJECT>General restrictions.</SUBJECT> Cattle and bison may not be moved interstate except in compliance with this part. <CITA>[52 FR 39615, Oct. 23, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.3</SECTNO> <SUBJECT>Movement from accredited-free States, accredited-free (suspended) States, and modified accredited States.</SUBJECT> 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.<SU>3</SU> <FTREF/> <FTNT> <SU>3</SU> The regulations of the State of destination should be consulted before shipments are made from accredited-free, accredited-free (suspended) and modified accredited States. </FTNT> <CITA>[59 FR 9072, Feb. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.4</SECTNO> <SUBJECT>Movement from nonmodified accredited states.</SUBJECT> 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 <E T="03">et seq</E>.) or to a State inspected slaughtering establishment which has inspection by a State inspector at the time of slaughter. <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.5</SECTNO> <SUBJECT>Interstate movement of cattle and bison that are exposed, reactors, or suspects, or from herds containing suspects.</SUBJECT> (a) <E T="03">Reactor cattle and bison.</E> 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 <E T="03">et seq</E>.) 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<PRTPAGE P="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 § 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 §§ 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) <E T="03">Exposed cattle and bison</E>. Except for the movement of exposed cattle to a quarantined feedlot in accordance with § 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) <E T="03">Suspect cattle and bison.</E> 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 <E T="03">et seq</E>.) or to a State inspected slaughtering establishment which has inspection by a State inspector at the time of slaughter. <APPRO>(Approved by the Office of Management and Budget under control number 0579-0051)</APPRO> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 77.6</SECTNO> <SUBJECT>Other movements.</SUBJECT> 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 <PRTPAGE P="199"/>the appropriate livestock sanitary officials of the State of destination of any such action. <CITA>[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]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 78</EAR> <HD SOURCE="HED">PART 78—BRUCELLOSIS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>78.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>78.2</SECTNO> <SUBJECT>Handling of certificates, permits, and “S” brand permits for interstate movement of animals.</SUBJECT> <SECTNO>78.3</SECTNO> <SUBJECT>Handling in transit of cattle and bison moved interstate.</SUBJECT> <SECTNO>78.4</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis</HD> <SECTNO>78.5</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>78.6</SECTNO> <SUBJECT>Steers and spayed heifers.</SUBJECT> <SECTNO>78.7</SECTNO> <SUBJECT>Brucellosis reactor cattle.</SUBJECT> <SECTNO>78.8</SECTNO> <SUBJECT>Brucellosis exposed cattle.</SUBJECT> <SECTNO>78.9</SECTNO> <SUBJECT>Cattle from herds not known to be affected.</SUBJECT> <SECTNO>78.10</SECTNO> <SUBJECT>Official vaccination of cattle moving into and out of Class B and Class C States or areas.</SUBJECT> <SECTNO>78.11</SECTNO> <SUBJECT>Cattle moved to a specifically approved stockyard not in accordance with this part.</SUBJECT> <SECTNO>78.12</SECTNO> <SUBJECT>Cattle from quarantined areas.</SUBJECT> <SECTNO>78.13</SECTNO> <SUBJECT>Other movements.</SUBJECT> <SECTNO>78.14</SECTNO> <SUBJECT>Rodeo bulls.</SUBJECT> <SECTNO>78.15-78.19</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis</HD> <SECTNO>78.20</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>78.21</SECTNO> <SUBJECT>Bison steers and spayed heifers.</SUBJECT> <SECTNO>78.22</SECTNO> <SUBJECT>Brucellosis reactor bison.</SUBJECT> <SECTNO>78.23</SECTNO> <SUBJECT>Brucellosis exposed bison.</SUBJECT> <SECTNO>78.24</SECTNO> <SUBJECT>Bison from herds not known to be affected.</SUBJECT> <SECTNO>78.25</SECTNO> <SUBJECT>Other movements.</SUBJECT> <SECTNO>78.26—78.29</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis</HD> <SECTNO>78.30</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>78.31</SECTNO> <SUBJECT>Brucellosis reactor swine.</SUBJECT> <SECTNO>78.32</SECTNO> <SUBJECT>Brucellosis exposed swine.</SUBJECT> <SECTNO>78.33</SECTNO> <SUBJECT>Sows and boars.</SUBJECT> <SECTNO>78.34</SECTNO> <SUBJECT>Other movements.</SUBJECT> <SECTNO>78.35—78.39</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Designation of Brucellosis Areas</HD> <SECTNO>78.40</SECTNO> <SUBJECT>Designation of States/areas.</SUBJECT> <SECTNO>78.41</SECTNO> <SUBJECT>State/area classification.</SUBJECT> <SECTNO>78.42</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>78.43</SECTNO> <SUBJECT>Validated brucellosis-free States.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> 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). </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> 51 FR 32580, Sept. 12, 1986, unless otherwise noted. </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 78.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> The following terms are defined in this section: <EXTRACT> <FP SOURCE="FP-1">Accredited veterinarian</FP> <FP SOURCE="FP-1">Administrator</FP> <FP SOURCE="FP-1">Animals</FP> <FP SOURCE="FP-1">Animal and Plant Health Inspection Service</FP> <FP SOURCE="FP-1">APHIS representative</FP> <FP SOURCE="FP-1">Approved brucella vaccine</FP> <FP SOURCE="FP-1">Approved individual herd plan</FP> <FP SOURCE="FP-1">Approved intermediate handling facility</FP> <FP SOURCE="FP-1">Area</FP> <FP SOURCE="FP-1">“B” branded</FP> <FP SOURCE="FP-1">Boar</FP> <FP SOURCE="FP-1">Brucellosis</FP> <FP SOURCE="FP-1">Brucellosis exposed</FP> <FP SOURCE="FP-1">Brucellosis negative</FP> <FP SOURCE="FP-1">Brucellosis reactor</FP> <FP SOURCE="FP-1">Brucellosis ring test</FP> <FP SOURCE="FP-1">Brucellosis suspect</FP> <FP SOURCE="FP-1">Certificate</FP> <FP SOURCE="FP-1">Certified brucellosis-free herd</FP> <FP SOURCE="FP-1">Class A State or area</FP> <FP SOURCE="FP-1">Class B State or area</FP> <FP SOURCE="FP-1">Class C State or area</FP> <FP SOURCE="FP-1">Class Free State or area</FP> <FP SOURCE="FP-1">Complete herd test (CHT)</FP> <FP SOURCE="FP-1">Confirmatory test</FP> <FP SOURCE="FP-1">Dairy cattle</FP> <FP SOURCE="FP-1">Designated epidemiologist</FP> <FP SOURCE="FP-1">Directly</FP> <FP SOURCE="FP-1">Epidemiologist</FP> <FP SOURCE="FP-1">Epidemiology</FP> <FP SOURCE="FP-1">Farm of origin</FP> <FP SOURCE="FP-1">Feral swine</FP> <FP SOURCE="FP-1">Finished fed cattle</FP> <FP SOURCE="FP-1">Herd</FP> <FP SOURCE="FP-1">Herd blood test</FP> <FP SOURCE="FP-1">Herd known to be affected</FP> <FP SOURCE="FP-1">Herd not known to be affected</FP> <FP SOURCE="FP-1">Herd of origin of swine</FP> <FP SOURCE="FP-1">Interstate</FP> <FP SOURCE="FP-1">Market cattle identification test cattle</FP> <FP SOURCE="FP-1">Market swine test (MST) reactor</FP> <FP SOURCE="FP-1">Market swine test swine</FP> <FP SOURCE="FP-1">Monitored-negative feral swine population</FP> <FP SOURCE="FP-1">Moved</FP> <FP SOURCE="FP-1">Moved (movement) in interstate commerce</FP> <FP SOURCE="FP-1">Official adult vaccinate<PRTPAGE P="200"/> </FP> <FP SOURCE="FP-1">Official brand inspection certificate</FP> <FP SOURCE="FP-1">Official brand recording agency</FP> <FP SOURCE="FP-1">Official calfhood vaccinate</FP> <FP SOURCE="FP-1">Official eartag</FP> <FP SOURCE="FP-1">Official seal</FP> <FP SOURCE="FP-1">Official swine tattoo</FP> <FP SOURCE="FP-1">Official test</FP> <FP SOURCE="FP-1">Official vaccinate</FP> <FP SOURCE="FP-1">Official vaccination eartag</FP> <FP SOURCE="FP-1">Originate</FP> <FP SOURCE="FP-1">Parturient</FP> <FP SOURCE="FP-1">Permit</FP> <FP SOURCE="FP-1">Permit for entry</FP> <FP SOURCE="FP-1">Person</FP> <FP SOURCE="FP-1">Postparturient</FP> <FP SOURCE="FP-1">Purebred registry association</FP> <FP SOURCE="FP-1">Qualified herd</FP> <FP SOURCE="FP-1">Quarantined area</FP> <FP SOURCE="FP-1">Quarantined feedlot</FP> <FP SOURCE="FP-1">Quarantined pasture</FP> <FP SOURCE="FP-1">Recognized slaughtering establishment</FP> <FP SOURCE="FP-1">“S” branded</FP> <FP SOURCE="FP-1">“S” brand permit</FP> <FP SOURCE="FP-1">Sow</FP> <FP SOURCE="FP-1">Specifically approved stockyard</FP> <FP SOURCE="FP-1">State</FP> <FP SOURCE="FP-1">State animal health official</FP> <FP SOURCE="FP-1">State representative</FP> <FP SOURCE="FP-1">Successfully closed case</FP> <FP SOURCE="FP-1">Swine brucellosis</FP> <FP SOURCE="FP-1">Test-eligible cattle and bison</FP> <FP SOURCE="FP-1">United States Department of Agriculture backtag</FP> <FP SOURCE="FP-1">Validated brucellosis-free herd</FP> <FP SOURCE="FP-1">Validated brucellosis-free State</FP> <FP SOURCE="FP-1">Veterinarian in Charge</FP> <FP SOURCE="FP-1">Whole herd vaccination </FP> </EXTRACT> <FP>As used in this part, the following terms shall have the meanings set forth in this section.</FP> <E T="03">Accredited veterinarian.</E> 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. <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. <E T="03">Animals.</E> Cattle, bison, and swine. <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture. <E T="03">APHIS representative.</E> An individual employed by APHIS who is authorized to perform the function involved. <E T="03">Approved brucella vaccine.</E> A <E T="03">Brucella</E> 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. <E T="03">Approved individual herd plan.</E> 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. <E T="03">Approved intermediate handling facility.</E> 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 § 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 <PRTPAGE P="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 § 71.20 of this chapter. <E T="03">Area.</E> That portion of any State which has a separate brucellosis classification under this part. <E T="03">“B” branded.</E> 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. <E T="03">Boar.</E> An uncastrated male swine 6 months of age or over which is or has been capable of being used for breeding purposes. <E T="03">Brucellosis.</E> The contagious, infectious, and communicable disease caused by bacteria of the genus <E T="03">Brucella.</E> It is also known as Bangs disease, undulant fever, and contagious abortion. <E T="03">Brucellosis exposed.</E> 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. <E T="03">Brucellosis negative.</E> 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. <E T="03">Brucellosis reactor.</E> An animal subjected to an official test resulting in a brucellosis reactor classification or subjected to a bacteriological examination for field strain <E T="03">Brucella abortus</E> and found positive or reclassified as a brucellosis reactor by a designated epidemiologist as provided for in the definition of official test. <E T="03">Brucellosis ring test.</E> 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. <E T="03">Brucellosis suspect.</E> 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. <E T="03">Certificate.</E> 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;<PRTPAGE P="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. <E T="03">Certified brucellosis-free herd.</E> 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) <E T="03">Certification.</E> 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) <E T="03">Maintaining certification.</E> 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 <E T="03">Brucella abortus.</E> <E T="03">Class A State or area.</E> 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 § 78.40 of this part. The following are the standards to attain and maintain Class A status.<PRTPAGE P="203"/> (a) <E T="03">Surveillance.</E> (1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 90 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) 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) <E T="03">Epidemiologic surveillance—</E>(i) <E T="03">Adjacent herds.</E> 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) <E T="03">Herd infection rate—</E>(1) <E T="03">Percentage of herds affected.</E> 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 <E T="03">Brucella abortus,</E> 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) <E T="03">Epidemiologic investigation.</E> 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 <PRTPAGE P="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. <E T="03">Class B State or area.</E> 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 § 78.40 of this part. The following are the standards to attain and maintain Class B status. (a) <E T="03">Surveillance—</E>(1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 80 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) 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) <E T="03">Epidemiologic surveillance.</E> (i) <E T="03">Adjacent herds.</E> 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.<PRTPAGE P="205"/> (b) <E T="03">Herd infection rate.</E> (1) <E T="03">Percentage of herds affected.</E> 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 <E T="03">Brucella abortus,</E> 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) <E T="03">Epidemiologic investigation.</E> 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. <E T="03">Class C State or area.</E> 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 § 78.40 of this part. The following are the standards to attain and maintain Class C status. (a) <E T="03">Surveillance—</E>(1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 80 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin. (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) The brucellosis reactor showed a low titer in the MCI test and is traced back to a dairy herd that is 100 percent <PRTPAGE P="206"/>vaccinated and has tested negative to the most recent brucellosis ring test required by this section for herds producing milk for sale. (3) <E T="03">Epidemiologic surveillance.</E> (i) <E T="03">Adjacent herds.</E> 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) <E T="03">Herd infection rate.</E> (1) <E T="03">Percentage of herds affected.</E> 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 <E T="03">Brucella abortus,</E> 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) <E T="03">Epidemiologic investigation.</E> 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. <E T="03">Class Free State or area.</E> 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 § 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) <E T="03">Surveillance.</E> (1) <E T="03">Brucellosis ring test.</E> 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) <E T="03">Market Cattle Identification (MCI) program.</E> (i) <E T="03">Coverage.</E> 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) <E T="03">Brucellosis reactors.</E> (A) <E T="03">Tracebacks.</E> At least 90 percent of all brucellosis reactors found in the course of MCI testing must be traced to the farm of origin.<PRTPAGE P="207"/> (B) <E T="03">Successfully closed cases.</E> 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: (<E T="03">1</E>) 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 (<E T="03">2</E>) 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: (<E T="03">i</E>) The brucellosis reactor is traced back to a herd that has been sold for slaughter in entirety; (<E T="03">ii</E>) The brucellosis reactor is traced back to a herd that is certified brucellosis free and is 100-percent vaccinated; or (<E T="03">iii</E>) 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) <E T="03">Epidemiologic surveillance.</E> (i) <E T="03">Adjacent herds.</E> 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) <E T="03">Herd infection rate.</E> (1) <E T="03">Percentage of herds affected.</E> All cattle herds in the State or area must remain free of field strain <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> of 0.0 percent or 0 herds per 1,000. (2) <E T="03">Epidemiologic investigation.</E> 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. <E T="03">Complete herd test (CHT).</E> An official swine brucellosis test of all swine on a premises that are 6 months of age or older and maintained for breeding purposes. <E T="03">Confirmatory test.</E> 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.<PRTPAGE P="208"/> <E T="03">Dairy cattle.</E> A bovine animal of a recognized dairy breed. <E T="03">Designated epidemiologist.</E> 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. <E T="03">Directly.</E> Without unloading en route if moved in a means of conveyance, or without stopping if moved in any other manner. <E T="03">Epidemiologist.</E> 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. <E T="03">Epidemiology.</E> A branch of medical science that deals with the incidence, distribution, and control of disease in the animal population. <E T="03">Farm of origin.</E> (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. <E T="03">Feral swine.</E> 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. <E T="03">Finished fed cattle.</E> 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. <E T="03">Herd.</E> (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. <E T="03">Herd blood test.</E> (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] <E T="03">Herd known to be affected.</E> Any herd in which any animal has been classified as a brucellosis reactor and which has not been released from quarantine. <E T="03">Herd not known to be affected.</E> 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. <E T="03">Herd of origin of swine.</E> 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. <E T="03">Interstate.</E> From any State into or through any other State. <E T="03">Market cattle identification test cattle.</E> 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. <E T="03">Market swine test (MST) reactor.</E> Market swine test swine with a positive reaction to a swine brucellosis confirmatory test or other official test, if no confirmatory test is performed. <E T="03">Market swine test swine.</E> Sows and boars which have been moved to <PRTPAGE P="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. <E T="03">Monitored-negative feral swine population.</E> 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. <E T="03">Moved.</E> Shipped, transported, delivered, or received for movement, or otherwise aided, induced, or caused to be moved. <E T="03">Moved (movement) in interstate commerce.</E> 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. <E T="03">Official adult vaccinate.</E> (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 <E T="03">Brucella abortus</E> 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. <E T="03">Official brand inspection certificate.</E> A document issued by an official brand inspection agency in any State which requires such documents for movement of cattle. <E T="03">Official brand recording agency.</E> 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. <E T="03">Official calfhood vaccinate.</E> (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 <E T="03">Brucella abortus</E> 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. <E T="03">Official eartag.</E> 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. <E T="03">Official seal.</E> 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 <PRTPAGE P="210"/>serially numbered, self-locking button which can be used for this purpose. <E T="03">Official swine tattoo.</E> A tattoo, conforming to the six-character alpha-numeric National Tattoo System, that provides a unique identification for each herd or lot of swine. <E T="03">Official test.</E> (a) <E T="03">Classification of cattle and bison.</E> (1) <E T="03">Standard card test.</E> (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: (<E T="03">1</E>) 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 (<E T="03">2</E>) Designates the standard card test as the official test for determining the brucellosis disease status of non-vaccinated cattle or bison (the CITE<E T="04">#</E> 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<E T="04">#</E> 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) <E T="03">Standard card test results are interpreted as either negative or positive.</E> 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) <E T="03">Standard tube test (STT) or standard plate test (SPT).</E> 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: <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">SPT OR STT Classification—Official Vaccinates Vaccinated With a</E> <E T="03">Brucella Abortus</E> <E T="04">Strain</E> 19 <E T="04">Approved Brucella Vaccine</E> </TTITLE> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:50</CHED> <CHED H="2">1:100</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:200</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">— </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">I </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>I </ENT> <ENT>— </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>I </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>+ </ENT> <ENT>Reactor.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">Official Vaccinates Vaccinated With an Approved Brucella Vaccine Other Than a</E> <E T="03">Brucella Abortus</E> <E T="04">Strain</E> 19 <E T="04">Approved Brucella Vaccine</E> </TTITLE> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:50</CHED> <CHED H="2">1:100</CHED> <CHED H="2">1:200</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">—</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">I</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <PRTPAGE P="211"/> <ENT I="01">+</ENT> <ENT>I</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>—</ENT> <ENT>Reactor.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>I</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>+</ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <TTITLE> <E T="04">All Cattle and Bison Which Are Not Official Vaccinates</E> </TTITLE> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:50</CHED> <CHED H="2">1:100</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:200</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">— </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">I </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>— </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>I </ENT> <ENT>— </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>— </ENT> <ENT>Reactor.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>I </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+ </ENT> <ENT>+ </ENT> <ENT>+ </ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> (3) <E T="03">Manual complement-fixation (CF) test.</E> 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 <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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) <E T="03">Technicon automated complement-fixation test.</E> 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 <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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.<PRTPAGE P="212"/> (5) <E T="03">Rivanol test.</E> 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 <E T="03">Brucella abortus</E> Strain 19 approved brucella vaccine and official calfhood vaccinates vaccinated with a <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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 <E T="03">Brucella abortus</E> 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) <E T="03">Semen plasma test.</E> 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) <E T="03">Buffered acidified plate antigen (BAPA) test.</E> 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) <E T="03">Rapid screening test (RST).</E> 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) <E T="03">Concentration immunoassay technology (CITE</E> <E T="53">®</E>) test. <E T="01">An enzyme immunoassay that may be used as a diagnostic supplement to the standard card test by designated epidemiologists determining the brucellosis disease </E>status of cattle and bison. The test must be done in accordance with the CITE<E T="51">®</E> <E T="03">Brucella abortus</E> 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, <PRTPAGE P="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) <E T="03">Particle concentration fluorescence immunoassay (PCFIA) test.</E> 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): <GPOTABLE CDEF="s10,xls60" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">S/N ratio</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">Greater than .60 </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">Greater than .30 but less than or equal to .60 </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">.30 or less </ENT> <ENT>Positive.</ENT> </ROW> </GPOTABLE> (11) <E T="03">D-Tec</E> <E T="51">®</E> Brucella A test. <E T="01">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) × 100. The brucellosis disease status of the animals is classified according to the following established criteria:</E> <GPOTABLE CDEF="s50,xls56" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Percent inhibition</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">Less than or equal to 40 percent </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">Greater than 40 percent and less than or equal to 70 percent </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">Greater than 70 percent </ENT> <ENT>Reactor.</ENT> </ROW> </GPOTABLE> (12) <E T="03">Rapid Automated Presumptive (RAP) test.</E> An automated serologic test to detect the presence of <E T="03">Brucella</E> 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<E T="51">®</E> tests when evaluating the results of standard card tests of cattle and bison. (b) <E T="03">Classification of swine—</E>(1) <E T="03">Standard card test.</E> 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 <E T="03">brucella</E> are classified as brucellosis suspects. Other swine positive to the standard card test are classified as brucellosis reactors. (2) <E T="03">Standard tube test.</E> 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: <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:25</CHED> <CHED H="2">1:50</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:100</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">I</ENT> <ENT>]—</ENT> <ENT>—</ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>I</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>I</ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.<PRTPAGE P="214"/> </TNOTE> </GPOTABLE> (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: <GPOTABLE CDEF="s30,r30,r30,r30" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Titer</CHED> <CHED H="2">1:25</CHED> <CHED H="2">1:50</CHED> <CHED H="1">Classification</CHED> <CHED H="2">1:100</CHED> <CHED H="2"/> </BOXHD> <ROW> <ENT I="01">I</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>Reactor.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>I</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>—</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>I</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">+</ENT> <ENT>+</ENT> <ENT>+</ENT> <ENT>Do.</ENT> </ROW> <TNOTE>— No agglutination.</TNOTE> <TNOTE>I Incomplete agglutination.</TNOTE> <TNOTE>+ Complete agglutination.</TNOTE> </GPOTABLE> (3) <E T="03">Particle concentration fluoresence immunoassay (PCFIA).</E> 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): <GPOTABLE CDEF="s25,r25" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">S/N Ratio</CHED> <CHED H="1">Classification</CHED> </BOXHD> <ROW> <ENT I="01">0.71 or greater </ENT> <ENT>Negative.</ENT> </ROW> <ROW> <ENT I="01">0.51 to 0.70 </ENT> <ENT>Suspect.</ENT> </ROW> <ROW> <ENT I="01">0.50 or less </ENT> <ENT>Reactor.</ENT> </ROW> </GPOTABLE> (4) <E T="03">Rapid Automated Presumptive (RAP) test.</E> An automated serologic test to detect the presence of <E T="03">Brucella</E> 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. <E T="03">Official vaccinate.</E> 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. <E T="03">Official vaccination eartag.</E> 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. <E T="03">Originate.</E> (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 § 71.20 of this chapter, shall have the status of the State or area of lower class for any subsequent movement. <E T="03">Parturient.</E> Visibly prepared to give birth or within 2 weeks of giving birth (springers). <E T="03">Permit.</E> 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 <PRTPAGE P="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.) <E T="03">Permit for entry.</E> 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. <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company or other legal entity. <E T="03">Postparturient.</E> Having given birth. <E T="03">Purebred registry association</E>. 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. <E T="03">Qualified herd.</E> (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) <E T="03">Requalification.</E> 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. <E T="03">Quarantined area.</E> An area that does not meet the criteria for classification as Class Free, Class A, Class B, or Class C. <E T="03">Quarantined feedlot.</E> <SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU> A list of quarantined feedlots in any State may be obtained from the State animal health official, a State representative, or an APHIS representative. </FTNT> (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 <PRTPAGE P="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.