{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 94 sorted by section_id", "rows": [["28:28:2.0.1.1.40.1.20.1", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.11 Purpose; construction and severability.", "DOJ", "", "", "[71 FR 52451, Sept. 6, 2006, as amended at 88 FR 3656, Jan. 20, 2023]", "(a) The purpose of this subpart is to implement the provisions of VOCA, Title II, Sec. 1404C (34 U.S.C. 20106), which authorize the Director (Director), Office for Victims of Crime (OVC), a component of the Office of Justice Programs (OJP), to establish a program to reimburse eligible victims of acts of international terrorism that occur outside the United States, for expenses associated with that victimization.\n\n(b) Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this part and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances."], ["28:28:2.0.1.1.40.1.20.2", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.12 Definitions.", "DOJ", "", "", "[71 FR 52451, Sept. 6, 2006, as amended at 88 FR 3656, Jan. 20, 2023]", "The following definitions shall apply to this subpart:\n\n(a)  Child  means any biological or legally-adopted child, or any stepchild, of a deceased victim, who, at the time of the victim's death, is\u2014\n\n(1) Younger than 18 years of age; or\n\n(2) Over 18 years of age and a student, as defined in 5 U.S.C. 8101.\n\n(b)  Claimant  means a victim, or his representative, who is authorized to sign and submit an application, and receive payment for reimbursement, if appropriate.\n\n(c)  Collateral sources  means sources that provide reimbursement for specific expenses compensated under this subpart, including property, health, disability, or other insurance for specific expenses; Medicare or Medicaid; workers' compensation programs; military or veterans' benefits of a compensatory nature; vocational rehabilitation benefits; restitution; and other state, Federal, foreign, and international compensation programs: except that any reimbursement received under this subpart shall be reduced by the amount of any lump sum payment whatsoever, received from, or in respect of the United States or a foreign government, unless the claimant can show that such payment was for a category of expenses not covered under this subpart. To the extent that a claimant has an unsatisfied judgment against a foreign government based on the same act of terrorism, the value of that unsatisfied judgment shall be counted as a lump sum payment for expenses covered under this subpart, unless the claimant agrees to waive his right to sue the United States government for satisfaction of that judgment.\n\n(d)  Deceased means  individuals who are dead, or are missing and presumed dead.\n\n(e)  Dependent  has the meaning given in 26 U.S.C. 152. If the victim was not required by law to file a U.S. Federal income tax return for the year prior to the act of international terrorism, an individual shall be deemed to be a victim's dependent if he was reliant on the income of the victim for over half of his support in that year.\n\n(f)  Employee of the United States Government  means any person who\u2014\n\n(1) Is an employee of the United States government under Federal law; or\n\n(2) Receives a salary or compensation of any kind from the United States Government for personal services directly rendered to the United States, similar to those of an individual in the United States Civil Service, or is a contractor of the United States Government (or an employee of such contractor) rendering such personal services.\n\n(g)  Funeral and burial  means those activities involved in the disposition of the remains of a deceased victim, including preparation of the body and body tissue, refrigeration, transportation, cremation, procurement of a final resting place, urns, markers, flowers and ornamentation, costs related to memorial services, and other reasonably-associated activities, including travel for not more than two family members.\n\n(h)  Incapacitated  means substantially impaired by mental illness or deficiency, or by physical illness or disability, to the extent that personal decision-making is impossible.\n\n(i)  Incompetent  means unable to care for oneself because of mental illness or disability, mental retardation, or dementia.\n\n(j)  International terrorism  has the meaning given in 18 U.S.C. 2331. As of the date of these regulations, the statute defines the term to mean \u201cactivities that\u2014\n\n(1) Involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;\n\n(2) Appear to be intended\u2014\n\n(i) To intimidate or coerce a civilian population;\n\n(ii) To influence the policy of a government by intimidation or coercion; or\n\n(iii) To affect the conduct of a government by mass destruction, assassination, or kidnaping; and\n\n(3) Occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.\u201d\n\n(k)  Legal guardian  means legal guardian, as the term is defined under the laws of the jurisdiction of which the ward is or was a legal resident, except that if the ward is or was a national of the United States, the legal guardianship must be pursuant to an order of a court of competent jurisdiction of or within the United States.\n\n(l)  Medical expenses  means costs associated with the treatment, cure, or mitigation of a disease, injury, or mental or emotional condition that is the result of an act of international terrorism. Allowable medical expenses include reimbursement for eyeglasses or other corrective lenses, dental services, rehabilitation costs, prosthetic or other medical devices, prescription medication, and other services rendered in accordance with a method of healing recognized by the jurisdiction in which the medical care is administered.\n\n(m)  Mental health  care means mental health care provided by an individual who meets professional standards to provide these services in the jurisdiction in which the care is administered.\n\n(n)  National of the United States  has the meaning given in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). As of the date of these regulations, the statute defines the term to mean \u201c(A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.\u201d\n\n(o)  Officer of the United States government  has the meaning given in 5 U.S.C. 2104.\n\n(p)  Outside the United States  means outside any state of the United States, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other possession or territory of the United States.\n\n(q)  Parent  means a biological or legally-adoptive parent, or a step-parent, unless his parental rights have been terminated in the jurisdiction where the child is or was a legal resident, except that if the child or either parent is a national of the United States, the termination must be pursuant to an order of a court of competent jurisdiction of or within the United States.\n\n(r)  Property loss  refers to items of personal property (other than medical devices, which are included in the category of \u201cmedical expenses\u201d) that are lost, destroyed, or held as evidence.\n\n(s)  Rehabilitation costs  includes reasonable costs for the following: physiotherapy; occupational therapy; counseling, and workplace, vehicle, and home modifications.\n\n(t)  Representative  means a family member or legal guardian authorized to file a claim on behalf of a victim who is younger than 18 years of age, incompetent, incapacitated, or deceased, except that no individual who was criminally culpable for the act of international terrorism shall be considered a representative. In the event that no family member or legal guardian is available to file a claim for an interim emergency payment on behalf of a victim, under \u00a7 94.41, a U.S. consular officer or U.S. embassy official within the country may act as a representative, consistent with any limitation on his authority contained in 22 CFR 92.81(b).\n\n(u)  Victim  has the meaning given in 34 U.S.C. 20106(a)(3)(A), it being understood that the term \u201cperson\u201d in that section means the following:\n\n(1) (i) An individual who was present during the act of terrorism;\n\n(ii) An individual who was present during the immediate aftermath of the act of terrorism; or\n\n(iii) An emergency responder who assisted in efforts to search for and recover other victims; and\n\n(2) The spouse, children, parents, and siblings of a victim described in paragraph (u)(1) of this Section, and other persons, at the discretion of the Director, shall be considered \u201cvictims\u201d, when the person described in such paragraph\u2014\n\n(i) Dies as a result of the act of terrorism;\n\n(ii) Is younger than 18 years of age (or is incompetent or incapacitated) at the time of the act of terrorism, or;\n\n(iii) Is rendered incompetent or incapacitated as a result of the act of terrorism."], ["28:28:2.0.1.1.40.1.20.3", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.13 Terms.", "DOJ", "", "", "", "The first three provisions of 1 U.S.C. 1 (rules of construction) shall apply to this subpart."], ["28:28:2.0.1.1.40.1.21.4", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.21 Eligibility.", "DOJ", "", "", "[71 FR 52451, Sept. 6, 2006, as amended at 88 FR 3656, Jan. 20, 2023]", "(a) Except as provided in paragraphs (b) and (c) of this section, reimbursement of qualified expenses under this subpart is available to a victim of international terrorism or his representative, pursuant to 34 U.S.C. 20106(a)(3)(A). For purposes of eligibility for this program only, the Attorney General shall determine whether there is a reasonable indication that an act was one of international terrorism, within the meaning of that section.\n\n(b) Reimbursement shall be denied to any claimant if the Director, in consultation with appropriate Department of Justice (DOJ) officials, determines that there is a reasonable indication that either the victim with respect to whom the claim is made, or the claimant, was criminally culpable for the act of international terrorism.\n\n(c) Reimbursement may be reduced or denied to a claimant if the Director, in consultation with appropriate DOJ officials, determines that the victim with respect to whom the claim is made contributed materially to his own death or injury by\u2014\n\n(1) Engaging in conduct that violates U.S. law or the law of the jurisdiction in which the act of international terrorism occurred;\n\n(2) Acting as a mercenary or \u201csoldier of fortune\u201d;\n\n(3) (As a non-U.S. Government employee), acting as an advisor, consultant, employee, or contractor, in a military or political capacity\u2014\n\n(i) For a rebel or paramilitary organization;\n\n(ii) For a government not recognized by the United States; or\n\n(iii) In a country in which an official travel warning issued by the U.S. Department of State related to armed conflict was in effect at the time of the act of international terrorism; or\n\n(4) Engaging in grossly reckless conduct."], ["28:28:2.0.1.1.40.1.21.5", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.22 Categories of expenses.", "DOJ", "", "", "", "The following categories of expenses, generally, may be reimbursed, with some limitations, as noted in \u00a7 94.23: medical care; mental health care; property loss; funeral and burial; and miscellaneous expenses (including temporary lodging, emergency travel, and transportation). Under this subpart, the Director shall not reimburse for attorneys' fees, lost wages, or non-economic losses (such as pain and suffering, loss of enjoyment of life, loss of consortium, etc.)."], ["28:28:2.0.1.1.40.1.21.6", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.23 Amount of reimbursement.", "DOJ", "", "", "", "Different categories of expenses are capped, as set forth in the chart below. Those caps may be adjusted, from time to time, by rulemaking. The cap in effect within a particular expense category, at the time that the application is received, shall apply to the award."], ["28:28:2.0.1.1.40.1.21.7", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.24 Determination of award.", "DOJ", "", "", "", "After review of each application, the Director shall determine the eligibility of the victim or representative and the amount, if any, eligible for reimbursement, specifying the reasons for such determination and the findings of fact and conclusions of law supporting it. A copy of the determination shall be mailed to the claimant at his last known address."], ["28:28:2.0.1.1.40.1.21.8", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.25 Collateral sources.", "DOJ", "", "", "", "(a) The amount of expenses reimbursed to a claimant under this subpart shall be reduced by any amount that the claimant receives from a collateral source in connection with the same act of international terrorism. In cases in which a claimant receives reimbursement under this subpart for expenses that also will or may be reimbursed from another source, the claimant shall subrogate the United States to the claim for payment from the collateral source up to the amount for which the claimant was reimbursed under this subpart.\n\n(b) Notwithstanding paragraph (a) of this section, when a collateral source provides supplemental reimbursement for a specific expense, beyond the maximum amount reimbursed for that expense under this subpart, the claimant's award under this subpart shall not be reduced by the amount paid by the collateral source, nor shall the claimant be required to subrogate the United States to the claim for payment from the collateral source, except that in no event shall the combined reimbursement under this subpart and any collateral source exceed the actual expense."], ["28:28:2.0.1.1.40.1.22.10", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.32 Application deadline.", "DOJ", "", "", "[76 FR 19910, Apr. 11, 2011]", "For claims related to acts of international terrorism that occurred after October 6, 2006, the deadline to file an application is three years from the date of the act of international terrorism. For claims related to acts of international terrorism that occurred between December 21, 1988, and October 6, 2006, the deadline to file an application is October 6, 2009. At the discretion of the Director, the deadline for filing a claim may be tolled or extended upon a showing of good cause."], ["28:28:2.0.1.1.40.1.22.11", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.33 Investigation and analysis of claims.", "DOJ", "", "", "", "The Director may seek an expert examination of claims submitted if he believes there is a reasonable basis for requesting additional evaluation. The claimant, in submitting an application for reimbursement, authorizes the Director to release information regarding claims or expenses listed in the application to an appropriate body for review. If the Director initiates an expert review, no identifying information for the victim or representative shall be released."], ["28:28:2.0.1.1.40.1.22.9", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.31 Application procedures.", "DOJ", "", "", "", "(a) To receive reimbursement, a claimant must submit a completed application under this program requesting payment based on an itemized list of expenses, and must submit original receipts.\n\n(b) Notwithstanding paragraph (a) of this Section, in cases involving incidents of terrorism preceding the establishment of this program where claimants may not have original receipts, and in cases in which the claimant certifies that the receipts have been destroyed or lost, the Director may, in his discretion, accept an itemized list of expenses. In each such case, the claimant must certify that original receipts are unavailable and attest that the items and amounts submitted in the list are true and correct to the best of his knowledge. In the event that it is later determined that a fraudulent certification was made, the United States may take action to recover any payment made under this section, and pursue criminal prosecution, as appropriate."], ["28:28:2.0.1.1.40.1.23.12", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.41 Interim emergency payment.", "DOJ", "", "", "", "Claimants may apply for an interim emergency payment, prior to a determination under \u00a7 94.21(a). If the Director determines that such payment is necessary to avoid or mitigate substantial hardship that may result from delaying reimbursement until complete and final consideration of an application, such payment may be made to cover immediate expenses such as those of medical care, funeral and burial, short-term lodging, and emergency transportation. The amount of an interim emergency payment shall be determined on a case-by-case basis, and shall be deducted from the final award amount."], ["28:28:2.0.1.1.40.1.23.13", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.42 Repayment and waiver of repayment.", "DOJ", "", "", "", "A victim or representative shall reimburse the program upon a determination by the Director that an interim emergency award or final award was: Made to an ineligible victim or claimant; based on fraudulent information; or an overpayment. Except in the case of ineligibility pursuant to a determination by the Director, in consultation with appropriate DOJ officials, under \u00a7 94.21(b), the Director may waive such repayment requirement in whole or in part, for good cause, upon request."], ["28:28:2.0.1.1.40.1.24.14", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.51 Request for reconsideration.", "DOJ", "", "", "", "A victim or representative may, within thirty (30) days after receipt of the determination under \u00a7 94.24, appeal the same to the Assistant Attorney General for the Office of Justice Programs, by submitting a written request for review. The Assistant Attorney General may conduct a review and make a determination based on the material submitted with the initial application, or may request additional documentation in order to conduct a more thorough review. In special circumstances, the Assistant Attorney General may determine that an oral hearing is warranted; in such cases, the hearing shall be held at a reasonable time and place."], ["28:28:2.0.1.1.40.1.24.15", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "A", "Subpart A\u2014International Terrorism Victim Expense Reimbursement Program", "", "\u00a7 94.52 Final agency decision.", "DOJ", "", "", "", "In cases that are not appealed under \u00a7 94.51, the Director's determination pursuant to \u00a7 94.24 shall be the final agency decision. In all cases that are appealed, the Assistant Attorney General shall issue a notice of final determination, which shall be the final agency decision, setting forth the findings of fact and conclusions of law supporting his determination."], ["28:28:2.0.1.1.40.2.25.1", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.101 Purpose and scope; future guidance; construction and severability; compliance date.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3656, Jan. 20, 2023]", "(a)  Purpose and scope.  This subpart implements the provisions of VOCA, at 34 U.S.C. 20103, which, as of July 8, 2016, authorize the Director to make an annual grant to the chief executive of each State for the financial support of eligible crime victim assistance programs. VOCA sets out the statutory requirements governing these grants, and this subpart should be read in conjunction with it. Grants under this program also are subject to the government-wide grant rules in 2 CFR part 200, as implemented by the Department of Justice at 2 CFR part 2800, and the DOJ Grants Financial Guide.\n\n(b)  Future guidance.  The Director may, pursuant to 34 U.S.C. 20110(a), prescribe guidance for grant recipients and sub-recipients under this program on the application of this subpart.\n\n(c)  Construction and severability.  Any provision of this subpart held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this part and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.\n\n(d)  Compliance date.  This subpart applies to all grants under this program made by OVC after August 8, 2016, except for funds that the SAA obligated before August 8, 2016 ( i.e.  pre-award funds under grants made in 2016). SAAs may permit the use of funds that are unobligated as of August 8, 2016 for activities permitted by this subpart, but not by the Guidelines."], ["28:28:2.0.1.1.40.2.25.2", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.102 Definitions.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3656, Jan. 20, 2023]", "As used in this subpart:\n\nCrime victim  or  victim of crime  means a person who has suffered physical, sexual, financial, or emotional harm as a result of the commission of a crime.\n\nDirector  means the Director of OVC.\n\nDirect services  or  services to victims of crime  means those services described in 34 U.S.C. 20103(d)(2), and efforts that\u2014\n\n(1) Respond to the emotional, psychological, or physical needs of crime victims;\n\n(2) Assist victims to stabilize their lives after victimization;\n\n(3) Assist victims to understand and participate in the criminal justice system; or\n\n(4) Restore a measure of security and safety for the victim.\n\nOVC  means the Office for Victims of Crime, within the United States Department of Justice's Office of Justice Programs.\n\nProject  means the direct services project funded by a grant under this program, unless context indicates otherwise.\n\nSpousal abuse  includes domestic and intimate partner violence.\n\nState Administering Agency  or  SAA  is the governmental unit designated by the chief executive of a State to administer grant funds under this program.\n\nSub-recipient  means an entity that is eligible to receive grant funds under this program from a State under this subpart.\n\nVictim of child abuse  means a victim of crime, where such crime involved an act or omission considered to be child abuse under the law of the relevant SAA jurisdiction. In addition, for purposes of this program, victims of child abuse may include, but are not limited to, child victims of: Physical, sexual, or emotional abuse; child pornography-related offenses; neglect; commercial sexual exploitation; bullying; and/or exposure to violence.\n\nVictim of federal crime  means a victim of an offense in violation of a federal criminal statute or regulation, including, but not limited to, offenses that occur in an area where the federal government has jurisdiction, whether in the United States or abroad, such as Indian reservations, national parks, federal buildings, and military installations.\n\nVOCA  means the Victims of Crime Act of 1984, Public Law 98-473 (Oct. 12, 1984), as amended.\n\nVOCA funds  or  VOCA funding  means grant funds (or grant funding) under this program.\n\nVOCA grant  means the annual grant from OVC to a State under this program."], ["28:28:2.0.1.1.40.2.26.3", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.103 General.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3656, Jan. 20, 2023]", "(a)  Direct services.  SAAs may use VOCA funds to provide direct services through sub-recipients or in their own projects, and to cover administrative and training costs of the SAA. SAAs have sole discretion to determine which organizations will receive funds, and in what amounts, subject to the minimum requirements set forth in VOCA and this subpart. SAAs must ensure that projects provide services to victims of federal crimes on the same basis as to victims of crimes under State or local law. SAAs may fund direct services regardless of a victim's participation in the criminal justice process. Victim eligibility under this program for direct services is not dependent on the victim's immigration status.\n\n(b)  SAA eligibility certification.  Each SAA must certify that it will meet the criteria set forth in VOCA, at 34 U.S.C. 20103(a)(2), and in this subpart . This certification shall be submitted by the chief executive of the State (or a designee) annually in such form and manner as OVC specifies from time to time. As of July 8, 2016, VOCA requires the chief executive to certify that\u2014\n\n(1) Priority will be given to programs providing assistance to victims of sexual assault, spousal abuse, or child abuse;\n\n(2) Funds will be made available to programs serving underserved victims;\n\n(3) VOCA funds awarded to the State, and by the State to eligible crime victim assistance programs, will not be used to supplant State and local government funds otherwise available for crime victim assistance.\n\n(c)  Pass-through administration.  SAAs have broad latitude in structuring their administration of VOCA funding. VOCA funding may be administered by the SAA itself, or by other means, including the use of pass-through entities (such as coalitions of victim service providers) to make determinations regarding award distribution and to administer funding. SAAs that opt to use a pass-through entity shall ensure that the total sum of VOCA funding for administrative and training costs for the SAA and pass-through entity is within the VOCA limit, the reporting of activities at the direct-service level is equivalent to what would be provided if the SAA were directly overseeing sub-awards, and an effective system of monitoring sub-awards is used. SAAs shall report on the pass-through entity in such form and manner as OVC may specify from time to time.\n\n(d)  Strategic planning.  SAAs are encouraged to develop a funding strategy, which should consider the following: The range of direct services throughout the State and within communities; the sustainability of such services; the unmet needs of crime victims; the demographic profile of crime victims; the coordinated, cooperative response of community organizations in organizing direct services; the availability of direct services throughout the criminal justice process, as well as to victims who are not participating in criminal justice proceedings; and the extent to which other sources of funding are available for direct services.\n\n(e)  Coordination.  SAAs are encouraged to coordinate their activities with their jurisdiction's VOCA compensation programs, STOP Violence Against Women Formula Grant Program administrator, victim assistance coalitions, federal agencies, and other relevant organizations.\n\n(f)  Compliance with other rules and requirements.  SAAs shall comply (and ensure sub-recipient compliance) with all applicable provisions of VOCA, this subpart, and any guidance issued by OVC, as well as all applicable provisions of the DOJ Grants Financial Guide and government-wide grant rules.\n\n(g)  Access to records.  SAAs shall, upon request, and consistent with 2 CFR 200.337, permit OVC access to all records related to the use of VOCA funding."], ["28:28:2.0.1.1.40.2.26.4", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.104 Allocation of sub-awards.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended by at FR 3656, Jan. 20, 2023]", "(a)  Directed allocation of forty percent overall.  Except as provided in paragraph (d) of this section, each SAA shall allocate each year's VOCA grant as specified below in paragraphs (b) and (c) of this section. Where victims of priority category crimes are determined to be underserved as well, an SAA may count funds allocated to projects serving such victims in either the priority category or the underserved category, but not both.\n\n(b)  Priority categories of crime victims (thirty percent total).  SAAs shall allocate a minimum of ten percent of each year's VOCA grant to each of the three priority categories of victims specified in the certification requirement in VOCA, at 34 U.S.C. 20103(a)(2)(A), which, as of July 8, 2016, includes victims of\u2014\n\n(1) Sexual assault,\n\n(2) Spousal abuse and\n\n(3) Child abuse.\n\n(c)  Previously underserved category (ten percent total).  SAAs shall allocate a minimum of ten percent of each year's VOCA grant to underserved victims of violent crime, as specified in VOCA, at 34 U.S.C. 20103(a)(2)(B). To meet this requirement, SAAs shall identify which type of crime victim a service project assists by the type of crime they have experienced or the demographic characteristics of the crime victim, or both.\n\n(d)  Exceptions to required allocations.  The Director may approve an allocation different from that specified in paragraphs (b) and (c) of this section, pursuant to a written request from the SAA that demonstrates (to the satisfaction of the Director) that there is good cause therefor.\n\n(e)  Sub-award process: Documentation, conflicts of interest, and competition of funding to sub-recipients.  (1) SAAs have sole discretion to determine which organizations will receive funds, and in what amounts, subject to the requirements of VOCA, this subpart, and the provisions in the DOJ Grants Financial Guide relating to conflicts of interest. SAAs must maintain a documented methodology for selecting all competitive and non-competitive sub-recipients.\n\n(2) SAAs are encouraged to award funds through a competitive process, when feasible. Typically, such a process entails an open solicitation of applications and a documented determination, based on objective criteria set in advance by the SAA (or pass-through entity, as applicable).\n\n(f)  Direct-service projects run by SAAs.  An SAA may use no more than ten percent of its annual VOCA grant to fund its own direct service projects, unless the Director grants a waiver."], ["28:28:2.0.1.1.40.2.26.5", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.105 Reporting requirements.", "DOJ", "", "", "", "(a)  Subgrant award reports.  SAAs shall submit, at such times and in such form and manner as OVC may specify from time to time, subgrant award reports to OVC for each project that receives VOCA funds. If an SAA awards funds to a pass-through entity, the SAA also shall submit a report on the pass-through entity, at such times and in such form and manner as OVC may specify from time to time.\n\n(b)  Performance report.  SAAs shall submit, in such form and manner as OVC may specify from time to time, performance reports to OVC on a quarterly basis.\n\n(c)  Obligation to report fraud, waste, abuse, and similar misconduct.  SAAs shall\u2014\n\n(1) Promptly notify OVC of any formal allegation or finding of fraud, waste, abuse, or similar misconduct involving VOCA funds;\n\n(2) Promptly refer any credible evidence of such misconduct to the Department of Justice Office of the Inspector General; and\n\n(3) Apprise OVC, in timely fashion, of the status of any on-going investigations"], ["28:28:2.0.1.1.40.2.26.6", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.106 Monitoring requirements.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "(a)  Monitoring plan.  Unless the Director grants a waiver, SAAs shall develop and implement a monitoring plan in accordance with the requirements of this section and 2 CFR 200.332. The monitoring plan must include a risk assessment plan.\n\n(b)  Monitoring frequency.  SAAs shall conduct regular desk monitoring of all sub-recipients. In addition, SAAs shall conduct on-site monitoring of all sub-recipients at least once every two years during the award period, unless a different frequency based on risk assessment is set out in the monitoring plan.\n\n(c)  Recordkeeping.  SAAs shall maintain a copy of site visit results and other documents related to compliance."], ["28:28:2.0.1.1.40.2.27.10", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.110 Allowable training costs.", "DOJ", "", "", "", "VOCA funds may be used only for training activities that occur within the award period, and all funds for training must be obligated prior to the end of such period. Allowable training costs generally include, but are not limited to, the following:\n\n(a) Statewide/regional training of personnel providing direct assistance and allied professionals, including VOCA funded and non-VOCA funded personnel, as well as managers and Board members of victim service agencies; and\n\n(b) Training academies for victim assistance."], ["28:28:2.0.1.1.40.2.27.7", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.107 Administration and training.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "(a)  Amount.  No SAA may use more than the amount prescribed by VOCA, at 34 U.S.C. 20103(b)(3), for training and administration. As of July 8, 2016, the amount is five percent of a State's annual VOCA grant.\n\n(b)  Notification.  An SAA shall notify OVC of its decision to use VOCA funds for training or administration, either at the time of application for the VOCA grant or within thirty days of such decision. Such notification shall indicate what portion of the amount will be allocated for training and what portion for administration. If VOCA funding will be used for administration, the SAA shall follow the rules and submit the certification required in \u00a7 94.108 regarding supplantation .\n\n(c)  Availability.  SAAs shall ensure that each training and administrative activity funded by the VOCA grant occurs within the award period.\n\n(d)  Documentation.  SAAs shall maintain sufficient records to substantiate the expenditure of VOCA funds for training or administration.\n\n(e)  Volunteer training.  SAAs may allow sub-recipients to use VOCA funds to train volunteers in how to provide direct services when such services will be provided primarily by volunteers. Such use of VOCA funds will not count against the limit described in paragraph (a) of this section."], ["28:28:2.0.1.1.40.2.27.8", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.108 Prohibited supplantation of funding for administrative costs.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "(a)  Non-supplantation requirement.  SAAs may not use VOCA funding to supplant State administrative support for the State crime victim assistance program. Consistent with the DOJ Grants Financial Guide, such supplantation is the deliberate reduction of State funds because of the availability of VOCA funds. Where a State decreases its administrative support for the State crime victim assistance program, the SAA must submit, upon request from OVC, an explanation for the decrease.\n\n(b)  Baseline for administrative costs.  In each year in which an SAA uses VOCA funds for administration, it shall\u2014\n\n(1) Establish and document a baseline level of non-VOCA funding required to administer the State victim assistance program, based on SAA expenditures for administrative costs during that fiscal year and the previous fiscal year, prior to expending VOCA funds for administration; and\n\n(2) Submit the certification required by 34 U.S.C. 20110(h), which, as of July 8, 2016, requires an SAA to certify here that VOCA funds will not be used to supplant State funds, but will be used to increase the amount of such funds that would, in the absence of VOCA funds, be made available for administrative purposes."], ["28:28:2.0.1.1.40.2.27.9", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.109 Allowable administrative costs.", "DOJ", "", "", "", "(a) Funds for administration may be used only for costs directly associated with administering a State's victim assistance program. Where allowable administrative costs are allocable to both the crime victim assistance program and another State program, the VOCA grant may be charged no more than its proportionate share of such costs. SAAs may charge a federally-approved indirect cost rate to the VOCA grant, provided that the total amount charged does not exceed the amount prescribed by VOCA for training and administration.\n\n(b) Costs directly associated with administering a State victim assistance program generally include the following:\n\n(1)  Salaries and benefits  of SAA staff and consultants to administer and manage the program;\n\n(2)  Training  of SAA staff, including, but not limited to, travel, registration fees, and other expenses associated with SAA staff attendance at technical assistance meetings and conferences relevant to the program;\n\n(3)  Monitoring compliance  of VOCA sub-recipients with federal and State requirements, support for victims' rights compliance programs, provision of technical assistance, and evaluation and assessment of program activities, including, but not limited to, travel, mileage, and other associated expenses;\n\n(4)  Reporting  and related activities necessary to meet federal and State requirements;\n\n(5)  Program evaluation,  including, but not limited to, surveys or studies that measure the effect or outcome of victim services;\n\n(6)  Program audit costs  and related activities necessary to meet federal audit requirements for the VOCA grant;\n\n(7)  Technology-related costs,  generally including for grant management systems, electronic communications systems and platforms ( e.g.,  Web pages and social media), geographic information systems, victim notification systems, and other automated systems, related equipment ( e.g.,  computers, software, fax and copying machines, and TTY/TDDs) and related technology support services necessary for administration of the program;\n\n(8)  Memberships  in crime victims' organizations and organizations that support the management and administration of victim assistance programs, and publications and materials such as curricula, literature, and protocols relevant to the management and administration of the program;\n\n(9)  Strategic planning,  including, but not limited to, the development of strategic plans, both service and financial, including conducting surveys and needs assessments;\n\n(10)  Coordination and collaboration efforts  among relevant federal, State, and local agencies and organizations to improve victim services;\n\n(11)  Publications,  including, but not limited to, developing, purchasing, printing, distributing training materials, victim services directories, brochures, and other relevant publications; and\n\n(12)  General program improvements \u2014Enhancing overall SAA operations relating to the program and improving the delivery and quality of program services to crime victims throughout the State."], ["28:28:2.0.1.1.40.2.28.11", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.111 Eligible crime victim assistance programs.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "SAAs may award VOCA funds only to crime victim assistance programs that meet the requirements of VOCA, at 34 U.S.C. 20103(b)(1), and this subpart. Each such program shall abide by any additional criteria or reporting requirements established by the SAA."], ["28:28:2.0.1.1.40.2.28.12", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.112 Types of eligible organizations and organizational capacity.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "(a)  Eligible programs.  Eligible programs are not limited to entities whose sole purpose is to provide direct services. There are special considerations for certain types of entities, as described below:\n\n(1)  Faith-based and neighborhood programs.  SAAs may award VOCA funds to otherwise eligible faith-based and neighborhood programs, but in making such awards, SAAs shall ensure that such programs comply with all applicable federal law, including, but not limited to, part 38 of this chapter.\n\n(2)  Crime victim compensation programs.  SAAs may provide VOCA victim assistance funding to compensation programs only for the purpose of providing direct services that extend beyond the essential duties of the staff administering the compensation program, which services may include, but are not limited to, crisis intervention; counseling; and providing information, referrals, and follow-up for crime victims.\n\n(3)  Victim service organizations located in an adjacent State.  SAAs may award VOCA funds to otherwise eligible programs that are physically located in an adjacent State, but in making such awards, the SAA shall provide notice of such award to the SAA of the adjacent State, and coordinate, as appropriate, to ensure effective provision of services, monitoring, auditing of federal funds, compliance, and reporting.\n\n(4)  Direct service programs run by the SAA.  SAAs may fund their own direct services programs, but, under \u00a7 94.104(f), may allocate no more than ten percent of the VOCA grant to such programs, and each such program shall adhere to the allowable/unallowable cost rules for sub-recipient projects set out in this subpart at \u00a7\u00a7 94.119 through 94.122.\n\n(b)  Organizational capacity of the program.  For purposes of VOCA, at 34 U.S.C. 20103(b)(1)(B), the following shall apply:\n\n(1)  Record of effective services to victims of crime and support from sources other than the Crime Victims Fund.  A program has demonstrated a record of effective direct services and support from sources other than the Crime Victims Fund when, for example, it demonstrates the support and approval of its direct services by the community, its history of providing direct services in a cost-effective manner, and the breadth or depth of its financial support from sources other than the Crime Victims Fund.\n\n(2)  Substantial financial support from sources other than the Crime Victims Fund.  A program has substantial financial support from sources other than the Crime Victims Fund when at least twenty-five percent of the program's funding in the year of, or the year preceding the award comes from such sources, which may include other federal funding programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions for using federal funding for match), then a program may count the used funding to demonstrate non-VOCA substantial financial support toward its project match requirement."], ["28:28:2.0.1.1.40.2.28.13", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.113 Use of volunteers, community efforts, compensation assistance.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "(a)  Mandated use of volunteers; waiver.  Programs shall use volunteers, to the extent required by the SAA, in order to be eligible for VOCA funds. The chief executive of the State, who may act through the SAA, may waive this requirement, provided that the program submits written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers, to the satisfaction of the chief executive.\n\n(b)  Waiver of use of volunteers.  SAAs shall maintain documentation supporting any waiver granted under VOCA, at 34 U.S.C. 20103(b)(1)(C), relating to the use of volunteers by programs.\n\n(c)  Promotion of community efforts to aid crime victims.  Community served coordinated public and private efforts to aid crime victims may include, but are not limited to, serving on federal, State, local, or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses.\n\n(d)  Assistance to victims in applying for compensation.  Assistance to potential recipients of crime victim compensation benefits (including potential recipients who are victims of federal crime) in applying for such benefits may include, but are not limited to, referring such potential recipients to an organization that can so assist, identifying crime victims and advising them of the availability of such benefits, assisting such potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of such potential recipients with the crime victims' compensation program."], ["28:28:2.0.1.1.40.2.28.14", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.114 Prohibited discrimination.", "DOJ", "", "", "[81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023]", "(a) The VOCA non-discrimination provisions specified at 34 U.S.C. 20110(e) shall be implemented in accordance with 28 CFR part 42.\n\n(b) In complying with VOCA, at 34 U.S.C. 20110(e), as implemented by 28 CFR part 42, SAAs and sub-recipients shall comply with such guidance as may be issued from time to time by the Office for Civil Rights within the Office of Justice Programs."], ["28:28:2.0.1.1.40.2.28.15", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.115 Non-disclosure of confidential or private information.", "DOJ", "", "", "", "(a)  Confidentiality.  SAAs and sub-recipients of VOCA funds shall, to the extent permitted by law, reasonably protect the confidentiality and privacy of persons receiving services under this program and shall not disclose, reveal, or release, except pursuant to paragraphs (b) and (c) of this section\u2014\n\n(1) Any personally identifying information or individual information collected in connection with VOCA-funded services requested, utilized, or denied, regardless of whether such information has been encoded, encrypted, hashed, or otherwise protected; or\n\n(2) Individual client information, without the informed, written, reasonably time-limited consent of the person about whom information is sought, except that consent for release may not be given by the abuser of a minor, incapacitated person, or the abuser of the other parent of the minor. If a minor or a person with a legally appointed guardian is permitted by law to receive services without a parent's (or the guardian's) consent, the minor or person with a guardian may consent to release of information without additional consent from the parent or guardian.\n\n(b)  Release.  If release of information described in paragraph (a)(2) of this section is compelled by statutory or court mandate, SAAs or sub-recipients of VOCA funds shall make reasonable attempts to provide notice to victims affected by the disclosure of the information, and take reasonable steps necessary to protect the privacy and safety of the persons affected by the release of the information.\n\n(c)  Information sharing.  SAAs and sub-recipients may share\u2014\n\n(1) Non-personally identifying data in the aggregate regarding services to their clients and non-personally identifying demographic information in order to comply with reporting, evaluation, or data collection requirements;\n\n(2) Court-generated information and law-enforcement-generated information contained in secure governmental registries for protection order enforcement purposes; and\n\n(3) Law enforcement- and prosecution-generated information necessary for law enforcement and prosecution purposes.\n\n(d)  Personally identifying information.  In no circumstances may\u2014\n\n(1) A crime victim be required to provide a consent to release personally identifying information as a condition of eligibility for VOCA-funded services;\n\n(2) Any personally identifying information be shared in order to comply with reporting, evaluation, or data-collection requirements of any program;\n\n(e)  Mandatory reporting.  Nothing in this section prohibits compliance with legally mandated reporting of abuse or neglect."], ["28:28:2.0.1.1.40.2.29.16", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.116 Purpose of VOCA-funded projects.", "DOJ", "", "", "", "VOCA funds shall be available to sub-recipients only to provide direct services and supporting and administrative activities as set out in this subpart. SAAs shall ensure that VOCA sub-recipients obligate and expend funds in accordance with VOCA and this subpart. Sub-recipients must provide services to victims of federal crimes on the same basis as to victims of crimes under State or local law. Sub-recipients may provide direct services regardless of a victim's participation in the criminal justice process. Victim eligibility under this program for direct services is not dependent on the victim's immigration status."], ["28:28:2.0.1.1.40.2.29.17", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.117 Cost of services; sub-recipient program income.", "DOJ", "", "", "", "(a)  Cost of services.  Sub-recipients shall provide VOCA-funded direct services at no charge, unless the SAA grants a waiver allowing the sub-recipient to generate program income by charging for services. Program income, where allowed, shall be subject to federal grant rules and the requirements of the DOJ Grants Financial Guide, which, as of July 8, 2016, require in most cases that any program income be restricted to the same uses as the sub-award funds and expended during the grant period in which it is generated.\n\n(b)  Considerations for waiver.  In determining whether to grant a waiver under this section, the SAA should consider whether charging victims for services is consistent with the project's victim assistance objectives and whether the sub-recipient is capable of effectively tracking program income in accordance with financial accounting requirements."], ["28:28:2.0.1.1.40.2.29.18", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.118 Project match requirements.", "DOJ", "", "", "", "(a)  Project match amount.  Sub-recipients shall contribute ( i.e.,  match) not less than twenty percent (cash or in-kind) of the total cost of each project, except as provided in paragraph (b) of this section.\n\n(b)  Exceptions to project match requirement.  The following are not subject to the requirement set forth in paragraph (a) of this section:\n\n(1) Sub-recipients that are federally-recognized American Indian or Alaska Native tribes, or projects that operate on tribal lands;\n\n(2) Sub-recipients that are territories or possessions of the United States (except for the Commonwealth of Puerto Rico), or projects that operate therein; and\n\n(3) Sub-recipients other than those described in paragraphs (b)(1) and (2) of this section, that have applied (through their SAAs) for, and been granted, a full or partial waiver from the Director. Waiver requests must be supported by the SAA and justified in writing. Waivers are entirely at the Director's discretion, but the Director typically considers factors such as local resources, annual budget changes, past ability to provide match, and whether the funding is for new or additional activities requiring additional match versus continuing activities where match is already provided.\n\n(c)  Sources of project match.  Contributions under paragraph (a) of this section shall be derived from non-federal sources, except as may be provided in the DOJ Grants Financial Guide, and may include, but are not limited to, the following:\n\n(1)  Cash; i.e.,  the value of direct funding for the project;\n\n(2)  Volunteered professional or personal services,  the value placed on which shall be consistent with the rate of compensation (which may include fringe benefits) paid for similar work in the program, but if the similar work is not performed in the program, the rate of compensation shall be consistent with the rate found in the labor market in which the program competes;\n\n(3)  Materials/Equipment,  but the value placed on lent or donated equipment shall not exceed its fair market value;\n\n(4)  Space and facilities,  the value placed on which shall not exceed the fair rental value of comparable space and facilities as established by an independent appraisal of comparable space and facilities in a privately-owned building in the same locality; and\n\n(5)  Non-VOCA funded victim assistance activities,  including but not limited to, performing direct service, coordinating, or supervising those services, training victim assistance providers, or advocating for victims.\n\n(d)  Discounts.  Any reduction or discount provided to the sub-recipient shall be valued as the difference between what the sub-recipient paid and what the provider's nominal or fair market value is for the good or service.\n\n(e)  Use of project match.  Contributions under paragraph (a) of this section are restricted to the same uses, and timing deadlines for obligation and expenditure, as the project's VOCA funding.\n\n(f)  Recordkeeping for project match.  Each sub-recipient shall maintain records that clearly show the source and amount of the contributions under paragraph (a) of this section, and period of time for which such contributions were allocated. The basis for determining the value of personal services, materials, equipment, and space and facilities shall be documented. Volunteer services shall be substantiated by the same methods used by the sub-recipient for its paid employees (generally, this should include timesheets substantiating time worked on the project)."], ["28:28:2.0.1.1.40.2.30.19", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.119 Allowable direct service costs.", "DOJ", "", "", "", "Direct services for which VOCA funds may be used include, but are not limited to, the following:\n\n(a)  Immediate emotional, psychological, and physical health and safety \u2014Services that respond to immediate needs (other than medical care, except as allowed under paragraph (a)(9) of this section) of crime victims, including, but not limited to:\n\n(1) Crisis intervention services;\n\n(2) Accompanying victims to hospitals for medical examinations;\n\n(3) Hotline counseling;\n\n(4) Safety planning;\n\n(5) Emergency food, shelter, clothing, and transportation;\n\n(6) Short-term (up to 45 days) in-home care and supervision services for children and adults who remain in their own homes when the offender/caregiver is removed;\n\n(7) Short-term (up to 45 days) nursing-home, adult foster care, or group-home placement for adults for whom no other safe, short-term residence is available;\n\n(8) Window, door, or lock replacement or repair, and other repairs necessary to ensure a victim's safety;\n\n(9) Costs of the following, on an emergency basis ( i.e.,  when the State's compensation program, the victim's (or in the case of a minor child, the victim's parent's or guardian's) health insurance plan, Medicaid, or other health care funding source, is not reasonably expected to be available quickly enough to meet the emergency needs of a victim (typically within 48 hours of the crime): Non-prescription and prescription medicine, prophylactic or other treatment to prevent HIV/AIDS infection or other infectious disease, durable medical equipment (such as wheel-chairs, crutches, hearing aids, eyeglasses), and other healthcare items are allowed; and\n\n(10) Emergency legal assistance, such as for filing for restraining or protective orders, and obtaining emergency custody orders and visitation rights;\n\n(b)  Personal advocacy and emotional support \u2014Personal advocacy and emotional support, including, but not limited to:\n\n(1) Working with a victim to assess the impact of the crime;\n\n(2) Identification of victim's needs;\n\n(3) Case management;\n\n(4) Management of practical problems created by the victimization;\n\n(5) Identification of resources available to the victim;\n\n(6) Provision of information, referrals, advocacy, and follow-up contact for continued services, as needed; and\n\n(7) Traditional, cultural, and/or alternative therapy/healing ( e.g.,  art therapy, yoga);\n\n(c)  Mental health counseling and care \u2014Mental health counseling and care, including, but not limited to, out-patient therapy/counseling (including, but not limited to, substance-abuse treatment so long as the treatment is directly related to the victimization) provided by a person who meets professional standards to provide these services in the jurisdiction in which the care is administered;\n\n(d)  Peer-support \u2014Peer-support, including, but not limited to, activities that provide opportunities for victims to meet other victims, share experiences, and provide self-help, information, and emotional support;\n\n(e)  Facilitation of participation in criminal justice and other public proceedings arising from the crime \u2014The provision of services and payment of costs that help victims participate in the criminal justice system and in other public proceedings arising from the crime ( e.g.,  juvenile justice hearings, civil commitment proceedings), including, but not limited to:\u2014\n\n(1) Advocacy on behalf of a victim;\n\n(2) Accompanying a victim to offices and court;\n\n(3) Transportation, meals, and lodging to allow a victim who is not a witness to participate in a proceeding;\n\n(4) Interpreting for a non-witness victim who is deaf or hard of hearing, or with limited English proficiency;\n\n(5) Providing child care and respite care to enable a victim who is a caregiver to attend activities related to the proceeding;\n\n(6) Notification to victims regarding key proceeding dates ( e.g.,  trial dates, case disposition, incarceration, and parole hearings);\n\n(7) Assistance with Victim Impact Statements;\n\n(8) Assistance in recovering property that was retained as evidence; and\n\n(9) Assistance with restitution advocacy on behalf of crime victims.\n\n(f)  Legal assistance \u2014Legal assistance services (including, but not limited to, those provided on an emergency basis), where reasonable and where the need for such services arises as a direct result of the victimization. Such services include, but are not limited to:\n\n(1) Those (other than criminal defense) that help victims assert their rights as victims in a criminal proceeding directly related to the victimization, or otherwise protect their safety, privacy, or other interests as victims in such a proceeding;\n\n(2) Motions to vacate or expunge a conviction, or similar actions, where the jurisdiction permits such a legal action based on a person's being a crime victim; and\n\n(3) Those actions (other than tort actions) that, in the civil context, are reasonably necessary as a direct result of the victimization;\n\n(g)  Forensic medical evidence collection examinations \u2014Forensic medical evidence collection examinations for victims to the extent that other funding sources such as State appropriations are insufficient. Forensic medical evidence collection examiners are encouraged to follow relevant guidelines or protocols issued by the State or local jurisdiction. Sub-recipients are encouraged to provide appropriate crisis counseling and/or other types of victim services that are offered to the victim in conjunction with the examination. Sub-recipients are also encouraged to use specially trained examiners such as Sexual Assault Nurse Examiners;\n\n(h)  Forensic interviews \u2014Forensic interviews, with the following parameters:\n\n(1) Results of the interview will be used not only for law enforcement and prosecution purposes, but also for identification of needs such as social services, personal advocacy, case management, substance abuse treatment, and mental health services;\n\n(2) Interviews are conducted in the context of a multi-disciplinary investigation and diagnostic team, or in a specialized setting such as a child advocacy center; and\n\n(3) The interviewer is trained to conduct forensic interviews appropriate to the developmental age and abilities of children, or the developmental, cognitive, and physical or communication disabilities presented by adults.\n\n(i)  Transportation \u2014Transportation of victims to receive services and to participate in criminal justice proceedings;\n\n(j)  Public awareness \u2014Public awareness and education presentations (including, but not limited to, the development of presentation materials, brochures, newspaper notices, and public service announcements) in schools, community centers, and other public forums that are designed to inform crime victims of specific rights and services and provide them with (or refer them to) services and assistance.\n\n(k)  Transitional housing \u2014Subject to any restrictions on amount, length of time, and eligible crimes, set by the SAA, transitional housing for victims (generally, those who have a particular need for such housing, and who cannot safely return to their previous housing, due to the circumstances of their victimization), including, but not limited to, travel, rental assistance, security deposits, utilities, and other costs incidental to the relocation to such housing, as well as voluntary support services such as childcare and counseling; and\n\n(l)  Relocation \u2014Subject to any restrictions on amount, length of time, and eligible crimes, set by the SAA, relocation of victims (generally, where necessary for the safety and well-being of a victim), including, but not limited to, reasonable moving expenses, security deposits on housing, rental expenses, and utility startup costs."], ["28:28:2.0.1.1.40.2.30.20", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.120 Allowable costs for activities supporting direct services.", "DOJ", "", "", "", "Supporting activities for which VOCA funds may be used include, but are not limited to, the following:\n\n(a) Coordination  of activities \u2014Coordination activities that facilitate the provision of direct services, include, but are not limited to, State-wide coordination of victim notification systems, crisis response teams, multi-disciplinary teams, coalitions to support and assist victims, and other such programs, and salaries and expenses of such coordinators;\n\n(b)  Supervision of direct service providers \u2014Payment of salaries and expenses of supervisory staff in a project, when the SAA determines that such staff are necessary and effectively facilitate the provision of direct services;\n\n(c)  Multi-system, interagency, multi-disciplinary response to crime victim needs \u2014Activities that support a coordinated and comprehensive response to crime victims needs by direct service providers, including, but not limited to, payment of salaries and expenses of direct service staff serving on child and adult abuse multi-disciplinary investigation and treatment teams, coordination with federal agencies to provide services to victims of federal crimes and/or participation on Statewide or other task forces, work groups, and committees to develop protocols, interagency, and other working agreements;\n\n(d)  Contracts for professional services \u2014Contracting for specialized professional services ( e.g.,  psychological/psychiatric consultation, legal services, interpreters), at a rate not to exceed a reasonable market rate, that are not available within the organization;\n\n(e)  Automated systems and technology \u2014Subject to the provisions of the DOJ Grants Financial Guide and government-wide grant rules relating to acquisition, use and disposition of property purchased with federal funds, procuring automated systems and technology that support delivery of direct services to victims ( e.g.,  automated information and referral systems, email systems that allow communications among victim service providers, automated case-tracking and management systems, smartphones, computer equipment, and victim notification systems), including, but not limited to, procurement of personnel, hardware, and other items, as determined by the SAA after considering\u2014\n\n(1) Whether such procurement will enhance direct services;\n\n(2) How any acquisition will be integrated into and/or enhance the program's current system;\n\n(3) The cost of installation;\n\n(4) The cost of training staff to use the automated systems and technology;\n\n(5) The ongoing operational costs, such as maintenance agreements, supplies; and\n\n(6) How additional costs relating to any acquisition will be supported;\n\n(f)  Volunteer trainings \u2014Activities in support of training volunteers on how to provide direct services when such services will be provided primarily by volunteers; and\n\n(g)  Restorative justice \u2014Activities in support of opportunities for crime victims to meet with perpetrators, including, but not limited to, tribal community-led meetings and peace-keeping activities, if such meetings are requested or voluntarily agreed to by the victim (who may, at any point, withdraw) and have reasonably anticipated beneficial or therapeutic value to crime victims. SAAs that plan to fund this type of service should closely review the criteria for conducting these meetings, and are encouraged to discuss proposals with OVC prior to awarding VOCA funds for this type of activity. At a minimum, the following should be considered:\u2014\n\n(1) The safety and security of the victim;\n\n(2) The cost versus the benefit or therapeutic value to the victim;\n\n(3) The procedures for ensuring that participation of the victim and offenders are voluntary and that the nature of the meeting is clear;\n\n(4) The provision of appropriate support and accompaniment for the victim;\n\n(5) Appropriate debriefing opportunities for the victim after the meeting; and\n\n(6) The credentials of the facilitators."], ["28:28:2.0.1.1.40.2.30.21", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.121 Allowable sub-recipient administrative costs.", "DOJ", "", "", "", "Administrative costs for which VOCA funds may be used by sub-recipients include, but are not limited to, the following:\n\n(a)  Personnel costs \u2014Personnel costs that are directly related to providing direct services and supporting activities, such as staff and coordinator salaries expenses (including fringe benefits), and a prorated share of liability insurance;\n\n(b)  Skills training for staff \u2014Training exclusively for developing the skills of direct service providers, including paid staff and volunteers (both VOCA-funded and not), so that they are better able to offer quality direct services, including, but not limited to, manuals, books, videoconferencing, electronic training resources, and other materials and resources relating to such training.\n\n(c)  Training-related travel \u2014Training-related costs such as travel (in-State, regional, and national), meals, lodging, and registration fees for paid direct-service staff (both VOCA-funded and not);\n\n(d)  Organizational Expenses \u2014Organizational expenses that are necessary and essential to providing direct services and other allowable victim services, including, but not limited to, the prorated costs of rent; utilities; local travel expenses for service providers; and required minor building adaptations necessary to meet the Department of Justice standards implementing the Americans with Disabilities Act and/or modifications that would improve the program's ability to provide services to victims;\n\n(e)  Equipment and furniture \u2014Expenses of procuring furniture and equipment that facilitate the delivery of direct services ( e.g. , mobile communication devices, telephones, braille and TTY/TDD equipment, computers and printers, beepers, video cameras and recorders for documenting and reviewing interviews with children, two-way mirrors, colposcopes, digital cameras, and equipment and furniture for shelters, work spaces, victim waiting rooms, and children's play areas), except that the VOCA grant may be charged only the prorated share of an item that is not used exclusively for victim-related activities;\n\n(f)  Operating costs \u2014Operating costs include but are not limited to\u2014\n\n(1) Supplies;\n\n(2) Equipment use fees;\n\n(3) Property insurance;\n\n(4) Printing, photocopying, and postage;\n\n(5) Courier service;\n\n(6) Brochures that describe available services;\n\n(7) Books and other victim-related materials;\n\n(8) Computer backup files/tapes and storage;\n\n(9) Security systems;\n\n(10) Design and maintenance of Web sites and social media; and\n\n(11) Essential communication services, such as web hosts and mobile device services.\n\n(g)  VOCA administrative time \u2014Costs of administrative time spent performing the following:\n\n(1) Completing VOCA-required time and attendance sheets and programmatic documentation, reports, and statistics;\n\n(2) Collecting and maintaining crime victims' records;\n\n(3) Conducting victim satisfaction surveys and needs assessments to improve victim services delivery in the project; and\n\n(4) Funding the prorated share of audit costs.\n\n(h)  Leasing or purchasing vehicles \u2014Costs of leasing or purchasing vehicles, as determined by the SAA after considering, at a minimum, if the vehicle is essential to the provision of direct services;\n\n(i)  Maintenance, repair, or replacement of essential items \u2014Costs of maintenance, repair, and replacement of items that contribute to maintenance of a healthy or safe environment for crime victims (such as a furnace in a shelter; and routine maintenance, repair costs, and automobile insurance for leased vehicles), as determined by the SAA after considering, at a minimum, if other sources of funding are available; and\n\n(j)  Project evaluation \u2014Costs of evaluations of specific projects (in order to determine their effectiveness), within the limits set by SAAs."], ["28:28:2.0.1.1.40.2.30.22", 28, "Judicial Administration", "I", "", "94", "PART 94\u2014CRIME VICTIM SERVICES", "B", "Subpart B\u2014VOCA Victim Assistance Program", "", "\u00a7 94.122 Expressly unallowable sub-recipient costs.", "DOJ", "", "", "", "Notwithstanding any other provision of this subpart, no VOCA funds may be used to fund or support the following:\n\n(a)  Lobbying \u2014Lobbying or advocacy activities with respect to legislation or to administrative changes to regulations or administrative policy ( cf.  18 U.S.C. 1913), whether conducted directly or indirectly;\n\n(b)  Research and studies \u2014Research and studies, except for project evaluation under \u00a7 94.121(j);\n\n(c)  Active investigation and prosecution of criminal activities \u2014The active investigation and prosecution of criminal activity, except for the provision of victim assistance services ( e.g.,  emotional support, advocacy, and legal services) to crime victims, under \u00a7 94.119, during such investigation and prosecution;\n\n(d)  Fundraising \u2014Any activities related to fundraising, except for fee-based, or similar, program income authorized by the SAA under this subpart.\n\n(e)  Capital expenses \u2014Capital improvements; property losses and expenses; real estate purchases; mortgage payments; and construction (except as specifically allowed elsewhere in this subpart).\n\n(f)  Compensation for victims of crime \u2014Reimbursement of crime victims for expenses incurred as a result of a crime, except as otherwise allowed by other provisions of this subpart;\n\n(g)  Medical care \u2014Medical care, except as otherwise allowed by other provisions of this subpart; and\n\n(h)  Salaries and expenses of management \u2014Salaries, benefits, fees, furniture, equipment, and other expenses of executive directors, board members, and other administrators (except as specifically allowed elsewhere in this subpart)."], ["29:29:1.1.1.1.45.1.81.1", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "A", "Subpart A\u2014Purpose and Coverage", "", "\u00a7 94.100 What does this part do?", "DOL", "", "", "", "This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701  et seq.,  as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy."], ["29:29:1.1.1.1.45.1.81.2", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "A", "Subpart A\u2014Purpose and Coverage", "", "\u00a7 94.105 Does this part apply to me?", "DOL", "", "", "", "(a) Portions of this part apply to you if you are either\u2014\n\n(1) A recipient of an assistance award from the Department of Labor; or\n\n(2) A(n) Department of Labor awarding official. (See definitions of award and recipient in \u00a7\u00a7 94.605 and 94.660, respectively.)\n\n(b) The following table shows the subparts that apply to you:"], ["29:29:1.1.1.1.45.1.81.3", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "A", "Subpart A\u2014Purpose and Coverage", "", "\u00a7 94.110 Are any of my Federal assistance awards exempt from this part?", "DOL", "", "", "", "This part does not apply to any award that the Secretary of Labor or designee determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government."], ["29:29:1.1.1.1.45.1.81.4", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "A", "Subpart A\u2014Purpose and Coverage", "", "\u00a7 94.115 Does this part affect the Federal contracts that I receive?", "DOL", "", "", "", "It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in \u00a7 94.510(c). However, this part does not apply directly to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5)."], ["29:29:1.1.1.1.45.2.81.1", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.200 What must I do to comply with this part?", "DOL", "", "", "", "There are two general requirements if you are a recipient other than an individual.\n\n(a) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to\u2014\n\n(1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see \u00a7\u00a7 94.205 through 94.220); and\n\n(2) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see \u00a7 94.225).\n\n(b) Second, you must identify all known workplaces under your Federal awards (see \u00a7 94.230)."], ["29:29:1.1.1.1.45.2.81.2", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.205 What must I include in my drug-free workplace statement?", "DOL", "", "", "", "You must publish a statement that\u2014\n\n(a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace;\n\n(b) Specifies the actions that you will take against employees for violating that prohibition; and\n\n(c) Lets each employee know that, as a condition of employment under any award, he or she:\n\n(1) Will abide by the terms of the statement; and\n\n(2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction."], ["29:29:1.1.1.1.45.2.81.3", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.210 To whom must I distribute my drug-free workplace statement?", "DOL", "", "", "", "You must require that a copy of the statement described in \u00a7 94.205 be given to each employee who will be engaged in the performance of any Federal award."], ["29:29:1.1.1.1.45.2.81.4", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.215 What must I include in my drug-free awareness program?", "DOL", "", "", "", "You must establish an ongoing drug-free awareness program to inform employees about\u2014\n\n(a) The dangers of drug abuse in the workplace;\n\n(b) Your policy of maintaining a drug-free workplace;\n\n(c) Any available drug counseling, rehabilitation, and employee assistance programs; and\n\n(d) The penalties that you may impose upon them for drug abuse violations occurring in the workplace."], ["29:29:1.1.1.1.45.2.81.5", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program?", "DOL", "", "", "", "If you are a new recipient that does not already have a policy statement as described in \u00a7 94.205 and an ongoing awareness program as described in \u00a7 94.215, you must publish the statement and establish the program by the time given in the following table:"], ["29:29:1.1.1.1.45.2.81.6", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.225 What actions must I take concerning employees who are convicted of drug violations in the workplace?", "DOL", "", "", "", "There are two actions you must take if an employee is convicted of a drug violation in the workplace:\n\n(a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by \u00a7 94.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must_\n\n(1) Be in writing;\n\n(2) Include the employee's position title;\n\n(3) Include the identification number(s) of each affected award;\n\n(4) Be sent within ten calendar days after you learn of the conviction; and\n\n(5) Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices.\n\n(b) Second, within 30 calendar days of learning about an employee's conviction, you must either_\n\n(1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or\n\n(2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency."], ["29:29:1.1.1.1.45.2.81.7", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "B", "Subpart B\u2014Requirements for Recipients Other Than Individuals", "", "\u00a7 94.230 How and when must I identify workplaces?", "DOL", "", "", "", "(a) You must identify all known workplaces under each Department of Labor award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces_\n\n(1) To the Department of Labor official that is making the award, either at the time of application or upon award; or\n\n(2) In documents that you keep on file in your offices during the performance of the award, in which case you must make the information available for inspection upon request by Department of Labor officials or their designated representatives.\n\n(b) Your workplace identification for an award must include the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Categorical descriptions may be used ( e.g.,  all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios).\n\n(c) If you identified workplaces to the Department of Labor awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the Department of Labor awarding official."], ["29:29:1.1.1.1.45.3.81.1", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "C", "Subpart C\u2014Requirements for Recipients Who Are Individuals", "", "\u00a7 94.300 What must I do to comply with this part if I am an individual recipient?", "DOL", "", "", "", "As a condition of receiving a(n) Department of Labor award, if you are an individual recipient, you must agree that\u2014\n\n(a) You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and\n\n(b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction:\n\n(1) In writing.\n\n(2) Within 10 calendar days of the conviction.\n\n(3) To the Department of Labor awarding official or other designee for each award that you currently have, unless \u00a7 94.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award."], ["29:29:1.1.1.1.45.3.81.2", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "C", "Subpart C\u2014Requirements for Recipients Who Are Individuals", "", "\u00a7 94.301 [Reserved]", "DOL", "", "", "", ""], ["29:29:1.1.1.1.45.4.81.1", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "D", "Subpart D\u2014Responsibilities of Department of Labor Awarding Officials", "", "\u00a7 94.400 What are my responsibilities as a(n) Department of Labor awarding official?", "DOL", "", "", "", "As a(n) Department of Labor awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in\u2014\n\n(a) Subpart B of this part, if the recipient is not an individual; or\n\n(b) Subpart C of this part, if the recipient is an individual."], ["29:29:1.1.1.1.45.5.81.1", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "E", "Subpart E\u2014Violations of this Part and Consequences", "", "\u00a7 94.500 How are violations of this part determined for recipients other than individuals?", "DOL", "", "", "", "A recipient other than an individual is in violation of the requirements of this part if the Secretary of Labor or designee determines, in writing, that\u2014\n\n(a) The recipient has violated the requirements of subpart B of this part; or\n\n(b) The number of convictions of the recipient's employees for violating criminal drug statutes in the workplace is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace."], ["29:29:1.1.1.1.45.5.81.2", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "E", "Subpart E\u2014Violations of this Part and Consequences", "", "\u00a7 94.505 How are violations of this part determined for recipients who are individuals?", "DOL", "", "", "", "An individual recipient is in violation of the requirements of this part if the Secretary of Labor or designee determines, in writing, that\u2014\n\n(a) The recipient has violated the requirements of subpart C of this part; or\n\n(b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity."], ["29:29:1.1.1.1.45.5.81.3", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "E", "Subpart E\u2014Violations of this Part and Consequences", "", "\u00a7 94.510 What actions will the Federal Government take against a recipient determined to have violated this part?", "DOL", "", "", "", "If a recipient is determined to have violated this part, as described in \u00a7 94.500 or \u00a7 94.505, the Department of Labor may take one or more of the following actions\u2014\n\n(a) Suspension of payments under the award;\n\n(b) Suspension or termination of the award; and\n\n(c) Suspension or debarment of the recipient under 29 CFR part 98, for a period not to exceed five years."], ["29:29:1.1.1.1.45.5.81.4", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "E", "Subpart E\u2014Violations of this Part and Consequences", "", "\u00a7 94.515 Are there any exceptions to those actions?", "DOL", "", "", "", "The Secretary of Labor or designee may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the Secretary of Labor or designee determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official."], ["29:29:1.1.1.1.45.6.81.1", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.605 Award.", "DOL", "", "", "", "Award  means an award of financial assistance by the Department of Labor or other Federal agency directly to a recipient.\n\n(a) The term award includes:\n\n(1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money.\n\n(2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 29 CFR part 97 that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements.\n\n(b) The term award does not include:\n\n(1) Technical assistance that provides services instead of money.\n\n(2) Loans.\n\n(3) Loan guarantees.\n\n(4) Interest subsidies.\n\n(5) Insurance.\n\n(6) Direct appropriations.\n\n(7) Veterans' benefits to individuals ( i.e.,  any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States)."], ["29:29:1.1.1.1.45.6.81.10", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.650 Grant.", "DOL", "", "", "", "Grant  means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship\u2014\n\n(a) The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and\n\n(b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award."], ["29:29:1.1.1.1.45.6.81.11", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.655 Individual.", "DOL", "", "", "", "Individual  means a natural person."], ["29:29:1.1.1.1.45.6.81.12", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.660 Recipient.", "DOL", "", "", "", "Recipient  means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency."], ["29:29:1.1.1.1.45.6.81.13", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.665 State.", "DOL", "", "", "", "State  means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States."], ["29:29:1.1.1.1.45.6.81.14", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.670 Suspension.", "DOL", "", "", "", "Suspension  means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award."], ["29:29:1.1.1.1.45.6.81.2", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.610 Controlled substance.", "DOL", "", "", "", "Controlled substance  means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15."], ["29:29:1.1.1.1.45.6.81.3", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.615 Conviction.", "DOL", "", "", "", "Conviction  means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes."], ["29:29:1.1.1.1.45.6.81.4", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.620 Cooperative agreement.", "DOL", "", "", "", "Cooperative agreement  means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in \u00a7 94.650), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a."], ["29:29:1.1.1.1.45.6.81.5", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.625 Criminal drug statute.", "DOL", "", "", "", "Criminal drug statute  means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance."], ["29:29:1.1.1.1.45.6.81.6", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.630 Debarment.", "DOL", "", "", "", "Debarment  means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689."], ["29:29:1.1.1.1.45.6.81.7", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.635 Drug-free workplace.", "DOL", "", "", "", "Drug-free workplace  means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance."], ["29:29:1.1.1.1.45.6.81.8", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.640 Employee.", "DOL", "", "", "", "(a)  Employee  means the employee of a recipient directly engaged in the performance of work under the award, including\u2014\n\n(1) All direct charge employees;\n\n(2) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and\n\n(3) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll.\n\n(b) This definition does not include workers not on the payroll of the recipient ( e.g.,  volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces)."], ["29:29:1.1.1.1.45.6.81.9", 29, "Labor", "", "", "94", "PART 94\u2014GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)", "F", "Subpart F\u2014Definitions", "", "\u00a7 94.645 Federal agency or agency.", "DOL", "", "", "", "Federal agency or agency  means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency."], ["40:40:22.0.1.1.10.0.1.1", 40, "Protection of Environment", "I", "C", "94", "PART 94\u2014CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES", "", "", "", "\u00a7 94.1 Applicability.", "EPA", "", "", "", "The Environmental Protection Agency adopted emission standards for model year 2004 and later marine compression-ignition engines under this part. EPA has migrated regulatory requirements for these engines to 40 CFR part 1042, with additional testing and compliance provisions in 40 CFR parts 1065 and 1068. The Tier 1 and Tier 2 standards originally adopted in this part are identified in 40 CFR part 1042, appendix I. See 40 CFR 1042.1 for information regarding the timing of the transition to 40 CFR part 1042, and for information regarding regulations that continue to apply for engines that manufacturers originally certified or otherwise produced under this part."], ["40:40:22.0.1.1.10.0.1.2", 40, "Protection of Environment", "I", "C", "94", "PART 94\u2014CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES", "", "", "", "\u00a7\u00a7 94.2 through 94.3 [Reserved]", "EPA", "", "", "", ""], ["7:7:3.1.1.3.21.1.289.1", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "A", "Subpart A\u2014Mandatory Analyses of Egg Products", "", "\u00a7 94.1 General.", "AMS", "", "", "", "Microbiological, chemical, and physical analysis of liquid, frozen, and dried egg products is performed under authority of the Egg Products Inspection Act (21 U.S.C. 1031-1056)."], ["7:7:3.1.1.3.21.1.289.2", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "A", "Subpart A\u2014Mandatory Analyses of Egg Products", "", "\u00a7 94.2 Definitions.", "AMS", "", "", "[58 FR 42428, Aug. 9, 1993, as amended at 65 FR 64318, Oct. 26, 2000]", "Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this subpart, unless the context requires otherwise, the following terms will be construed to mean:\n\nEgg.  The shell egg of the domesticated chicken, turkey, duck, goose, or guinea. Some of the terms applicable to shell eggs are defined by the AMS Poultry Programs in 7 CFR 57.5.\n\nEgg product.  Any dried, frozen, or liquid eggs, with or without added ingredients. However, products which contain eggs only in a relatively small proportion or historically have not been, in the judgment of the Secretary, considered by consumers as products of the egg food industry may be exempted by the Secretary under such conditions as may be prescribed to assure that the egg ingredients are not adulterated and such products are not represented as egg products. Some of the products exempted as not being egg products are specified by the AMS Poultry Programs in 7 CFR 57.5.\n\nMandatory sample.  An official sample of egg product(s) taken for testing under authority of the Egg Products Inspection Act (21 U.S.C. 1031-1056) for analysis by a United States Department of Agriculture, Agricultural Marketing Service, Science and Technology laboratory at government expense. A mandatory sample shall include an egg product sample to be analyzed for microbiological, chemical, or physical attributes. A mandatory egg product sample analyzed for the presence of  Salmonella  is also referred to as a confirmation sample as specified by the Food Safety and Inspection Service agency of USDA in 9 CFR 590.580, paragraph (d).\n\nOfficial plant.  Any plant, as determined by the Secretary, at which the U.S. Department of Agriculture maintains inspection of the processing of egg products under the authority of the Egg Products Inspection Act.\n\nPasteurize.  The subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms by such processes as may be prescribed by the regulations in the EPIA.\n\nPesticide chemical, food additive, color additive, and raw agricultural commodity.  These terms shall have the same meaning for purposes of this subpart as under sections 408, 409, and 706 of the Federal Food, Drug, and Cosmetic Act.\n\nPlant.  Any place of business where egg products are processed.\n\nProcessing.  Manufacturing of egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products at official plants."], ["7:7:3.1.1.3.21.1.289.3", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "A", "Subpart A\u2014Mandatory Analyses of Egg Products", "", "\u00a7 94.3 Analyses performed and locations of laboratories.", "AMS", "", "", "[58 FR 42428, Aug. 9, 1993, as amended at 59 FR 24325, May 10, 1994; 59 FR 50121, Sept. 30, 1994; 65 FR 64318, Oct. 26, 2000]", "(a) Samples drawn by a USDA egg products inspector will be analyzed by AMS Science and Technology (S&T) personnel for microbiological, chemical, and physical attributes. The analytical results of these samples will be reported to the resident egg products inspector at the applicable plant on the official certificate.\n\n(b) Mandatory egg product samples for  Salmonella  are required and are analyzed in S&T laboratories to spot check and confirm the adequacy of USDA approved and recognized laboratories for analyzing routine egg product samples for  Salmonella.\n\n(c) Mandatory egg product samples for chlorinated hydrocarbons are required and are submitted by the plant inspectors on a random basis. These samples screen for pesticide residues and industrial chemical contaminants in egg products.\n\n(d) Samples are drawn by a USDA egg products inspector to determine potential adulteration. These egg product samples may be analyzed for extraneous material, color, color additive, pesticide, heavy metal, microorganism, dextrin, or other substance.\n\n(e) The AMS Science and Technology's Eastern Laboratory shall conduct the majority of laboratory analyses for egg products. The analyses for mandatory egg product samples are performed at the following USDA location: USDA, AMS, Science & Technology, Eastern Laboratory (Microbiology), 2311-B Aberdeen Boulevard, Gastonia, NC 28054-0614."], ["7:7:3.1.1.3.21.1.289.4", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "A", "Subpart A\u2014Mandatory Analyses of Egg Products", "", "\u00a7 94.4 Analytical methods.", "AMS", "", "", "[65 FR 64318, Oct. 26, 2000]", "The majority of analytical methods used by the USDA laboratories to perform mandatory analyses for egg products are listed as follows:\n\n(a) Compendium Methods for the Microbiological Examination of Foods, Carl Vanderzant and Don Splittstoesser (Editors), American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005.\n\n(b) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY 10159-0945.\n\n(c) FDA Bacteriological Analytical Manual (BAM), AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.\n\n(d) Manual of Analytical Methods for the Analysis of Pesticide Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. Environmental Protection Agency (EPA) Chemical Exposure Research Branch, EPA Office of Research and Development (ORD), 26 West Martin Luther King Drive, Cincinnati, Ohio 45268.\n\n(e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.\n\n(f) Standard Methods for the Examination of Dairy Products, American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005.\n\n(g) Standard Methods for the Examination of Water and Wastewater, American Public Health Association (APHA), the American Water Works Association (AWWA) and the Water Pollution Control Federation, AWWA Bookstore, 6666 West Quincy Avenue, Denver, CO 80235.\n\n(h) Test Methods for Evaluating Solid Waste Physical/Chemical Methods, Environmental Protection Agency, Office of Solid Waste, SW-846 Integrated Manual (available from National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161).\n\n(i) U.S. Food and Drug Administration, Pesticide Analytical Manuals (PAM), Volumes I and II, Food and Drug Administration, Center for Food Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 20204 (available from National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161)."], ["7:7:3.1.1.3.21.1.289.5", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "A", "Subpart A\u2014Mandatory Analyses of Egg Products", "", "\u00a7 94.5 Charges for laboratory service.", "AMS", "", "", "", "The costs for analysis of mandatory egg product samples at Science and Technology Division laboratories shall be paid by annually appropriated and designated funds allocated to the egg products inspection program. The costs for any other mandatory laboratory analyses and testing of an egg product's identity and condition, necessitated by the Egg Products Inspection Act, shall also be paid by such program funding."], ["7:7:3.1.1.3.21.2.289.1", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "B", "Subpart B\u2014Voluntary Analyses of Egg Products", "", "\u00a7 94.100 General.", "AMS", "", "", "", "Analyses for voluntary egg product samples may be requested to certify that specifications regarding stated identity, quality, and wholesomeness are met; to test routinely for the presence of  Salmonella;  and to ensure laboratory quality control with testing activities."], ["7:7:3.1.1.3.21.2.289.2", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "B", "Subpart B\u2014Voluntary Analyses of Egg Products", "", "\u00a7 94.101 Definitions.", "AMS", "", "", "", "Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this part, unless the context requires otherwise, the following terms will be construed to mean:\n\nCertification sample.  An egg product sample submitted by an applicant for chemical, physical, or microbiological analyses and tests at a Science and Technology Division laboratory. This voluntary sample is analyzed or tested by the Division's analyst or scientist to certify that an egg product lot meets applicable specifications for identity, quality, and wholesomeness.\n\nSurveillance sample.  This is a 100 gram sample for  Salmonella  analysis that is drawn by the USDA egg product inspector from each lot of egg product processed at an official plant. This sample may be analyzed by a Science and Technology Division laboratory, or by a laboratory approved and recognized by the Division to analyze for  Salmonella  in egg products.\n\nUnofficial sample.  These samples of egg products are drawn by plant personnel upon the request of plant management. Analyses of these samples are usually conducted for the plant's refractometer correlation, bacteriological evaluation of production techniques, or quality control of procedures. Official plant or Science and Technology Division laboratories can analyze these samples."], ["7:7:3.1.1.3.21.2.289.3", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "B", "Subpart B\u2014Voluntary Analyses of Egg Products", "", "\u00a7 94.102 Analyses available.", "AMS", "", "", "", "A wide array of analyses for voluntary egg product samples is available. Voluntary egg product samples include surveillance, certification, and unofficial samples. The physical and chemical tests for voluntary egg products include analyses for total ash, fat by acid hydrolysis, moisture, salt, protein, beta-carotene, catalase, cholesterol, NEPA color, density, total solids, aflatoxin, daminozide and amitraz residues, BHA, BHT, alcohol, chlorinated hydrocarbon and fumigant residues, dextrin, heavy and light filth, glucose, glycerol and gums. In addition, egg products can be analyzed for high sucrose content, pH, heavy metals and minerals, monosodium dihydrogen phosphate, monosodium glutamate, nitrites, oxygen, palatability and odor, phosphorus, propylene glycol, SLS, and zeolex. There are also be tests for starch, total sugars, sugar profile, whey, standard plate count, direct microscopic count,  Campylobacter,  coliforms, presumptive  Escherichia  coli,  Listeria  monocytogenes, proteolytic count, psychrotrophic bacteria,  Salmonella, Staphylococcus,  thermoduric bacteria, and yeast with mold count."], ["7:7:3.1.1.3.21.2.289.4", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "B", "Subpart B\u2014Voluntary Analyses of Egg Products", "", "\u00a7 94.103 Analytical methods.", "AMS", "", "", "", "The analytical methods used by the Science and Technology Division laboratories to perform voluntary analyses for egg products shall be the same as listed in \u00a7 94.4."], ["7:7:3.1.1.3.21.2.289.5", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "B", "Subpart B\u2014Voluntary Analyses of Egg Products", "", "\u00a7 94.104 Fees and charges.", "AMS", "", "", "", "(a) The fee charged for any single laboratory analysis of voluntary egg product samples shall be obtained from the schedules of charges in paragraph (a) of \u00a7 91.37 of this subchapter.\n\n(b) The charge for any requested laboratory analysis not listed shall be based on the standard hourly rate specified in \u00a7 91.37, paragraph (b)."], ["7:7:3.1.1.3.21.3.289.1", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "C", "Subpart C\u2014Salmonella Laboratory Recognition Program", "", "\u00a7 94.200 [Reserved]", "AMS", "", "", "", ""], ["7:7:3.1.1.3.21.4.289.1", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "D", "Subpart D\u2014Processed Poultry Products", "", "\u00a7 94.300 General.", "AMS", "", "", "", "Laboratory services of processed poultry products are conducted to derive their analytical attributes used to determine the compliance of the product with applicable specifications."], ["7:7:3.1.1.3.21.4.289.2", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "D", "Subpart D\u2014Processed Poultry Products", "", "\u00a7 94.301 Definitions.", "AMS", "", "", "", "Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this subpart, unless the context requires otherwise, the following terms will be construed to mean:\n\nDark meat.  Refers to the skinless and deboned drumstick, thigh, and back portions of poultry.\n\nLight meat.  Refers to the skinless and deboned breast and wing portions of poultry.\n\nPoultry.  Any kind of domesticated bird, including, but not limited to, chicken, turkey, duck, goose, pigeon, and guinea.\n\nPoultry product.  Any ready-to-cook poultry carcass or part therefrom or any specified poultry food product."], ["7:7:3.1.1.3.21.4.289.3", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "D", "Subpart D\u2014Processed Poultry Products", "", "\u00a7 94.302 Analyses available and locations of laboratories.", "AMS", "", "", "", "(a) The Science and Technology Division laboratories will analyze processed poultry products for moisture, fat, salt, protein, nitrites, and added citric acid.\n\n(b) Deboned poultry for roasting will have the individual dark meat, light meat, and skin portions tumbled separately in the natural juices prior to grinding. The skin, light meat, and dark meat portion weight percentages of the total product are determined. The ground skin, ground dark meat, and ground light meat portions will be analyzed separately for moisture, protein, salt, and fat. Moisture to protein ratios will be reported also for the individual portions of poultry.\n\n(c) Canned boned poultry for a variety of USDA programs will be tested as a total can composite of the canned product for moisture, fat, salt, and protein analyses. Additional poultry commodities and related products for specific USDA sponsored programs will be tested for different chemical and physical attributes.\n\n(d) Microbiological analyses, as the  Salmonella  determination, are available for poultry products.\n\n(e) The majority of analyses for processed poultry products shall be performed at the Science and technology Division Eastern Laboratory, as indicated in paragraph (e) of \u00a7 94.3."], ["7:7:3.1.1.3.21.4.289.4", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "D", "Subpart D\u2014Processed Poultry Products", "", "\u00a7 94.303 Analytical methods.", "AMS", "", "", "[61 FR 51352, Oct. 2, 1996]", "The analytical methods used by the USDA laboratories to perform analyses for processed poultry products are found in the latest edition of the Official Methods of Analysis of AOAC INTERNATIONAL, Suite 500, 481 North Frederick Avenue, Gaithersburg, MD 20877-2417."], ["7:7:3.1.1.3.21.4.289.5", 7, "Agriculture", "I", "E", "94", "PART 94\u2014POULTRY AND EGG PRODUCTS", "D", "Subpart D\u2014Processed Poultry Products", "", "\u00a7 94.304 Fees and charges.", "AMS", "", "", "", "(a) The fee charged for any single laboratory analysis of processed poultry products shall be obtained from the schedules of charges in paragraph (a) of \u00a7 91.37 of this subchapter.\n\n(b) The laboratory analyses for processed poultry products shall result in an additional fee, found in Table 7 of \u00a7 91.37 of this subchapter, for sample preparation or grinding.\n\n(c) The charge for any requested laboratory analysis of processed poultry products not listed shall be based on the standard hourly rate specified in \u00a7 91.37 (b) of this subchapter."], ["9:9:1.0.1.4.35.0.74.1", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.0 Definitions.", "APHIS", "", "", "[52 FR 33801, Sept. 8, 1987]", "As used in this part, the following terms shall have the meanings set forth in this section.\n\nAdministrator.  The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.\n\nAnimal and Plant Health Inspection Service.  The Animal and Plant Health Inspection Service, of the United States Department of Agriculture (APHIS.)\n\nAPHIS-defined European CSF region.  A single region of Europe recognized by APHIS as low risk for classical swine fever.\n\n(1) A list of areas included in the region is maintained on the APHIS website at  https://www.aphis.usda.gov/animalhealth/disease-status-of-regions.  Copies of the list are also available via postal mail or email upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(2) APHIS will add an area to the region after it conducts an evaluation of the area to be added in accordance with \u00a7 92.2 of this subchapter and finds that the risk profile for the area is equivalent with respect to classical swine fever to the risk profile for the region it is joining.\n\nAPHIS-defined European Poultry Trade Region.  A single region consisting of Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain (England, Scotland, and Wales), Greece, Hungary, Ireland (Republic of), Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Northern Ireland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.\n\nAPHIS representative.  An individual employed by Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to perform the function involved.\n\nApproved establishment  means an establishment authorized by Veterinary Services for the receipt and handling of restricted imported animal carcasses, products, and byproducts.\n\nAuthorized inspector.  Any individual authorized by the Administrator of APHIS or the Commissioner of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this part.\n\nBirds.  All members of the class Aves (other than poultry or game birds).\n\nBovine. Bos taurus, Bos indicus,  and  Bison bison.\n\nBovine spongiform encephalopathy (BSE) minimal-risk region. A region that:\n\n(1) Maintains, and, in the case of regions where BSE was detected, had in place prior to the detection of BSE in an indigenous ruminant, risk mitigation measures adequate to prevent widespread exposure and/or establishment of the disease. Such measures include the following:\n\n(i) Restrictions on the importation of animals sufficient to minimize the possibility of infected ruminants being imported into the region, and on the importation of animal products and animal feed containing ruminant protein sufficient to minimize the possibility of ruminants in the region being exposed to BSE;\n\n(ii) Surveillance for BSE at levels that meet or exceed recommendations of the World Organization for Animal Health (Office International des Epizooties) for surveillance for BSE; and\n\n(iii) A ruminant-to-ruminant feed ban that is in place and is effectively enforced.\n\n(2) In regions where BSE was detected, conducted an epidemiological investigation following detection of BSE sufficient to confirm the adequacy of measures to prevent the further introduction or spread of BSE, and continues to take such measures.\n\n(3) In regions where BSE was detected, took additional risk mitigation measures, as necessary, following the BSE outbreak based on risk analysis of the outbreak, and continues to take such measures.\n\nCold spot.  The area in a flexible plastic cooking tube or other type of container loaded with meat product, or the areas at various points along the belt in an oven chamber, slowest to reach the required temperature during the cooking process. The cold spot(s) for each container is experimentally determined before the cooking process begins, and once identified, remains constant.\n\nCommercial birds.  Birds that are imported for resale, breeding, public display, or any other purpose, except pet birds, zoological birds, research birds, or performing or theatrical birds.\n\nCommercial poultry.  Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys (including eggs for hatching) which are imported for resale, breeding, public display, or any other commercial purpose.\n\nContact.  Known or potential commingling of products during processing or storage, or while being transported from any point to any other point. Contact includes the simultaneous processing in the same room, locker, or container, but not necessarily the same storage facility or conveyance, as long as adequate security measures are taken to prevent commingling, as determined by an authorized APHIS representative.\n\nContainer.  For the purposes of \u00a7 94.1(c) and \u00a7 94.16(c), this term means a receptacle, sometimes refrigerated, which is designed to be filled with cargo, sealed, and then moved, without unsealing or unloading, aboard a variety of different transporting carriers.\n\nDepartment.  The United States Department of Agriculture (USDA, Department).\n\nDirect transloading.  The transfer of cargo directly from one means of conveyance to another.\n\nExporting region.  A region from which shipments are sent to the United States.\n\nFarm equipment.  Equipment used in the production of livestock or crops, including, but not limited to, mowers, harvesters, loaders, slaughter machinery, agricultural tractors, farm engines, farm trailers, farm carts, and farm wagons, but excluding automobiles and trucks.\n\nFlock of origin.  The flock in which the eggs were produced.\n\nFood Safety and Inspection Service.  The Food Safety and Inspection Service (FSIS) of the United States Department of Agriculture.\n\nFSIS inspector.  An individual authorized by the Administrator, Food Safety and Inspection Service, United States Department of Agriculture, to perform the function involved.\n\nGame birds.  Migratory birds, including certain ducks, geese, pigeons, and doves (\u201cmigratory\u201d refers to seasonal flight to and from the United States); free-flying quail, wild grouse, wild pheasants (as opposed to those that are commercial, domestic, or pen-raised).\n\nHighly pathogenic avian influenza (HPAI).  Highly pathogenic avian influenza is defined as follows:\n\n(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 or inoculation of 10 susceptible 4- to 8-week-old chickens resulting in an intravenous pathogenicity index (IVPI) of greater than 1.2;\n\n(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 haemagglutinin cleavage site that is compatible with highly pathogenic avian influenza viruses; or\n\n(3) Any influenza virus that is not an H5 or H7 subtype and that kills one to five out of eight inoculated chickens and grows in cell culture in the absence of trypsin within 10 days.\n\nHouse.  A structure, enclosed by walls and a roof, in which poultry are raised.\n\nImmediate export.  The period of time determined by APHIS, based on shipping routes and timetables, to be the shortest practicable interval of time between the arrival in the United States of an incoming carrier and the departure from the United States of an outgoing carrier, to transport a consignment of products.\n\nImport (imported, importation) into the United States.  To bring into the territorial limits of the United States.\n\nIndicator piece.  A cube or slice of meat to be used for the pink juice test, required to meet minimum size specifications.\n\nMechanically separated meat.  A finely comminuted product resulting from the mechanical separation and removal of most of the bone from attached skeletal muscle of bovine carcasses that meets the FSIS specifications contained in 9 CFR 319.5.\n\nNewcastle disease.  Newcastle disease is an acute, rapidly spreading, and usually fatal viral infection of poultry caused by an avian paramyxovirus serotype 1 that meets one of the following criteria for virulence: The virus has an intracerebral pathogenicity index (ICPI) in day-old chicks ( Gallus gallus ) of 0.7 or greater; or multiple basic amino acids have been demonstrated in the virus (either directly or by deduction) at the C-terminus of the F2 protein and phenylalanine at residue 117, which is the N-terminus of the F1 protein. The term \u201cmultiple basic amino acids\u201d refers to at least three arginine or lysine residues between residues 113 and 116. In this definition, amino acid residues are numbered from the N-terminus of the amino acid sequence deduced from the nucleotide sequence of the F0 gene; 113-116 corresponds to residues \u22124 to \u22121 from the cleavage site. Failure to demonstrate the characteristic pattern of amino acid residues as described above may require characterization of the isolated virus by an ICPI test. A failure to detect a cleavage site that is consistent with virulent strains does not confirm the absence of a virulent virus.\n\nOperator.  The operator responsible for the day-to-day operations of a facility.\n\nPersonal use.  Only for personal consumption or display and not distributed further or sold.\n\nPink juice test.  Determination of whether meat has been thoroughly cooked by observation of whether the flesh and juices have lost all red and pink color.\n\nPort of arrival.  Any place in the United States at which a product or article arrives, unless the product or article remains on the means of conveyance on which it arrived within the territorial limits of the United States.\n\nPositive for a transmissible spongiform encephalopathy.  A sheep or goat for which a diagnosis of a transmissible spongiform encephalopathy has been made.\n\nPoultry.  Chickens, turkeys, swans, partridges, guinea fowl, pea fowl; nonmigratory ducks, geese, pigeons, and doves; commercial, domestic, or pen-raised grouse, pheasants, and quail.\n\nProcessed animal protein.  Meat meal, bone meal, meat-and-bone meal, blood meal, dried plasma and other blood products, hydrolyzed protein, hoof meal, horn meal, poultry meal, feather meal, fish meal, and any other similar products.\n\nPremises of origin.  The premises where the flock of origin is kept.\n\nRegion.  Any defined geographic land area identifiable by geological, political, or surveyed boundaries. A region may consist of any of the following:\n\n(1) A national entity (country);\n\n(2) Part of a national entity (zone, county, department, municipality, parish, Province, State, etc.)\n\n(3) Parts of several national entities combined into an area; or\n\n(4) A group of national entities (countries) combined into a single area.\n\nRegion of origin.  For meat and meat products, the region in which the animal from which the meat or meat products were derived was born, raised and slaughtered; and for eggs, the region in which the eggs were laid.\n\nRestricted zone for classical swine fever.  An area, delineated by the relevant competent veterinary authorities of the region in which the area is located, that surrounds and includes the location of an outbreak of classical swine fever in domestic swine or detection of the disease in wild boar, and from which the movement of domestic swine is prohibited.\n\nRuminants.  All animals that chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.\n\nSentinel bird.  A chicken that has been raised in an environment free of pathogens that cause communicable diseases of poultry and that has not been infected with, exposed to, or immunized with any strain of virus that causes Newcastle disease.\n\nSpecified risk materials (SRMs) from regions of controlled risk for BSE.  Those bovine parts considered to be at particular risk of containing the BSE agent in infected animals, as listed in the FSIS regulations at 9 CFR 310.22(a).\n\nSpecified risk materials (SRMs) from regions of undetermined risk for BSE.  Those bovine parts considered to be at particular risk of containing the BSE agent in infected animals, as listed in the FSIS regulations at 9 CFR 310.22(a), except that the following bovine parts from regions of undetermined risk for BSE are considered SRMs if they are derived from bovines over 12 months of age: Brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and the dorsal root ganglia.\n\nState.  Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.\n\nSuspect for a transmissible spongiform encephalopathy.  (1) A sheep or goat that has tested positive for a transmissible spongiform encephalopathy or for the proteinase resistant protein associated with a transmissible spongiform encephalopathy, unless the animal is designated as positive for a transmissible spongiform encephalopathy; or\n\n(2) A sheep or goat that exhibits any of the following signs and that has been determined to be suspicious for a transmissible spongiform encephalopathy by a veterinarian: Weight loss despite retention of appetite; behavior abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden movement; tremor, \u201cstar gazing,\u201d head pressing, recumbency, or other signs of neurological disease or chronic wasting.\n\nTemperature indicator device (TID).  A precalibrated temperature-measuring instrument containing a chemical compound activated at a specific temperature (the melting point of the chemical compound) identical to the processing temperature that must be reached by the meat being cooked. The Administrator will approve a TID for use after determining that the chemical compound in the device is activated at the specific temperature required.\n\nThoroughly cooked.  Heated sufficiently to inactivate any pathogen that may be present, as indicated by the required TID or pink juice test.\n\nUnited States.  All of the States.\n\nVeterinarian in Charge.  The veterinary official of the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is assigned by the Administrator to supervise and perform the official animal health work of the Animal and Plant Health Inspection Service in the State or area concerned.\n\nWild swine.  Any swine which are allowed to roam outside an enclosure."], ["9:9:1.0.1.4.35.0.74.10", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.9 Pork and pork products from regions where classical swine fever exists.", "APHIS", "", "", "[37 FR 21149, Oct. 6, 1972]", "(a) APHIS considers classical swine fever to exist in all regions of the world except those declared free of the disease by APHIS.\n\n(1) A list of regions that APHIS has declared free of classical swine fever is maintained on the APHIS website at  https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions.  Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(2) APHIS will add a region to the list of those it has declared free of classical swine fever after it conducts an evaluation of the region in accordance with \u00a7 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in \u00a7 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of classical swine fever upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable.\n\n(b) The APHIS-defined European CSF region is a single region of low-risk for CSF.\n\n(c) Except as provided in \u00a7 94.31 for the APHIS-defined European CSF region, no fresh pork or pork product may be imported into the United States from any region where classical swine fever is known to exist unless it complies with the following requirements: \n 9\n\n9  See also other provisions of this part and parts 93, 95, and 96 of this chapter, and part 327 of this title, for other prohibitions and restrictions upon the importation of swine and swine products.\n\n(1) Such pork or pork product has been treated in accordance with one of the following procedures:\n\n(i) Such pork and pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling but before such cooking, so that such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigeration;\n\n(ii) Such pork or pork product is in compliance with the following requirements:\n\n(A) All bones were completely removed prior to cooking; and\n\n(B) Such pork or pork product was heated by other than a flash-heating method to an internal temperature of 69 \u00b0C. (156 \u00b0F.) throughout;\n\n(iii) Such pork or pork product is in compliance with the following requirements:\n\n(A) All bones have been completely removed in the region of origin, and\n\n(B) The meat has been held in an unfrozen, fresh condition for at least 3 days immediately following the slaughter of the animals from which it was derived, and\n\n(C) The meat has been thoroughly cured and fully dried for a period of not less than 90 days so that the product is shelf stable without refrigeration:  Provided,  That the period of curing and drying shall be 45 days if the pork or pork product is accompanied to the processing establishment by a certificate of an official of the national government of a classical swine fever free region which specifies that:\n\n( 1 ) The pork involved originated in that region and the pork or pork product was consigned to a processing establishment in ____________ (a region not listed under paragraph (a) of this section as free of classical swine fever), in a closed container sealed by the national veterinary authorities of the classical swine fever free region by seals of a serially numbered type; and\n\n( 2 ) The numbers of the seals used were entered on the meat inspection certificate of the classical swine fever free region which accompanied the shipment from such free region:  And, provided further,  That the certificate required by paragraph (c)(3) of this section also states that: The container seals specified in paragraph (c)(1)(iii)(C)( 1 ) of this section were found intact and free of any evidence of tampering on arrival at the processing establishment by a national veterinary inspector; and the processing establishment from which the pork or pork product is shipped to the United States does not receive or process any live swine, and uses only pork or pork product which originates in regions listed under paragraph (a) of this section as free of classical swine fever and processes all such pork or pork products in accordance with paragraph (c)(1)(i), (ii), or (iii) of this section; or\n\n(iv) Pork rind pellets (pork skins) originating in regions where classical swine fever is known to exist may be imported into the United States provided they have been cooked in one of the following ways:\n\n(A)  One-step process.  The pork skins must be cooked in oil for at least 80 minutes when oil temperature is consistently maintained at a minimum of 114 \u00b0C.\n\n(B)  Two-step process.  The pork skins must be dry-cooked at a minimum of 260 \u00b0C for approximately 210 minutes after which they must be cooked in hot oil (deep-fried) at a minimum of 104 \u00b0C for an additional 150 minutes.\n\n(2) Articles under paragraph (c)(1)(ii), (iii), or (iv) of this section were prepared in an inspected establishment that is eligible to have its products imported into the United States under the Federal Meat Inspection Act and \u00a7 327.2 of this title; and,\n\n(3) In addition to the foreign meat inspection certificate required by \u00a7 327.4 of this title, pork and pork products prepared under paragraph (c)(1)(ii), (iii), or (iv) of this section shall be accompanied by a certificate that states that the provisions of paragraph (c)(1)(ii), (iii), or (iv) of this section have been met. This certificate shall be issued by an official of the national government of the region of origin who is authorized to issue the foreign meat inspection certificate required by \u00a7 327.4 of this title. \n 10 \n   Upon arrival of the pork or pork products in the United States, the certificate must be presented to an authorized inspector at the port of arrival.\n\n10  The certification required may be placed on the foreign meat inspection certificate prescribed by \u00a7 327.4 of this title or may be contained in a separate document.\n\n(4) Small amounts of pork or pork product, subject to the restrictions in this section, may in specific cases be imported for purposes of examination, testing, or analysis if the importer applies for and receives written approval for such importation from the Administrator. Approval will be granted only when the Administrator determines that the articles have been processed by heat in a manner so that such importation will not endanger the livestock of the United States.\n\n(d) Thoroughly cured and fully dried pork and pork products from regions where both classical swine fever and swine vesicular disease are known or considered to exist need not comply with paragraph (c)(1)(iii) of this section if they are in compliance with the provisions of \u00a7 94.12(b)(1)(iii) of this part.\n\n(e) Uncooked pork or pork products that originated in a region considered to be free of classical swine fever (CSF) and are processed in a region where CSF exists may be imported into the United States under the following conditions:\n\n(1)  Shipment to approved establishments.  (i) The uncooked pork or pork products must be shipped from the CSF-free region of origin in closed containers sealed with serially numbered seals applied by an official of the national government of that region. They must be accompanied by a certificate that is signed by an official of that region's national government and that specifies the product's region of origin, the name and number of the establishment of origin, and the processing establishment to which the uncooked pork or pork products are consigned, and the numbers of the seals applied to the shipping containers.\n\n(ii) The uncooked pork or pork products may be removed from containers at the processing establishment in the region where CSF is considered to exist only after an official of that region's national government has determined that the seals are intact and free of any evidence of tampering.\n\n(2)  Handling of uncooked pork and pork products.  Establishments \n 11 \n   in regions where CSF is considered to exist that process uncooked pork or pork products for export to the United States:\n\n11  See footnote 9.\n\n(i) May not receive or handle any live swine;\n\n(ii) May not receive, handle, or process uncooked pork or pork products that originate in regions affected with CSF;\n\n(iii) Must keep the certificate required by paragraph (e)(1)(i) of this section on file at the facility for a period of at least 2 years after export of processed products to the United States, and must make those records available to USDA inspectors during inspections; and\n\n(iv) Must be evaluated and approved by APHIS through a site inspection.\n\n(3)  Compliance agreement.  The operators of the processing establishment must sign a compliance agreement with APHIS, stating that:\n\n(i) All meat processed for importation to the United States will be processed in accordance with the requirements of this part; and\n\n(ii) A full-time, salaried meat inspection official of the national government of the region in which the processing facility is located will supervise the processing and examination of the product, and certify that it has been processed in accordance with this section; and\n\n(iii) APHIS personnel or other persons authorized by the Administrator may enter the establishment, unannounced, to inspect the establishment and its records.\n\n(4)  Cooperative service agreement.  The processing establishment, or a party on its behalf, must enter into a cooperative service agreement with APHIS to pay all expenses incurred by APHIS for the initial evaluation of the processing establishment and periodically thereafter, including travel, salary, subsistence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. In accordance with the terms of the cooperative service agreement, before the APHIS representative's site inspection, the operator of the processing establishment or the party acting on their behalf must deposit with the Administrator an amount equal to the approximate cost of one inspection by an APHIS representative, including travel, salary, subsistence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. As funds from that amount are obligated, a bill for costs incurred based on official accounting records will be issued to restore the deposit to the original level, revised as necessary to allow for inflation or other changes in estimated costs. To be current, bills must be paid within 14 days of receipt.\n\n(5)  Shipment to the United States.  Uncooked pork or pork products to be imported into the United States must be shipped from the region where they were processed in closed containers sealed with serially numbered seals applied by an official of the national government of that region. The shipments must be accompanied by a certificate signed by an official of the national government of the region where the pork or pork products were processed that lists the numbers of the seals applied and states that all of the conditions of this paragraph (e) have been met. The certificate shall also state that the container seals specified in paragraph (e)(1)(i) and (ii) of this section were found by an official of the region's national government to be intact and free of any evidence of tampering on arrival at the processing establishment in the CSF-affected region. A copy of this certificate must be kept on file at the processing establishment for at least 2 years."], ["9:9:1.0.1.4.35.0.74.11", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.10 Swine from regions where classical swine fever exists.", "APHIS", "", "", "[71 FR 29070, May 19, 2006, as amended at 71 FR 31070, June 1, 2006; 72 FR 30470, June 1, 2007; 72 FR 67232, Nov. 28, 2007; 75 FR 69857, Nov. 16, 2010; 76 FR 70039, Nov. 10, 2011; 77 FR 1393, Jan. 10, 2012; 78 FR 72998, Dec. 4, 2013; 86 FR 45626, Aug. 16, 2021]", "(a) APHIS considers classical swine fever to exist in all regions of the world except those declared free of the disease by APHIS.\n\n(1) A list of regions that APHIS has declared free of classical swine fever is maintained on the APHIS website at\n\n https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions.  Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(2) APHIS will add a region to the list of those it has declared free of classical swine fever after it conducts an evaluation of the region in accordance with \u00a7 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in \u00a7 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of classical swine fever upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable.\n\n(b) The APHIS-defined European CSF region is a single region of low-risk for CSF.\n\n(c) Except as provided in \u00a7 94.31 for the APHIS-defined European CSF region, no swine that are moved from or transit any region where classical swine fever is known to exist may be imported into the United States, except for wild swine imported into the United States in accordance with paragraph (d) of this section.\n\n(d) Wild swine may be allowed importation into the United States by the Administrator upon request in specific cases under \u00a7 93.501 or \u00a7 93.504(c) of this chapter."], ["9:9:1.0.1.4.35.0.74.12", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.11 Restrictions on importation of meat and other animal products from specified regions.", "APHIS", "", "", "[38 FR 2752, Jan. 30, 1973]", "(a) The meat of ruminants or swine, and other animal products, and ship stores, airplane meals, and baggage containing such meat or animal products originating in any region listed as provided in paragraph (a)(2) of this section may not be imported into the United States unless the requirements in this section, in addition to other applicable requirements of chapter III of this title, are met. However, meat and meat products that meet the requirements of \u00a7 94.4 do not have to comply with the requirements of this section. As used in this section, the term \u201cother animal product\u201d means all parts of the carcass of any ruminant or swine, other than meat and articles regulated under part 95 or part 96 of this chapter.\n\n(1) The regions listed under paragraph (a)(2) of this section have been declared free of foot-and-mouth disease by APHIS as provided in \u00a7 94.1(a) but supplement their national meat supply by the importation of fresh (chilled or frozen) meat of ruminants or swine from regions that APHIS considers to be affected with foot-and-mouth disease as provided in \u00a7 94.1(a); or have a common land border with regions considered to be affected with foot-and-mouth disease; or import ruminants or swine from regions considered to be affected with foot-and-mouth disease under conditions less restrictive than would be acceptable for importation into the United States. Thus, the meat may be commingled with the fresh (chilled or frozen) meat of animals from an affected region, resulting in an undue risk of introducing foot-and-mouth disease into the United States.\n\n(2) A list of regions whose products are regulated under this section is maintained on the APHIS website at  https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions.  Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(3) APHIS will add a region to the list of those whose products are regulated under this section after conducting an evaluation of the region and determining that one or more of the circumstances described in paragraph (a)(1) of this section exists. APHIS will remove a region from the list upon conducting an evaluation of the region and determining that the circumstances in paragraph (a)(1) of this section no longer exist or upon determining that foot-and-mouth disease exists in the region.\n\n(b) All meat or other animal product from such regions, whether in personal-use amounts or commercial lots (except that which has been fully cooked by a commercial method in a container hermetically sealed promptly after filling but before such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigeration) shall have been prepared only in an inspected establishment that is eligible to have its products imported into the United States under the Federal Meat Inspection Act (21 U.S.C. 601  et seq. ) and the regulations in \u00a7 327.2, chapter III of this title, issued thereunder, and shall be accompanied by a Department-approved meat inspection certificate prescribed in \u00a7 327.4 in chapter III of this title, or similar certificate approved by the Administrator, as adequate to effectuate the purposes of this section, regardless of the purpose or amount of product in the shipment.\n\n(c)  Additional certification.  Meat of ruminants or swine or other animal products from any region listed under paragraph (a)(2) of this section must be accompanied by additional certification by a full-time salaried veterinary official of the agency in the national government that is responsible for the health of the animals within that region. Upon arrival of the meat of ruminants or swine or other animal product in the United States, the certification must be presented to an authorized inspector at the port of arrival. The certification must give the name and official establishment number of the establishment where the animals were slaughtered, and shall state that:\n\n(1) The slaughtering establishment is not permitted to receive animals that originated in, or have ever been in, or that have been aboard a means of conveyance at the time such means of conveyance called at or landed at a port in, a region designated under \u00a7 94.1(a) as a region where foot-and-mouth disease exists;\n\n(2) The slaughtering establishment is not permitted to receive meat or other animal products derived from ruminants or swine which originated in such a foot-and-mouth disease affected region, or meat or other animal products from a foot-and-mouth disease free region transported through a foot-and-mouth disease affected region except in containers sealed with serially numbered seals of the National Government of the noninfected region of origin;\n\n(3) The meat or other animal product covered by the certificate was derived from animals born and raised in a region listed under \u00a7 94.1(a) as free of foot-and-mouth disease and the meat or other animal product has never been in any region in which foot-and-mouth disease existed;\n\n(4) The meat or other animal product has been processed, stored, and transported to the means of conveyance that will bring the article to the United States in a manner to preclude its being commingled or otherwise in contact with meat or other animal products that do not comply with the conditions contained in this certificate."], ["9:9:1.0.1.4.35.0.74.13", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.12 Pork and pork products from regions where swine vesicular disease exists.", "APHIS", "", "", "[38 FR 20610, Aug. 2, 1973]", "(a) APHIS considers swine vesicular disease to exist in all regions of the world except those declared free of the disease by APHIS.\n\n(1) A list of regions that APHIS has declared free of swine vesicular disease is maintained on the APHIS website at  https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions.  Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(2) APHIS will add a region to the list of those it has declared free of swine vesicular disease after it conducts an evaluation of the region in accordance with \u00a7 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in \u00a7 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of swine vesicular disease upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable.\n\n(b) No pork or pork product may be imported into the United States from any region where swine vesicular disease is known to exist unless it complies with the following requirements and it is not otherwise prohibited importation into the United States under this part:\n\n(1) Such pork or pork product has been treated in accordance with one of the following procedures:\n\n(i) Such pork or pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling, but before such cooking, so that such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigeration.\n\n(ii) Such pork or pork product is in compliance with the following requirements:\n\n(A) All bones were completely removed prior to cooking; and\n\n(B) Such pork or pork product received heat treatment in a commercially accepted manner used for perishable canned pork products so that it reached an internal temperature of 69 \u00b0C. (156 \u00b0F.) throughout.\n\n(iii) Such pork or pork product if cured and dried is in compliance with the following requirements:\n\n(A) All bones have been completely removed in the region of origin, and\n\n(B) Such pork or pork products shall be consigned directly from the port of entry in the United States to a meat processing establishment operating under Federal meat inspection and approved by the Administrator, \n 12 \n   for heating to an internal temperature of 166 \u00b0F. During movement from the port of entry to the meat processing establishment, the pork or pork products must be moved under Department seals or seals of the U.S. Customs Service, and shall be otherwise handled as the Administrator may direct in order to guard against the introduction and dissemination of swine vesicular disease. Seals applied under this section may not be broken except by persons authorized by the Administrator to do so.\n\n12  The names and addresses of approved establishments may be obtained from, and request for approval of any establishment may be made to, the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231. Establishments will be approved only if the Administrator determines that the imported articles will be so handled at the establishment as to prevent the introduction and dissemination of livestock or poultry diseases into the United States. Approval of any establishment may be refused or withdrawn only after the operator thereof has been given notice of the proposed action and has had an opportunity to present his views thereon.\n\n(iv) Such pork or pork product, if it originated in a swine vesicular disease free region, has been cured and dried and is in compliance with the following requirements:\n\n(A) All bones have been completely removed, either in the region of origin or in the region where the pork or pork products are processed; and\n\n(B)( 1 ) Such pork or pork product is accompanied from the swine vesicular disease free region of origin to the processing establishment in the swine vesicular disease affected region by a certificate signed by an official of the National Government of the swine vesicular disease free region of origin specifying that the pork or pork product involved originated in that region and the pork or pork product was consigned to a processing establishment in ____________ (a region not listed under paragraph (a)(1) of this section as free of swine vesicular disease), in a closed container sealed by the national veterinary authorities of the swine vesicular disease free region of origin by seals of a serially numbered type. The numbers of these seals shall be entered on this certificate; and\n\n( 2 ) The certificate required by paragraph (b)(3) of this section shall also state that:\n\n( i ) The container seals specified in paragraph (b)(1)(iv)(B)( 1 ) of this section were found intact and free of any evidence of tampering on arrival at the processing establishment in the swine vesicular disease affected region by a national veterinary inspector of that region,\n\n( ii ) The processing establishment from which the pork or pork product was shipped to the United States does not receive or process any live swine, and uses only pork or pork products which originate in regions listed under paragraph (a)(1) of this section as free of swine vesicular disease; and\n\n( iii ) That such establishment processes all such pork or pork products in accordance with paragraph (b)(1)(i), (ii), (iii) or (iv) of this section.\n\n(v) Such pork or pork product is in compliance with the following requirements:\n\n(A) All bones were completely removed prior to cooking; and\n\n(B) Such pork or pork product received continual heat treatment in an oven for a minimum of 10 hours so that it reached an internal temperature of 65 \u00b0C. (149 \u00b0F.) throughout. The oven temperature started at a minimum of 62 \u00b0C. (143.6 \u00b0F.) and reached at least 85 \u00b0C. (185 \u00b0F.).\n\n(vi) Pork rind pellets (pork skins) must be cooked in one of the following ways:\n\n(A)  One-step process.  The pork skins must be cooked in oil for at least 80 minutes when oil temperature is consistently maintained at a minimum of 114 \u00b0C.\n\n(B)  Two-step process.  The pork skins must be dry-cooked at a minimum of 260 \u00b0C for approximately 210 minutes after which they must be cooked in hot oil (deep-fried) at a minimum of 104 \u00b0C for an additional 150 minutes.\n\n(2) Articles under paragraph (b)(1)(ii), (iii) or (iv) of this section were prepared in an inspected establishment that is eligible to have its products imported into the United States under the Federal Meat Inspection Act and the regulations in \u00a7 327.2 in chapter III of this title.\n\n(3) In addition to the foreign meat inspection certificate required in \u00a7 327.4 of this title, pork or pork products prepared under paragraph (b)(1)(ii), (iii) or (iv) of this section shall be accompanied by certification that paragraph (b)(1)(ii), (b)(1)(iii)(A), or (b)(1)(iv)(B)(2) of this section has been met. The certification shall be issued by an official of the national government of the region of origin who is authorized to issue the foreign meat inspection certificate required by \u00a7 327.4 of this title. \n 13 \n   Upon arrival of the pork or pork products in the United States, the certificate must be presented to an authorized inspector at the port of arrival.\n\n13  See footnote 10.\n\n(4) Small amounts of pork or pork product subject to the restrictions of this section, may in specific cases be imported for purposes of examination, testing, or analysis, if the importer applies for and receives written approval for such importation from the Administrator, authorizing such importation. Approval will be granted only when the Administrator determines that the articles have been processed by heat in a manner so that such importation will not endanger the livestock of the United States.\n\n(c)  Requirements for pork-filled pasta products from regions affected with swine vesicular disease.  (1) Pork-filled pasta products processed for export to the United States may only be filled with pork or pork products that are otherwise eligible to be exported to the United States and that meet the requirements of paragraph (b)(1)(i), (ii), or (v) of this section or of \u00a7 94.17.\n\n(2) The operator of the pork-filled pasta processing facility must have signed a cooperative service agreement with APHIS prior to receipt of the pork intended to be used in pork-filled pasta products, stating that all such pork will be processed only in accordance with \u00a7 94.12 or \u00a7 94.17. Pursuant to the cooperative service agreement, the establishment must allow the unannounced entry into the establishment of APHIS representatives, or other persons authorized by the Administrator, for the purpose of inspecting the facilities, operations, and records of the establishment. The establishment must be current in paying all costs for such inspections (it is anticipated that such inspections will occur up to four times per year). These costs include travel, salary, subsistence, administrative overhead, and other incidental expenses (including an excess baggage provision up to 150 pounds). In accordance with the terms of the cooperative service agreement, the operator of the processing establishment must deposit with the Administrator an amount equal to the approximate costs for APHIS to inspect the establishment one time, including travel, salary, subsistence, administrative overhead and other incidental expenses (including an excess baggage provision up to 150 pounds), and, as funds from that amount are obligated, bills for costs incurred based on official accounting records will be issued to restore the deposit to its original level. Amounts to restore the deposit to its original level must be paid within 14 days of receipt of such bills.\n\n(3) At the pasta processing establishment, pork intended to be used for pork-filled pasta products for export to the United States must be stored apart from any meat or meat products not eligible for export to the United States, either in a separate storage room or facility or in a separate area of the same storage room. Any storage room area reserved for pork or pork products eligible for export to the United States must be separated by at least 1 meter from any storage room area where meat or meat products ineligible for export to the United States are stored and must be marked by signs and by having its borders outlined on the floor.\n\n(4) Prior to handling pork used for pork-filled pasta products intended for export to the United States, workers at the processing facility who handle pork or pork products in the facility must shower and put on a full set of clean clothes, or wait 24 hours after handling pork or pork products that are not eligible for importation into the United States.\n\n(5) All equipment and machinery that will come in contact with the pork or other ingredients of pork-filled pasta products intended for export to the United States must be cleaned and disinfected before each use.\n\n(6) Processing lines working with pork-filled pasta products for export to the United States must be totally dedicated to the production of such products for the time needed to complete a given lot. When any processing line in a facility is working with pork-filled pasta products intended for export to the United States, no other processing lines in the same facility may work on products using meat that is not eligible for export to the United States.\n\n(7) Processing facilities that are completely dedicated to producing only pork-filled pasta products for export to the United States and do not receive, handle, or process any animal product not intended for export to the United States are exempt from the requirements of paragraphs (c)(3) through (c)(6) of this section.\n\n(8) During processing, the pork-filled pasta must be steam-heated to a minimum internal temperature of 90 \u00b0C, then dried, cooled, and packed to make the product shelf stable without refrigeration.\n\n(9) The processing facility must maintain under lock and key, for a minimum of 2 years, an original record of each lot of pork or pork products used for pork-filled pasta products for export to the United States. Each record must include the following:\n\n(i) The date that the cooked or dry-cured pork product was received in the processing facility;\n\n(ii) The number of packages, the number of hams or cooked pork products per package, and the weight of each package;\n\n(iii) A lot number or other identification marks;\n\n(iv) The health certificate that accompanied the cooked or dry-cured pork product from the slaughter/processing facility to the meat-filled pasta product processing facility; and\n\n(v) The date that the pork or pork product used in the pasta started dry curing (if the product used is a dry-cured ham) or the date that the product was cooked (if the product used is a cooked pork product).\n\n(10) The pork-filled pasta must be accompanied by a certificate issued by an official of the National Government of the region in which the pasta product is processed who is authorized to issue the foreign meat inspection certificate required under \u00a7 327.4 of this title, stating that the pork-filled pasta product has been processed in accordance with the requirements of this section.\n\nUpon arrival of the pork-filled pasta in the United States, the certificate must be presented to an inspector at the port of arrival."], ["9:9:1.0.1.4.35.0.74.14", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.13 Restrictions on importation of pork or pork products from specified regions.", "APHIS", "", "", "[38 FR 20611, Aug. 2, 1973]", "(a) Pork or pork products and ship's stores, airplane meals, and baggage containing pork or pork products, other than those articles regulated under part 95 or part 96 of this chapter, produced in any region listed under paragraph (a)(2) of this section may not be imported into the United States unless the requirements of this section, in addition to other applicable requirements of part 327 of this title, are met.\n\n(1) The regions listed under paragraph (a)(2) of this section have been declared free of swine vesicular disease as provided in \u00a7 94.12(a) but supplement their national pork supply by the importation of fresh (chilled or frozen) meat of animals from regions where swine vesicular disease is considered to exist, or have a common border with such regions, or have trade practices that are less restrictive than are acceptable to the United States. Thus, the pork or pork products may be commingled with fresh (chilled or frozen) meat of animals from a region where swine vesicular disease is considered to exist, resulting in an undue risk of swine vesicular disease introduction into the United States.\n\n(2) A list of regions whose products are regulated under this section is maintained on the APHIS website at  https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions.  Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(3) APHIS will add a region to the list of those whose products are regulated under this section after conducting an evaluation of the region and determining that one or more of the circumstances listed in paragraph (a)(1) of this section exists. APHIS will remove a region from the list upon conducting an evaluation of the region and determining that the circumstances in paragraph (a)(1) of this section no longer exist or upon determining that swine vesicular disease exists in the region.\n\n(b) All such pork or pork products, except those treated in accordance with \u00a7 94.12(b)(1)(i) of this part, shall have been prepared only in inspected establishments that are eligible to have their products imported into the United States under the Federal Meat Inspection Act (21 U.S.C. 601  et seq. ) and under \u00a7 327.2 of this title and shall be accompanied by the foreign meat inspection certificate required by \u00a7 327.4 of this title. Upon arrival of the pork or pork products in the United States, the foreign meat inspection certificate must be presented to an authorized inspector at the port of arrival.\n\n(c) Unless such pork or pork products are treated according to one of the procedures described in \u00a7 94.12(b) of this part, the pork or pork products must be accompanied by an additional certificate issued by a full-time salaried veterinary official of the agency in the national government responsible for the health of the animals within that region. Upon arrival of the pork or pork products in the United States, the certificate must be presented to an authorized inspector at the port of arrival. The certificate shall state the name and official establishment number of the establishment where the swine involved were slaughtered and the pork was processed. The certificate shall also state that:\n\n(1) The slaughtering establishment is not permitted to receive animals that originated in a region considered to have swine vesicular disease or that have ever been in a region in which swine vesicular disease existed.\n\n(2) The slaughtering establishment is not permitted to receive pork derived from swine which originated in such a region or pork from swine from a swine vesicular disease free region which has been transported through a region where swine vesicular disease is considered to exist except pork which was transported in containers sealed with serially numbered seals of the National Government of a region of origin listed under \u00a7 94.12(a) as a region considered free of the disease.\n\n(3) The pork has been processed, stored, and transported to the means of conveyance that will bring the article to the United States in a manner that precludes its being commingled or otherwise coming in contact with pork or pork products that have not been handled in accordance with the requirements of this section."], ["9:9:1.0.1.4.35.0.74.15", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.14 Swine from regions where swine vesicular disease exists; importations prohibited.", "APHIS", "", "", "[54 FR 7395, Feb. 21, 1989, as amended at 55 FR 31558, Aug. 2, 1990; 59 FR 67134, Dec. 29, 1994; 62 FR 56023, Oct. 28, 1997; 77 FR 1394, Jan. 10, 2012]", "(a) Swine vesicular disease is known to exist in all regions of the world except those listed under \u00a7 94.12(a) of this part. No swine which are moved from or transit any region in which swine vesicular disease is known to exist may be imported into the United States except wild swine imported in accordance with paragraph (b) of this section.\n\n(b) Wild swine may be allowed importation into the United States by the Administrator upon request in specific cases under \u00a7 93.501 or \u00a7 93.504(c) of this chapter."], ["9:9:1.0.1.4.35.0.74.16", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.15 Transit shipment of articles.", "APHIS", "", "", "[86 FR 68861, Dec. 3, 2021]", "(a) Any meat or other animal product or material (excluding materials that are required to be consigned to USDA-approved establishments for further processing) eligible for entry into the United States, as provided in this part or in part 95 of this subchapter, may transit the United States by air and ocean ports and overland transportation if the articles are accompanied by the required documentation specified in this part and in part 95.\n\n(b) Any meat or other animal product or material not eligible for entry into the United States, as provided in this part or in part 95 of this subchapter, may transit air and ocean ports only, with no overland movement outside the airport terminal area or dock area of the maritime port, in the United States for immediate export if the conditions of paragraphs (b)(1) through (4) of this section are met.\n\n(1) The articles must be sealed in leakproof containers bearing serial numbers during transit. Each container must remain under either Customs seal or foreign government seal during the entire time that it is in the United States.\n\n(2) Before transit, the person moving the articles must notify, in writing, the authorized Customs inspector at both the place in the United States where the articles will arrive and the port of export. The notification must include the:\n\n(i) Times and dates of arrival in the United States;\n\n(ii) Times and dates of exportation from the United States;\n\n(iii) Mode of transportation; and\n\n(iv) Serial numbers of the sealed containers.\n\n(3) The articles must transit the United States under Customs bond.\n\n(4) The shipment is exported from the United States within 7 days of its entry.\n\n(c) Pork and pork products from Baja California, Baja California Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, and Yucatan, Mexico, that are not eligible for entry into the United States in accordance with this part may transit the United States via land border ports for immediate export if the following conditions of paragraphs (c)(1) through (4) of this section are met:\n\n(1) The person moving the pork and pork products must obtain a United States Veterinary Permit for Importation and Transportation of Controlled Materials and Organisms and Vectors. To apply for a permit, file a permit application on VS Form 16-3 (available from APHIS, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, MD 20737-1231, or electronically at  https://www.aphis.usda.gov/animal_health/permits/ ).\n\n(2) The pork or pork products are packaged at a Tipo Inspecci\u00f3n Federal plant in Baja California, Baja California Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, or Yucatan, Mexico, in leakproof containers and sealed with serially numbered seals of the Government of Mexico, and the containers remain sealed during the entire time they are in transit across Mexico and the United States.\n\n(3) The person moving the pork and pork products through the United States notifies, in writing, the authorized Customs inspector at the United States port of arrival prior to such transiting. The notification must include the following information regarding the pork and pork products:\n\n(i) Permit number;\n\n(ii) Times and dates of arrival in the United States;\n\n(iii) Time schedule and route to be followed through the United States; and\n\n(iv) Serial numbers of the seals on the containers.\n\n(4) The pork and pork products must transit the United States under Customs bond and must be exported from the United States within the time limit specified on the permit. Any pork or pork products that have not been exported within the time limit specified on the permit or that have not been transited in accordance with the permit or applicable requirements of this part will be destroyed or otherwise disposed of as the Administrator may direct pursuant to the Animal Health Protection Act (7 U.S.C. 8301  et seq. ).\n\n(d) Poultry carcasses, parts, or products (except eggs and egg products) from Baja California, Baja California Sur, Campeche, Chihuahua, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, Tamaulipas, or Yucatan, Mexico, that are not eligible for entry into the United States in accordance with the regulations in this part may transit the United States via land ports for immediate export if the following conditions of paragraphs (d)(1) through (4) of this section are met:\n\n(1) The person moving the poultry carcasses, parts, or products through the United States must obtain a United States Veterinary Permit for Importation and Transportation of Controlled Materials and Organisms and Vectors. To apply for a permit, file a permit application on VS Form 16-3 (available from APHIS, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, MD 20737-1231, or electronically at  https://www.aphis.usda.gov/animal_health/permits/ ).\n\n(2) The poultry carcasses, parts, or products are packaged at a Tipo Inspecci\u00f3n Federal plant in Baja California, Baja California Sur, Campeche, Chihuahua, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, Tamaulipas, or Yucatan, Mexico, in leakproof containers with serially numbered seals of the Government of Mexico, and the containers remain sealed during the entire time they are in transit through Mexico and the United States.\n\n(3) The person moving the poultry carcasses, parts, or products through the United States must notify, in writing, the authorized U.S. Customs and Border Protection (CBP) inspector at the United States port of arrival prior to such transiting. The notification must include the following information regarding the poultry to transit the United States:\n\n(i) Permit number;\n\n(ii) Times and dates of arrival in the United States;\n\n(iii) Time schedule and route to be followed through the United States; and\n\n(iv) Serial numbers of the seals on the containers.\n\n(4) The poultry carcasses, parts, or products must transit the United States under U.S. Customs bond and must be exported from the United States within the time limit specified on the permit. Any poultry carcasses, parts, or products that have not been exported within the time limit specified on the permit or that have not transited in accordance with the permit or applicable requirements of this part will be destroyed or otherwise disposed of as the Administrator may direct pursuant to the Animal Health Protection Act (7 U.S.C. 8301  et seq. ).\n\n(e) Meat and other products of ruminants or swine from regions listed in \u00a7 94.11(a) and pork and pork products from regions listed in \u00a7 94.13 that do not meet the requirements of \u00a7 94.11(b) or \u00a7 94.13(a) may transit through the United States for immediate export, provided the provisions of paragraph (b) of this section are met, and provided all other applicable provisions of this part are met."], ["9:9:1.0.1.4.35.0.74.17", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.16 Milk and milk products.", "APHIS", "", "", "[40 FR 44123, Sept. 25, 1975]", "(a) The following milk products are exempt from the provisions of this part:\n\n(1) Cheese, but not including cheese with liquid and not including cheese containing any item that is regulated by other sections of this part, unless such item is independently eligible for importation into the United States under this part;\n\n(2) Butter; and\n\n(3) Butteroil.\n\n(b) Milk and milk products originating in, or shipped from, any region where foot-and-mouth disease is considered to exist under \u00a7 94.1(a) may be imported into the United States if they meet the requirements of paragraphs (b)(1), (2), or (3) of this section:\n\n(1) They are in a concentrated liquid form and have been processed by heat by a commercial method in a container hermetically sealed promptly after filling but before such heating, so as to be shelf stable without refrigeration.\n\n(2) They are dry milk or dry milk products, including dry whole milk, nonfat dry milk, dried whey, dried buttermilk, and formulations which contain any such dry milk products, and are consigned directly to an approved establishment \n 14  for further processing in a manner approved by the Administrator, as adequate to prevent the introduction or dissemination of livestock diseases into the United States. However, in specific cases, upon request by the importer to the Administrator, and approval by the Administrator, they may be stored for a temporary period in an approved warehouse \n 14 \n   under the supervision of an inspector of the Animal and Plant Health Inspection Service pending movement to an approved establishment. Such products shall be transported from the United States port of first arrival to an approved establishment \n 14  or an approved warehouse, \n 14  and from an approved warehouse \n 14  to an approved establishment \n 14  only under Department seals or seals of the U.S. Customs Service. Such seals shall be broken only by such an inspector or other person authorized to do so by the Administrator. Such products shall not be removed from the approved warehouse \n 14  or approved establishment \n 14  except upon special permission by the Administrator, and upon compliance with all the conditions and requirements specified by him for such movement in each specific case.\n\n14  The names and addresses of approved establishments or warehouses or information as to approved manner of processing, and request for approval of any such establishment, warehouse, or manner of processing may be made to the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231. Any establishment or warehouse will be approved for the purpose of this section only if the operator has provided the Administrator, with satisfactory evidence that the establishment or warehouse has the equipment, facilities, and capability to store, handle and process the imported dry milk or dry milk product subject to \u00a7 94.16(b)(2) in a manner which will prevent the introduction or dissemination of livestock diseases into the United States. Similarly, processing methods will be approved only if the Administrator determines they are adequate to prevent the introduction or dissemination of such diseases into the United States. Approval of any establishment or warehouse or processing method may be refused or withdrawn by the Administrator only after the operator thereof has been given notice of the proposed action and has had an opportunity to present his views thereon, and upon a determination by the Administrator that the conditions for approval are not met. Approval of an establishment or warehouse may also be withdrawn after such notice and opportunity if the Administrator determines that such imported dry milk or milk products have been stored, handled, or processed by the operator thereof other than at an approved establishment or warehouse or other than in an approved manner.\n\n(3) Milk and milk products not exempted under paragraph (a) and not of classes included within the provisions of paragraphs (b)(1) or (2) of this section may be imported if the importer first applies to and receives written permission from the Administrator, authorizing such importation. Permission will be granted only when the Administrator determines that such action will not endanger the health of the livestock of the United States. Products subject to this provision include but are not limited to condensed milk, long-life milks such as sterilized milk, casein and caseinates, lactose, and lactalbumin.\n\n(4) Small amounts of milk and milk products subject to the restrictions of this part may in specific cases be imported for purposes of examination, testing, or analysis, if the importer applies to and receives written approval for such importation from the Administrator. Approval will be granted only when the Administrator determines that such action will not endanger the health of the livestock of the United States.\n\n(c) Milk and milk products originating in and shipped from regions listed under \u00a7 94.1(a) as free of foot-and-mouth disease but which have entered a port or otherwise transited a region where APHIS considers the disease to exist may not be imported into the United States unless:\n\n(1) The product was transported under serially numbered official seals applied at the point of origin of the shipment by an authorized representative of the region of such origin; except that, if any seal applied at the point of origin was broken by any foreign official to inspect the shipment, an authorized representative of that region applied a new serially numbered official seal to the hold, compartment, or container in which the milk or milk products were transported; and if any member of a ship's crew broke a seal, the serial number of the seal, the location of the seal, and the reason for breaking the seal were recorded in the ship's log.\n\n(2) The numbers of such seals are listed on, or are on a list attached to, the bill of lading or similar document accompanying the shipment.\n\n(3) Upon arrival of the carrier at the United States port, an inspector of the Animal and Plant Health Inspection Service determines that the seals are intact and that their numbers are in agreement with the numbers appearing on the accompanying document;  Provided,  That, if the representative finds that any seal has been broken or has a different number than is recorded on the accompanying document, then the milk or milk products may remain eligible for entry into the United States only if APHIS personnel are available to inspect the hold, compartment, or container, the cartons or other containers of milk or milk products, and all accompanying documentation; and the importer furnishes additional documentation (either copies of pages from the ship's log signed by the officer-in-charge, or certification from a foreign government that the original seal was removed and the new seal applied by officials of the government) that demonstrates to the satisfaction of the Administrator that the milk or milk products were not contaminated or exposed to contamination during movement from the region of origin to the United States.\n\n(d) Except for milk and milk products imported from Canada, and except as provided in this paragraph, milk or milk products imported from a region listed under \u00a7 94.1(a) as free of foot-and-mouth disease must be accompanied by a certificate endorsed by a full-time, salaried veterinarian employed by the region of export. The certificate must state that the milk was produced and processed in a region listed under \u00a7 94.1(a) as free of foot-and-mouth disease, or that the milk product was processed in one such region from milk produced in another such region. The certificate must name the region in which the milk was produced and the region in which the milk or milk product was processed. Further, the certificate must state that, except for movement under seal as described in \u00a7 94.16(c), the milk or milk product has never been in a region in which foot-and-mouth disease exists. Milk or milk products from a region listed under \u00a7 94.1(a) as free of foot-and-mouth disease and that were processed in whole or in part from milk or milk products from a region not listed under \u00a7 94.1(a) as free of foot-and-mouth disease may be imported into the United States only in accordance with paragraph (b)(3) of this section."], ["9:9:1.0.1.4.35.0.74.18", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.17 Dry-cured pork products from regions where foot-and-mouth disease, African swine fever, classical swine fever, or swine vesicular disease exists.", "APHIS", "", "", "[52 FR 11625, Apr. 10, 1987]", "Notwithstanding any other provisions in this part, dry-cured ham, pork shoulder, or pork loin, whether whole or sliced and packaged, shall not be prohibited from being imported into the United States if it meets the following conditions:\n\n(a) Except for Italian-type hams, Serrano hams, Iberian hams, Iberian pork shoulders, and Iberian pork loins that have been processed in accordance with paragraph (i) of this section, the dry-cured ham, pork shoulder, or pork loin came from a swine that was never out of the region in which the dry-cured ham, pork shoulder, or pork loin was processed;\n\n(b) The ham, pork shoulder, or pork loin came from a region determined by the Administrator, to have and to enforce laws requiring the immediate reporting to the national veterinary services in that region any premises found to have any animal infected with foot-and-mouth disease, African Swine fever, classical swine fever, or swine vesicular disease;\n\n(c) The ham, pork shoulder, or pork loin came from a swine that was not on any premises where foot-and-mouth disease, African swine fever, classical swine fever, or swine vesicular disease exists or had existed within 60 days prior to slaughter;\n\n(d) The whole ham, pork shoulder, or pork loin was accompanied from the slaughtering facility to the processing establishment by a numbered certificate issued by a person authorized by the government of the region of origin stating that the provisions of paragraphs (a) and (c) of this section have been met;\n\n(e) The ham, pork shoulder, or pork loin was processed whole as set forth in paragraph (i) of this section in only one processing establishment;\n 15\n\n15  As a condition of entry into the United States, pork and pork products must also meet all of the requirements of the Federal Meat Inspection Act (21 U.S.C. 601  et seq. ) and regulations thereunder (9 CFR, chapter III), including requirements that the pork or pork products be prepared only in approved establishments.\n\n(f) The ham, pork shoulder, or pork loin was processed whole in a processing establishment that prior to the processing of any hams, pork shoulders, or pork loins in accordance with this section, was inspected by a veterinarian of APHIS and determined by the Administrator, to be capable of meeting the provisions of this section for processing hams, pork shoulders, or pork loins for importation into the United States;\n\n(g) The ham, pork shoulder, or pork loin was processed whole in a processing establishment for which the operator of the establishment has signed an agreement with APHIS prior to receipt of the hams, pork shoulders, or pork loins for processing, stating that all hams, pork shoulders, or pork loins processed for importation into the United States will be processed only in accordance with the provisions of this part;\n\n(h) Workers who handle fresh pork in the processing establishment where the dry-cured ham, pork shoulder, or pork loin was processed whole are required to shower and put on a full set of clean clothes, or to wait 24 hours after handling fresh pork, before handling hams, pork shoulders, or pork loins that have progressed in the aging/curing process as follows:\n\n(1) In the case of Italian-type hams processed in accordance with paragraph (i)(1) of this section, those that have progressed beyond the final wash stage;\n\n(2) In the case of Serrano hams or Iberian hams or pork shoulders processed in accordance with paragraphs (i)(2), (i)(3), or (i)(4) of this section, those that have progressed beyond salting; and\n\n(3) In the case of Iberian pork loins processed in accordance with paragraph (i)(5) of this section, those that have progressed beyond being placed in a casing.\n\n(i) The dry-cured ham, pork shoulder, or pork loin was processed whole in accordance with this paragraph. Except for pork fat treated to at least 76 \u00b0C (168.8 \u00b0F), which may have been placed over the meat during curing, the dry-cured pork product must have had no contact with any other meat or animal product during processing.\n\n(1)  Italian-type hams.  The ham was processed for a period of not less than 400 days in accordance with the following conditions: after slaughter the ham was held at a temperature of 0-3 \u00b0C. (32-34.7 \u00b0F) for a minimum of 72 hours during which time the \u201caitch\u201d bone and the foot was removed and the blood vessels at the end of the femur were massaged to remove any remaining blood; thereafter the ham was covered with an amount of salt equal to 4-6 percent of the weight of the ham, with a sufficient amount of water added to ensure that the salt had adhered to the ham; thereafter the ham was placed for 5-7 days on racks in a chamber maintained at a temperature of 0-4 \u00b0C. (32-39.2 \u00b0F) and at a relative humidity of 70-85 percent; thereafter the ham was covered with an amount of salt equal to 4-6 percent of the weight of the ham, with a sufficient amount of water added to ensure that the salt had adhered to the ham; thereafter the ham was placed for 21 days in a chamber maintained at a temperature of 0-4 \u00b0C. (32-39.2 \u00b0F.) and at a relative humidity of 70-85 percent; thereafter the salt was brushed off the ham; thereafter the ham was placed in a chamber maintained at a temperature of 1-6 \u00b0C. (33.8-42.8 \u00b0F.) and at a relative humidity of 65-80 percent for between 52 and 72 days; thereafter the ham was brushed and rinsed with water; thereafter the ham was placed in a chamber for 5-7 days at a temperature of 15-23 \u00b0C. (59-73.4 \u00b0F.) and a relative humidity of 55-85 percent; thereafter the ham was placed for curing in a chamber maintained for a minimum of 314 days at a temperature of 15-20 \u00b0C. (59-68 \u00b0F.) and at a relative humidity of 65-80 percent at the beginning and increased by 5 percent every 2\n 1/2  months until a relative humidity of 85 percent was reached.\n\n(2)  Serrano hams.  Serrano hams were processed as follows (190-day minimum curing process):\n\n(i) If the ham is received frozen, it was thawed in a chamber with relative humidity between 70 and 80 percent, with room temperature maintained at 12 \u00b0C to 13 \u00b0C (53.6 \u00b0F to 55.4 \u00b0F) for the first 24 hours, then at 13 \u00b0C to 14 \u00b0C (55.4 \u00b0F to 57.2 \u00b0F) until the internal temperature of the ham reached 3 \u00b0C to 4 \u00b0C (37.4 \u00b0F to 39.2 \u00b0F), at which point the blood vessels at the end of the femur were massaged to remove any remaining blood.\n\n(ii) The ham was covered in salt and placed in a chamber maintained at a temperature from 0 \u00b0C to 4 \u00b0C (32 \u00b0F to 39.2 \u00b0F), with relative humidity between 75 and 95 percent, for a period no less than 0.65 days per kg and no more than 2 days per kg of the weight of the ham.\n\n(iii) The ham was rinsed with water and/or brushed to remove any remaining surface salt.\n\n(iv) The ham was placed in a chamber maintained at a temperature of 0 \u00b0C to 6 \u00b0C (32 \u00b0F to 42.8 \u00b0F), with a relative humidity of 70 to 95 percent, for no less than 40 and no more than 60 days;\n\n(v) The ham was placed for curing in a chamber with a relative humidity of 60 to 80 percent and a temperature gradually raised in 3 phases, as follows:\n\n(A) A temperature of 6 \u00b0C to 16 \u00b0C (42.8 \u00b0F to 60.8 \u00b0F), maintained for a minimum of 45 days;\n\n(B) A temperature of 16 \u00b0C to 24 \u00b0C (60.8 \u00b0F to 75.2 \u00b0F), maintained for a minimum of 35 days;\n\n(C) A temperature of 24 \u00b0C to 34 \u00b0C (75.2 \u00b0F to 93.2 \u00b0F), maintained for a minimum of 30 days;\n\n(vi) Finally, with the relative humidity unchanged at 60 to 80 percent, the temperature was lowered to 12 \u00b0C to 20 \u00b0C (53.6 \u00b0F to 68 \u00b0F) and maintained at that level for a minimum of 35 days, until at least 190 days after the start of the curing process;  Except that:  In a region where swine vesicular disease exists, the ham must be maintained at that level an additional 370 days, until at least 560 days after the start of the curing process.\n\n(3)  Iberian hams.  Iberian hams were processed as follows (365-day minimum curing process):\n\n(i) If the ham is received frozen, it was thawed in a chamber with relative humidity between 70 and 80 percent, with room temperature maintained at 5.5 \u00b0C to 6.5 \u00b0C (41.9 \u00b0F to 43.7 \u00b0F) for the first 24 hours, then at 9.5 \u00b0C to 10.5 \u00b0C (49.1 \u00b0F to 50.9 \u00b0F) until the internal temperature of the ham reached 3 \u00b0C to 4 \u00b0C (37.4 \u00b0F to 39.2 \u00b0F), at which point the blood vessels at the end of the femur were massaged to remove any remaining blood.\n\n(ii) The ham was covered in salt and placed in a chamber maintained at a temperature from 0 \u00b0C to 4 \u00b0C (32 \u00b0F to 39.2 \u00b0F), with relative humidity between 75 and 95 percent, and kept in the chamber for a period no less than 0.65 days per kg and no more than 2 days per kg of the weight of the ham;\n\n(iii) The ham was rinsed with water and/or brushed to remove any remaining surface salt.\n\n(iv) The ham was placed in a chamber maintained at a temperature of 0 \u00b0C to 6 \u00b0C (32 \u00b0F to 42.8 \u00b0F), with relative humidity of 70 to 95 percent, for no less than 40 and no more than 60 days.\n\n(v) The ham was placed for curing in a chamber with a temperature of 6 \u00b0C to 16 \u00b0C (42.8 \u00b0F to 60.8 \u00b0F) and relative humidity of 60 to 80 percent for a minimum of 90 days.\n\n(vi) The temperature was raised to 16 \u00b0C to 26 \u00b0C (60.8 \u00b0F to 78.8 \u00b0F) and the relative humidity reduced to 55 to 85 percent, for a minimum of 90 days.\n\n(vii) Finally, with the relative humidity raised to 60 to 90 percent, the temperature was lowered to 12 \u00b0C to 22 \u00b0C (53.6 \u00b0F to 71.6 \u00b0F) and maintained at that level for a minimum of 115 days, until at least 365 days after the start of the curing process;  Except that:  In a region where swine vesicular disease exists, the ham must be maintained at that level an additional 195 days, until at least 560 days after the start of the curing process.\n\n(4)  Iberian pork shoulders.  Iberian pork shoulders were processed as follows (240-day minimum curing process):\n\n(i) If the pork shoulder is received frozen, it was thawed at a room temperature of 12 \u00b0C to 13 \u00b0C (53.6 \u00b0F to 55.4 \u00b0F), with the relative humidity between 75 and 85 percent, for approximately 24 hours, until the internal temperature reached 3 \u00b0C to 4 \u00b0C (37.4 \u00b0F to 39.2 \u00b0F), at which point the blood vessels in the scapular region were massaged to remove any remaining blood.\n\n(ii) The pork shoulder was covered in salt and placed in a chamber maintained at a temperature of 0 \u00b0C to 4 \u00b0C (32 \u00b0F to 39.2 \u00b0F) with the relative humidity between 75 and 95 percent, for a period of no less than 0.65 days per kg and no more than 2 days per kg of the weight of the pork shoulder.\n\n(iii) The pork shoulder was rinsed with water and/or brushed to remove any remaining surface salt.\n\n(iv) The pork shoulder was placed in a chamber maintained at a temperature of 0 \u00b0C to 6 \u00b0C (32 \u00b0F to 42.8 \u00b0F) and a relative humidity of 70 to 95 percent for not less than 40 days and not more than 60 days.\n\n(v) The pork shoulder was placed for curing in a chamber at a temperature of 6 \u00b0C to 16 \u00b0C (42.8 \u00b0F to 60.8 \u00b0F) and a relative humidity of 60 to 80 percent for a minimum of 90 days.\n\n(vi) The temperature was raised to 16 \u00b0C to 26 \u00b0C (60.8 \u00b0F to 78.8 \u00b0F) and the relative humidity was changed to 55 to 85 percent, and those levels were maintained for a minimum of 90 days.\n\n(vii) Finally, the temperature was reduced to 12 \u00b0C to 22 \u00b0C (53.6 \u00b0F to 71.6 \u00b0F) and the relative humidity was raised to 60 to 90 percent for a minimum of 45 days, until at least 240 days after the start of the curing process.\n\n(5)  Iberian pork loins.  Iberian pork loins were processed as follows (130-day minimum curing process):\n\n(i) If the pork loin is received frozen, it was thawed at a room temperature maintained at 11 \u00b0C to 12 \u00b0C (51.8 \u00b0F to 53.6 \u00b0F), with the relative humidity between 70 and 80 per cent for the first 24 hours, then between 75 and 85 percent, until the loin's internal temperature reached 3 \u00b0C to 4 \u00b0C (37.4 \u00b0F to 39.2 \u00b0F), at which point the external fat, aponeurosis, and tendons were cleaned from the loin.\n\n(ii) The pork loin was covered in a pickle preparation (25-30 grams of salt for each kilogram of pork loin) and placed in a chamber where it was maintained at a relative humidity of 75 to 95 percent and a temperature of 3 \u00b0C to 4 \u00b0C (37.4 \u00b0F to 39.2 \u00b0F) for 72 hours.\n\n(iii) The pork loin was removed from the pickle preparation (25-30 grams of salt for each kilogram of pork loin), externally cleaned (brushed or rinsed), placed in an artificial casing, and fastened shut with a metal clip.\n\n(iv) The pork loin was placed for curing in a chamber with a relative humidity of 60 to 90 percent and a temperature gradually raised in 3 phases, as follows:\n\n(A) A temperature of 2 \u00b0C to 6 \u00b0C (35.6 \u00b0F to 42.8 \u00b0F), maintained for a minimum of 20 days;\n\n(B) A temperature of 6 \u00b0C to 15 \u00b0C (42.8 \u00b0F to 59.0 \u00b0F), maintained for a minimum of 20 days;\n\n(C) A temperature of 15 \u00b0C to 25 \u00b0C (59.0 \u00b0F to 77.0 \u00b0F), maintained for a minimum of 40 days;\n\n(v) Finally, with the relative humidity unchanged at 60 to 80 percent and the temperature lowered to 0 \u00b0C to 5 \u00b0C (32.0 \u00b0F to 41.0 \u00b0F), the pork loin was vacuum-packed and maintained under those conditions for a minimum of 15 days, until at least 130 days after the start of the curing process.\n\n(j)(1) The whole ham, if it is Italian-type ham processed in accordance with paragraph (i)(1) of this section, bears a hot iron brand or an ink seal (with the identifying number of the slaughtering establishment) which was placed thereon at the slaughtering establishment under the direct supervision of a person authorized to supervise such activity by the veterinary services of the national government of the region of origin, bears a button seal (approved by the Administrator, as being tamper-proof) on the hock that states the month and year the ham entered the processing establishment and a hot iron brand (with the identifying number of the processing establishment and the date salting began) which were placed thereon at the processing establishment immediately prior to salting, under the supervision of a person authorized to supervise such activity by the veterinary services of the national government of the region of origin;\n\n(2) The whole dry-cured ham, if it is processed in accordance with paragraphs (i)(2) or (i)(3) of this section, or the whole dry-cured pork shoulder, if it is processed in accordance with paragraph (i)(4) of this section, bears an ink seal (with the identifying number of the slaughtering establishment) which was placed thereon at the slaughtering establishment under the direct supervision of a person authorized to supervise such activity by the veterinary services of the national government of the region of origin, and an ink seal (with the identifying number of the processing establishment and the date the salting began) which was placed thereon at the processing establishment, immediately prior to salting, under the supervision of a person authorized to supervise such activity by the veterinary services of the national government of the region of origin; or\n\n(3) The whole dry-cured pork loin, if it is processed in accordance with paragraph (i)(5) of this section, is packaged with material that bears a seal of the government of the region of origin which was placed thereon at the slaughtering establishment under the direct supervision of a person authorized to supervise such activity by the veterinary services of the national government of the region of origin, and bears a tamper-proof plastic tag, securely attached to the pork loin itself, that states the identifying number of the slaughtering establishment and the date the pork loin was placed in the pickle preparation under the supervision of a person authorized to supervise such activity by the veterinary service of the national government of the region of origin.\n\n(k) The whole dry-cured ham, pork shoulder, or pork loin came from an establishment where a person authorized by the veterinary services of the national government of the region of origin to conduct activities under this paragraph, maintained original records (which shall be kept for a minimum of two years) identifying the dry-cured ham, pork shoulder, or pork loin by the date it entered the processing establishment, by the slaughtering facility from which it came, and by the number of the certificate which accompanied the dry-cured ham, pork shoulder, or pork loin from the slaughtering facility to the processing establishment, and where such original records are maintained under lock and key by such person, with access to such original records restricted to officials of the government of the region of origin, officials of the United States Government, and such person maintaining the records;\n\n(l) The whole dry-cured ham, pork shoulder, or pork loin came from a processing establishment which allows the unannounced entry into the establishment of APHIS personnel, or other persons authorized by the Administrator, for the purpose of inspecting the establishment and records of the establishment;\n\n(m) The dry-cured ham, pork shoulder, or pork loin was processed in accordance with one of the following criteria:\n\n(1) The ham, if it is an Italian-type ham processed in accordance with paragraph (i)(1) of this section, was processed in a region which has submitted, through its veterinary services, to the Administrator, a written statement stating that it conducts a program to authorize persons to supervise activities specified under this section;\n\n(2) The Serrano ham, processed in accordance with paragraph (i)(2) of this section, and came from any breed of large, white swine, including but not limited to Landrace, Pietrain, Duroc, Jersey, Hampshire, and Yorkshire breeds, and crosses of such breeds;\n\n(3) The Iberian ham, processed in accordance with paragraph (i)(3) of this section, and came from a swine of the Iberico breed of pigs;\n\n(4) The Iberian pork shoulder, processed in accordance with paragraph (i)(4) of this section, and came from a swine of the Iberico breed of pigs;\n\n(5) The Iberian pork loin, if processed in accordance with paragraph (i)(5) of this section, and came from a swine of the Iberico breed of pigs.\n\n(n) The whole dry-cured ham, pork shoulder, or pork loin came from a processing establishment that has entered into a cooperative service agreement executed by the operator of the establishment or a representative of the establishment and APHIS, and that pursuant to the cooperative service agreement is current in paying all costs for a veterinarian of APHIS to inspect the establishment (it is anticipated that such inspections will occur up to four times per year), including travel, salary, subsistence, administrative overhead, and other incidental expenses (including an excess baggage provision up to 150 pounds). In accordance with the terms of the cooperative service agreement, the operator of the processing establishment shall deposit with the Administrator, an amount equal to the approximate costs for a veterinarian to inspect the establishment one time, including travel, salary, subsistence, administrative overhead and other incidental expenses (including an excess baggage provision up to 150 pounds), and as funds from that amount are obligated, bills for costs incurred based on official accounting records will be issued to restore the deposit to its original level. Amounts to restore the deposit to its original level shall be paid within 14 days of receipt of such bills.\n\n(o) The dry-cured ham, pork shoulder, or pork loin is accompanied at the time of importation into the United States by a certificate issued by a person authorized to issue such certificates by the veterinary services of the national government of the region of origin, stating:\n\n(1) That all the provisions of this section have been complied with, including paragraphs (i) and (m) of this section;\n\n(2) The paragraph of this section under which the dry-cured ham, pork shoulder, or pork loin was processed; and stating further that, if the product covered by the certificate:\n\n(i) Is an Italian-type ham processed under paragraph (i)(1) of this section, it was processed for a minimum of 400 days;\n\n(ii) Is a Serrano ham processed under paragraph (i)(2) of this section, it was:\n\n(A) Processed for a minimum of 190 days in a region free of swine vesicular disease, in a facility authorized by the veterinary services of the national government of that region to process only meat from regions free of swine vesicular disease; or,\n\n(B) Processed for a minimum of 560 days in any region, in a facility that may also process meat from regions where swine vesicular disease exists;\n\n(iii) Is an Iberian ham processed under paragraph (i)(3) of this section, it was:\n\n(A) Processed for a minimum of 365 days in a region free of swine vesicular disease, in a facility authorized by the veterinary services of the national government of that region to process only meat from regions free of swine vesicular disease; or,\n\n(B) Processed for a minimum of 560 days in any region, in a facility that may also process meat from regions where swine vesicular disease exists;\n\n(iv) Is a dry-cured pork shoulder, it was processed in accordance with paragraph (i)(4) of this section for a minimum of 240 days; or\n\n(v) Is a dry-cured pork loin, it was processed in accordance with paragraph (i)(5) of this section for a minimum of 130 days.\n\n(p) Whole hams, pork shoulders, and pork loins that have been dry-cured in accordance with paragraph (i) of this section may be transported to a facility in the same region for slicing and packaging in accordance with this paragraph.\n\n(1)  The slicing/packaging facility.  (i) The slicing/packaging facility \n 16 \n   must be inspected, prior to slicing and packaging any hams, pork shoulders, or pork loins in accordance with this paragraph, by an APHIS representative and determined by the Administrator to be capable of meeting the provisions of this paragraph.\n\n16  See footnote 15.\n\n(ii) The slicing/packaging facility must be either in a separate, physically detached building, or in a separate room in the facility where the whole ham, pork shoulder, or pork loin was dry-cured in accordance with paragraph (i) of this section. If the slicing/packaging facility is in a separate room, the room must have no direct access to areas in the facility where pork is cured and dried and it must be capable of being closed off from the rest of the facility so unauthorized individuals cannot enter.\n\n(iii) The slicing/packaging facility, including all equipment used to handle pork and pork products, such as containers, work surfaces, slicing machines, and packaging equipment, must be cleaned and disinfected after sliced and packaged pork products that are not eligible for export to the United States leave the facility, and before whole dry-cured hams, pork shoulders, or pork intended for importation into the United States enter the facility for slicing and packaging. Cleaning and disinfecting must be adequate to ensure that disease agents of concern are killed or inactivated and that pork products intended for importation into the United States are not contaminated.\n\n(iv) The slicing/packaging facility must maintain under lock and key for a minimum of 2 years, original records on each lot of whole dry-cured hams, pork shoulders, and pork loins entering the facility for slicing and packaging under this section, including:\n\n(A) The approval number of the facility where the whole ham, shoulder, or loin was dry-cured in accordance with paragraph (i) of this section;\n\n(B) The date the whole ham, shoulder, or loin started dry-curing;\n\n(C) The date the whole ham, shoulder, or loin completed dry-curing;\n\n(D) The date the whole ham, shoulder, or loin was sliced and packaged; and\n\n(E) A copy of all certifications required under paragraph (p) of this section.\n\n(v) Access to records required to be maintained under paragraph (p) of this section must be restricted to officials of the national government of the region of origin, representatives of the United States Government, and persons maintaining the records.\n\n(vi) The operator of the slicing/packaging facility must have signed a cooperative service agreement with APHIS prior to receipt of the whole dry-cured hams, pork shoulders, or pork loins for slicing and packaging, stating that all hams, pork shoulders, or pork loins sliced and packaged at the facility for importation into the United States will be sliced and packaged only in accordance with this section.\n\n(vii) The operator of the slicing/packaging facility must be current, in accordance with the terms of the cooperative service agreement signed with APHIS, in paying all costs for an APHIS representative to inspect the establishment, including travel, salary, subsistence, administrative overhead, and other incidental expenses.\n\n(viii) The slicing/packaging facility must allow the unannounced entry into the establishment of APHIS representatives, or other persons authorized by the Administrator, for the purpose of inspecting the establishment and records of the establishment.\n\n(ix) Workers at the slicing/packaging facility who handle pork or pork products in the facility must shower and put on a full set of clean clothes, or wait 24 hours after handling pork or pork products that are not eligible for importation into the United States, before handling dry-cured hams, pork shoulders, or pork loins in the slicing/packaging facility that are intended for importation into the United States.\n\n(x) Pork products intended for importation into the United States may not be in the slicing/packaging facility at the same time as pork products not intended for exportation to the United States.\n\n(2)  Slicing and packaging and labeling procedures.  (i) A full-time salaried veterinarian employed by the national government of the region of origin must inspect each lot of whole dry-cured hams, pork shoulders, and pork loins at the slicing/packaging facility, before slicing is begun, and must certify in English that it is eligible for importation into the United States in accordance with this section; and\n\n(ii) Either a full-time salaried veterinarian employed by the national government of the region of origin, or, if the national government of the region of origin recognizes a local consortium as responsible for product quality, a representative of that local consortium, must certify in English that he or she personally supervised the entire process of slicing and packaging each lot of dry-cured hams, pork shoulders, and pork loins at the slicing/packaging facility; that each lot of dry-cured hams, pork shoulders, and pork loins was sliced and packaged in accordance with the requirements of this paragraph; and that the sliced and packaged pork ham, shoulder, or loin is the same dry-cured ham, pork shoulder, or pork loin certified under paragraph (p)(2)(i).\n\n(iii) The sliced and packaged dry-cured pork ham, pork shoulder, or pork loin must be labeled with the date that processing of the meat under paragraph (i) of this section began, and with the date the meat was sliced and packaged."], ["9:9:1.0.1.4.35.0.74.19", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.18 Bovine spongiform encephalopathy; importation of edible products derived from bovines.", "APHIS", "", "", "[78 FR 72998, Dec. 4, 2013, as amended at 86 FR 68862, Dec. 3, 2021]", "(a) The importation of meat, meat products, and other edible products derived from bovines is prohibited with regard to BSE, except as provided in this section and in \u00a7\u00a7 94.19, 94.20, 94.21, 94.22, and 94.23.\n\n(b) The following commodities derived from bovines may be imported into the United States without restriction regarding BSE, provided that all other applicable requirements of this part are met:\n\n(1) Milk and milk products;\n\n(2) Boneless skeletal muscle meat (excluding mechanically separated meat) that:\n\n(i) Is derived from bovines that were not, prior to slaughter, subjected to a pithing process or to stunning with a device injecting compressed air or gas into the cranial cavity, and that passed ante-mortem and post-mortem inspection;\n\n(ii) Has been prepared in a manner to prevent contamination with SRMs; and\n\n(iii) Is accompanied to the United States by an original certificate stating that the conditions of paragraphs (b)(2)(i) and (b)(2)(ii) of this section have been met. The certificate must be issued and signed by a full-time salaried veterinary officer of the national government of the exporting region or signed by a person authorized to issue such certificates by the veterinary services of the national government of the exporting region."], ["9:9:1.0.1.4.35.0.74.2", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.1 Regions where foot-and-mouth disease exists; importations prohibited.", "APHIS", "", "", "[30 FR 12118, Sept. 23, 1965]", "(a) APHIS considers foot-and-mouth disease to exist in all regions of the world except those declared free of the disease by APHIS.\n\n(1) A list of regions that APHIS has declared free of foot-and-mouth disease is maintained on the APHIS website at  https://www.aphis.usda.gov/animalhealth/disease-status-of-regions.  Copies of the list can be obtained via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737;  AskRegionalization@usda.gov.\n\n(2) APHIS will add a region to the list of those it has declared free of foot-and-mouth disease after it conducts an evaluation of the region in accordance with \u00a7 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in \u00a7 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of foot-and-mouth disease upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable.\n\n(b) The importation of any ruminant or swine or any fresh (chilled or frozen) meat of any ruminant or swine \n 1 \n   that originates in any region where foot-and-mouth disease exists, as designated in paragraph (a) of this section, or that enters a port in or otherwise transits a region in which foot-and-mouth disease exists, is prohibited:\n\n1  Importation of animals and meat includes bringing the animals or meat within the territorial limits of the United States on a means of conveyance for use as sea stores or for other purposes.\n\n(1) Except as provided in part 93 of this chapter for wild ruminants and wild swine;\n\n(2) Except as provided in paragraph (d) of this section for fresh (chilled or frozen) meat of ruminants or swine that is otherwise eligible for importation under this part but that enters a port or otherwise transits a region where foot-and-mouth disease exists; and\n\n(3) Except as provided in \u00a7 94.4 of this part for cooked or cured meat from regions where foot-and-mouth disease exists.\n\n(4) Except as provided in \u00a7 94.29 for fresh (chilled or frozen) beef and ovine meat.\n\n(c) The importation of any used farm equipment that originates in any region where foot-and-mouth disease exists, as designated in paragraph (a) of this section, is prohibited, unless the equipment is accompanied by an original certificate signed by an authorized official of the national animal health service of the exporting region that states that the equipment, after its last use and prior to export, was steam-cleaned free of all exposed dirt and other particulate matter. Such farm equipment is subject to APHIS inspection at the port of arrival. If it is found during such inspection to contain any exposed dirt or other particulate matter, it will be denied entry into the United States, unless, in the judgment of the APHIS inspector, the amount of exposed soil is minimal enough to allow cleaning at the port of arrival, and there are adequate facilities and personnel at the port to conduct such cleaning without risk of disease contamination.\n\n(d) Except as otherwise provided in this part, fresh (chilled or frozen) meat of ruminants or swine raised and slaughtered in a region free of foot-and-mouth disease, as designated in paragraph (a) of this section, and fresh (chilled or frozen) beef and ovine meat exported in accordance with \u00a7 94.29, which during shipment to the United States enters a port or otherwise transits a region where foot-and-mouth disease exists, may be imported provided that all of the following conditions are met:\n\n(1) The meat is accompanied by the foreign meat inspection certificate required by \u00a7 327.4 of this title and, upon arrival of the meat in the United States, the foreign meat inspection certificate is presented to an authorized inspector at the port of arrival;\n\n(2) The meat is placed in the transporting carrier in a hold, compartment, or, if the meat is containerized, in a container that which was sealed in the region of origin by an official of such region with serially numbered seals approved by APHIS, so as to prevent contact of the meat with any other cargo, handling of the meat after the hold, compartment, or container is sealed, and the loading of any cargo into and the removal of any cargo from the sealed hold, compartment, or container en route to the United States;\n\n(3) If any foreign official breaks a seal applied in the region of origin in order to inspect the meat, he or she then reseals the hold, compartment, or container with a new serially numbered seal; and, if any member of a ship's crew breaks a seal, the serial number of the seal, the location of the seal, and the reason for breaking the seal are recorded in the ship's log.\n\n(4) The serial numbers of the seals used to seal the hold, compartment, or container are recorded on the foreign meat inspection certificate which accompanies the meat;\n\n(5) Upon arrival of the carrier in the United States port of arrival, the seals are found by an APHIS representative to be intact, and the representative finds that there is no evidence indicating that any seal has been tampered with;  Provided that,  if the representative finds that any seal has been broken or has a different number than is recorded on the foreign meat inspection certificate, then the meat may remain eligible for entry into the United States only if APHIS personnel are available to inspect the hold, compartment, or container, the packages of meat, and all accompanying documentation; and the importer furnishes additional documentation (either copies of pages from the ship's log signed by the officer-in-charge, or certification from a foreign government that the original seal was removed and the new seal applied by officials of that government) that demonstrates to the satisfaction of the Administrator that the meat was not contaminated or exposed to contamination during movement from the region of origin to the United States; and\n\n(6) The meat is found by an authorized inspector to be as represented on the foreign meat inspection certificate."], ["9:9:1.0.1.4.35.0.74.20", 9, "Animals and Animal Products", "I", "D", "94", "PART 94\u2014FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS", "", "", "", "\u00a7 94.19 Importation of meat, meat byproducts, and meat food products derived from bovines from regions of negligible risk for BSE.", "APHIS", "", "", "[78 FR 72999, Dec. 4, 2013]", "Meat, meat byproducts, and meat food products, as defined by FSIS in 9 CFR 301.2-except that those terms as applied to bison shall have a meaning comparable to those provided in 9 CFR 301.2 with regard to cattle, and other than boneless skeletal meat that meets the conditions of \u00a7 94.18(b)(2)\u2014may be imported from a region of negligible risk for BSE, as defined in \u00a7 92.1 of this subchapter, if the following conditions and all other applicable requirements of this part are met:\n\n(a) The commodities were exported from a region of negligible risk for BSE.\n\n(b) If BSE has been diagnosed in one or more indigenous bovines in the region of negligible risk, the commodities were derived from bovines subject to a ban on the feeding to ruminants of meat-and-bone meal or greaves derived from ruminants.\n\n(c) The commodities were derived from bovines that passed ante-mortem and post-mortem inspections.\n\n(d) The commodities are accompanied by an original certificate stating that the exporting region is classified by APHIS as a region of negligible risk for BSE and that the conditions of paragraphs (a) through (c) of this section, as applicable, have been met. The certificate must be issued and signed by a full-time salaried veterinary officer of the national government of the exporting region, or signed by a person authorized to issue such certificates by the veterinary services of the national government of the exporting region.\n\nTo be eligible to export meat, meat byproducts, and meat food products under the conditions of this section for human consumption, a region must also be one that has demonstrated to FSIS in accordance with 9 CFR 310.22 that its BSE risk status can reasonably be expected to provide the same level of protection from human exposure to the BSE agent as does prohibiting specified risk materials for use as human food in the United States."]], "truncated": false, "filtered_table_rows_count": 120, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", 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