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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 17:17:2.0.1.1.29.0.1.1 | 17 | Commodity and Securities Exchanges | I | 166 | PART 166—CUSTOMER PROTECTION RULES | § 166.1 Definitions. | CFTC | [43 FR 31886, July 24, 1978, as amended at 46 FR 54535, Nov. 3, 1981; 52 FR 29003, Aug. 5, 1987; 72 FR 63979, Nov. 14, 2007] | (a) The term Commission registrant as used in this part means any person who is registered or required to be registered with the Commission pursuant to the Act or any rule, regulation, or order thereunder. (b) [Reserved] (c) The term customer as used in this part means any person trading, intending to trade, or receiving or seeking advice concerning any commodity interest, including any existing or prospective client or subscriber of a commodity trading advisor or existing or prospective participant in a commodity pool, but the term does not include a person who is acting in the capacity of a Commission registrant with respect to the trade. (d) The term commodity account as used in this part means the account of a customer in which any commodity interest is, or is intended to be, traded. | ||||||
| 17:17:2.0.1.1.29.0.1.2 | 17 | Commodity and Securities Exchanges | I | 166 | PART 166—CUSTOMER PROTECTION RULES | § 166.2 Authorization to trade. | CFTC | [75 FR 55451, Sept. 10, 2010, as amended at 77 FR 66349, Nov. 2, 2012; 83 FR 7997, Feb. 23, 2018] | No futures commission merchant, retail foreign exchange dealer, introducing broker or any of their associated persons may directly or indirectly effect a transaction in a commodity interest for the account of any customer unless before the transaction the customer, or person designated by the customer to control the account: (a) With respect to a commodity interest as defined in any paragraph of the commodity interest definition in § 1.3 of this chapter, specifically authorized the futures commission merchant, retail foreign exchange dealer, introducing broker or any of their associated persons to effect the transaction (a transaction is “specifically authorized” if the customer or person designated by the customer to control the account specifies— (1) The precise commodity interest to be purchased or sold; and (2) The exact amount of the commodity interest to be purchased or sold); or (b) With respect to a commodity interest as defined in paragraph (1) or (2) of the commodity interest definition in § 1.3 of this chapter, authorized in writing the futures commission merchant, introducing broker or any of their associated persons to effect transactions in commodity interests for the account without the customer's specific authorization; Provided, however, That if any such futures commission merchant, introducing broker or any of their associated persons is also authorized to effect transactions in foreign futures or foreign options without the customer's specific authorization, such authorization must be expressly documented. | ||||||
| 17:17:2.0.1.1.29.0.1.3 | 17 | Commodity and Securities Exchanges | I | 166 | PART 166—CUSTOMER PROTECTION RULES | § 166.3 Supervision. | CFTC | [48 FR 35304, Aug. 3, 1983] | Each Commission registrant, except an associated person who has no supervisory duties, must diligently supervise the handling by its partners, officers, employees and agents (or persons occupying a similar status or performing a similar function) of all commodity interest accounts carried, operated, advised or introduced by the registrant and all other activities of its partners, officers, employees and agents (or persons occupying a similar status or performing a similar function) relating to its business as a Commission registrant. | ||||||
| 17:17:2.0.1.1.29.0.1.4 | 17 | Commodity and Securities Exchanges | I | 166 | PART 166—CUSTOMER PROTECTION RULES | § 166.4 Branch offices. | CFTC | [48 FR 35304, Aug. 3, 1983] | Each branch office of each Commission registrant must use the name of the firm of which it is a branch for all purposes, and must hold itself out to the public under such name. The act, omission or failure of any person acting for the branch office, within the scope of his employment or office, shall be deemed the act, omission or failure of the Commission registrant as well as of such person. | ||||||
| 17:17:2.0.1.1.29.0.1.5 | 17 | Commodity and Securities Exchanges | I | 166 | PART 166—CUSTOMER PROTECTION RULES | § 166.5 Dispute settlement procedures. | CFTC | [66 FR 42287, Aug. 10, 2001, as amended at 75 FR 55451, Sept. 10, 2010; 77 FR 66349, Nov. 2, 2012] | (a) Definitions. (1) The term claim or grievance as used in this section shall mean any dispute that: (A) Arises out of any transaction executed on or subject to the rules of a designated contract market, (B) Is executed or effected through a member of such facility, a participant transacting on or through such facility or an employee of such facility, and (C) Does not require for adjudication the presence of essential witnesses or third parties over whom the facility does not have jurisdiction and who are not otherwise available. (ii) Arises out of any retail forex transaction (as defined in § 5.1(m) of this chapter). (2) The term customer as used in this section includes any person for or on behalf of whom a member of a designated contract market, or a participant transacting on or through such designated contract market, effects a transaction on such contract market, except another member of or participant in such designated contract market. Provided, however, a person who is an “eligible contract participant” as defined in section 1a(18) of the Act shall not be deemed to be a customer within the meaning of this section. (3) The term Commission registrant as used in this section means a person registered under the Act as a futures commission merchant, retail foreign exchange dealer, introducing broker, floor broker, commodity pool operator, commodity trading advisor, or associated person. (b) Voluntariness. The use by customers of dispute settlement procedures shall be voluntary as provided in paragraphs (c) and (g) of this section. (c) Customers. No Commission registrant shall enter into any agreement or understanding with a customer in which the customer agrees, prior to the time a claim or grievance arises, to submit such claim or grievance to any settlement procedure except as follows: (1) Signing the agreement must not be made a condition for the customer to utilize the services offered by the Commission registrant. (2) If the agreement is contained as a clause or clauses of a broa… | ||||||
| 21:21:2.0.1.1.41.1.1.1 | 21 | Food and Drugs | I | B | 166 | PART 166—MARGARINE | A | Subpart A—General Provisions | § 166.40 Labeling of margarine. | FDA | [42 FR 14477, Mar. 15, 1977, as amended at 46 FR 31005, June 12, 1981; 47 FR 32421, July 27, 1982] | The Federal Food, Drug, and Cosmetic Act was amended by Pub. L. 459, 81st Congress (64 Stat. 20) on colored oleomargarine or margarine by adding thereto a new section numbered 407. Among other things, this section requires that there appear on the label of the package the word “oleomargarine” or “margarine” in type or lettering at least as large as any other type or lettering on the label, and a full and accurate statement of all the ingredients contained in such oleomargarine or margarine. It provides that these requirements “shall be in addition to and not in lieu of any of the other requirements of this Act”. (a) Under section 403(g) of the Federal Food, Drug, and Cosmetic Act, any article that is represented as or purports to be oleomargarine or margarine must conform to the definition and standard of identity for oleomargarine or margarine promulgated under section 401 of the act (Subpart B of this part), and its label must bear the name “oleomargarine” or “margarine”. (b) The identity standard for oleomargarine or margarine applies to both the uncolored and the colored article. (c) In considering the requirement that the word “oleomargarine” or “margarine” be in type or lettering at least as large as any other type or lettering on the label, it must be borne in mind that at least three factors are involved—the height of each letter, the area occupied by each letter as measured by a closely fitting rectangle drawn around it, and the boldness of letters or breadth of the lines forming the letters. The type or lettering used should meet the following tests: (1) The height of each letter in the word “oleomargarine” or “margarine” should equal or exceed the height of any other letter elsewhere on the label. (2) The area of the closely fitting rectangle with respect to any of the letters in the word “oleomargarine” or “margarine” should equal or exceed the area of such rectangle applied to the same or a corresponding letter elsewhere on the label. (3) The letters in the word “oleomargarine” or “margarine” s… | |||
| 21:21:2.0.1.1.41.2.1.1 | 21 | Food and Drugs | I | B | 166 | PART 166—MARGARINE | B | Subpart B—Requirements for Specific Standardized Margarine | § 166.110 Margarine. | FDA | [42 FR 14478, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982; 48 FR 13024, Mar. 29, 1983; 49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2886, Jan. 6, 1993; 58 FR 21649, Apr. 23, 1993; 59 FR 26939, May 25, 1994; 63 FR 14035, Mar. 24, 1998] | (a) Description. Margarine (or oleomargarine) is the food in plastic form or liquid emulsion, containing not less than 80 percent fat determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), section 16.206, “Indirect Method,” under the heading “Fat (47)—Official Final Action,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Margarine contains only safe and suitable ingredients, as defined in § 130.3(d) of this chapter. It is produced from one or more of the optional ingredients in paragraph (a)(1) of this section, and one or more of the optional ingredients in paragraph (a)(2) of this section, to which may be added one or more of the optional ingredients in paragraph (b) of this section. Margarine contains vitamin A as provided for in paragraph (a)(3) of this section. (1) Edible fats and/or oils, or mixtures of these, whose origin is vegetable or rendered animal carcass fats, or any form of oil from a marine species that has been affirmed as GRAS or listed as a food additive for this use, any or all of which may have been subjected to an accepted process of physico-chemical modification. They may contain small amounts of other lipids, such as phosphatides or unsaponifiable constituents, and of free fatty acids naturally present in the fat or oil. (2) One or more of the following aqueous phase ingredients: (i) Water and/or milk and/or milk products. (ii) Suitable edible protein including, but not limited to, the liquid, condensed, or dry form of whey, whey modified by the reduction of lactose and/or minerals, nonlactose containing whey components, albumin, casein, caseinat… | |||
| 33:33:2.0.1.6.33.1.222.1 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | A | Subpart A—General | § 166.100 Purpose. | USCG | [CGD 81-80a, 48 FR 30110, June 30, 1983] | The purpose of these regulations is to establish and designate shipping safety fairways and fairway anchorages to provide unobstructed approaches for vessels using U.S. ports. | |||
| 33:33:2.0.1.6.33.1.222.2 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | A | Subpart A—General | § 166.103 Geographic coordinates. | USCG | [CGD 86-082, 52 FR 33811, Sept. 8, 1987] | Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used. | |||
| 33:33:2.0.1.6.33.1.222.3 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | A | Subpart A—General | § 166.105 Definitions. | USCG | [CGD 81-80a, 48 FR 30110, June 30, 1983] | (a) Shipping safety fairway or fairway means a lane or corridor in which no artificial island or fixed structure, whether temporary or permanent, will be permitted. Temporary underwater obstacles may be permitted under certain conditions described for specific areas in subpart B. Aids to navigation approved by the U.S. Coast Guard may be established in a fairway. (b) Fairway anchorage means an anchorage area contiguous to and associated with a fairway, in which fixed structures may be permitted within certain spacing limitations, as described for specific areas in subpart B. | |||
| 33:33:2.0.1.6.33.1.222.4 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | A | Subpart A—General | § 166.110 Modification of areas. | USCG | [CGD 81-80a, 48 FR 30110, June 30, 1983, as amended by USCG-2020-0304, 85 FR 58281, Sept. 18, 2020] | Fairways and fairway anchorages are subject to modification in accordance with 46 U.S.C. 70003. | |||
| 33:33:2.0.1.6.33.2.222.1 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | B | Subpart B—Designations of Fairways and Fairway Anchorages | § 166.200 Shipping safety fairways and anchorage areas, Gulf of America. | USCG | [CGD 81-040, 47 FR 20581, May 13, 1982] | (a) Purpose. Fairways and anchorage areas as described in this section are established to control the erection of structures therein to provide safe approaches through oil fields in the Gulf of America to entrances to the major ports along the Gulf Coast. (b) Special Conditions for Fairways in the Gulf of America. Temporary anchors and attendant cables or chains attached to floating or semisubmersible drilling rigs outside a fairway may be placed within a fairway described in this section for the Gulf of America, provided the following conditions are met: (1) Anchors installed within fairways to stabilize semisubmersible drilling rigs shall be allowed to remain 120 days. This period may be extended by the Army Corps of Engineers, as provided by § 209.135(b). (2) Drilling rigs must be outside of any fairway boundary to whatever distance is necessary to ensure that the minimum depth of water over an anchor line within a fairway is 125 feet. (3) No anchor buoys or floats or related rigging will be allowed on the surface of the water or to a depth of at least 125 feet from the surface, within a fairway. (4) Aids to Navigation or danger markings must be installed as required by 33 CFR Subchapter C. (c) Special Conditions for Fairway Anchorages in the Gulf of America. Structures may be placed within an area designated as a fairway anchorage, but the number of structures will be limited by spacing as follows: (1) The center of a structure to be erected shall not be less than two (2) nautical miles from the center of any existing structure. (2) In a drilling or production complex, associated structures connected by walkways shall be considered one structure for purposes of spacing, and shall be as close together as practicable having due consideration for the safety factors involved. (3) A vessel fixed in place by moorings and used in conjunction with the associated structures of a drilling or production complex, shall be considered an attendant vessel and the extent of the complex shall include the vessel… | |||
| 33:33:2.0.1.6.33.2.222.2 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | B | Subpart B—Designations of Fairways and Fairway Anchorages | § 166.300 Areas along the coast of California. | USCG | [CGD 82-101, 48 FR 49019, Oct. 24, 1983] | (a) Purpose. Fairways as described in this section are established to control the erection of structures therein to provide safe vessel routes along the coast of California. (b) Designated Areas —(1) Port Hueneme Safety Fairway. An area one nautical mile in width centered on the alinement of Port Hueneme Entrance Channel and extending seaward from the 30-foot-depth curve for a distance of 1.5 nautical miles, thence turning southerly and widening to 1.5 nautical miles at the 3-mile limit, all between lines joining the following points: thence generally along the 30-foot-depth curve to the seaward end of the west entrance jetty; seaward end of the east entrance jetty, thence generally along the 30-foot-depth curve to: thence generally along the 30-foot-depth curve to the seaward end of the west entrance jetty; seaward end of the east entrance jetty, thence generally along the 30-foot-depth curve to: (2) [Reserved] | |||
| 33:33:2.0.1.6.33.2.222.3 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | B | Subpart B—Designations of Fairways and Fairway Anchorages | § 166.400 Areas along the coast of Alaska. | USCG | [CGD 81-103, 51 FR 43349, Dec. 2, 1986] | (a) Purpose. Fairways, as described in this section, are established to control the erection of structures therein to provide safe vessel routes along the coast of Alaska. (b) Designated Areas —(1) Prince William Sound Safety Fairway —(i) Hinchinbrook Entrance Safety Fairway. The area enclosed by rhumb lines joining points at: (ii) Gulf to Hinchinbrook Safety Fairway (recommended for inbound vessel traffic). The area enclosed by rhumb lines joining points at: (iii) Hinchinbrook to Gulf Safety Fairway (recommended for outbound vessel traffic). The area enclosed by rhumb lines joining points at: (2) Unimak Pass Safety Fairway —(i) East/West Safety Fairway. The area enclosed by rhumb lines joining points at: (ii) North/South Safety Fairway. The area enclosed by rhumb lines joining points at: | |||
| 33:33:2.0.1.6.33.2.222.4 | 33 | Navigation and Navigable Waters | I | P | 166 | PART 166—SHIPPING SAFETY FAIRWAYS | B | Subpart B—Designations of Fairways and Fairway Anchorages | § 166.500 Areas along the Atlantic Coast. | USCG | [CGD 84-004, 52 FR 33589, Sept. 4, 1987; 52 FR 36248, Sept. 28, 1987] | (a) Purpose. Fairways, as described in this section are established to control the erection of structures therein to provide safe vessel routes along the Atlantic Coast. (b) Designated Areas —(1) Off New York Shipping Safety Fairway. (i) Ambrose to Nantucket Safety Fairway. The area enclosed by rhumb lines, [North American Datum of 1927 (NAD-27)] joining points at: (ii) Nantucket to Ambrose Safety Fairway. The area enclosed by rhumb lines, NAD-27, joining point at: | |||
| 40:40:26.0.1.1.15.1.19.1 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | A | Subpart A—General Provisions | § 166.1 Purpose and organization. | EPA | (a) Purpose and scope. Section 18 of the Act authorizes the Administrator to exempt State and Federal agencies from any provision of the Act, if he determines that emergency conditions exist which require an exemption. The regulations in this part establish procedures whereby the Administrator may exempt a Federal or State agency from the provisions of the Act which regulate the manner in which a pesticide is made available for use or is used. (b) Organization. (1) The provisions in subpart A of this part describe the four types of emergency exemptions authorized by the Agency and define terms used in this part. (2) Subpart B of this part establishes procedures and criteria for specific, quarantine, and public health exemptions. (3) Subpart C of this part establishes procedures and criteria for crisis exemptions. | ||||
| 40:40:26.0.1.1.15.1.19.2 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | A | Subpart A—General Provisions | § 166.2 Types of exemptions. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4510, Jan. 27, 2006] | There are four types of emergency exemptions which may be authorized: specific, quarantine, public health, and crisis exemptions. (a) Specific exemption. A specific exemption may be authorized in an emergency condition to avert: (1) A significant economic loss; or (2) A significant risk to: (i) Endangered species, (ii) Threatened species, (iii) Beneficial organisms, or (iv) The environment. (b) Quarantine exemption. A quarantine exemption may be authorized in an emergency condition to control the introduction or spread of any pest that is an invasive species, or is otherwise new to or not theretofore known to be widely prevalent or distributed within and throughout the United States and its territories. (c) Public health exemption. A public health exemption may be authorized in an emergency condition to control a pest that will cause a significant risk to human health. (d) Crisis exemption. A crisis exemption may be utilized in an emergency condition when the time from discovery of the emergency to the time when the pesticide use is needed is insufficient to allow for the authorization of a specific, quarantine, or public health exemption. | |||
| 40:40:26.0.1.1.15.1.19.3 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | A | Subpart A—General Provisions | § 166.3 Definitions. | EPA | [73 FR 75597, Dec. 12, 2008] | Terms used in this part have the same meaning as in the Act. In addition, as used in this part, the following terms shall apply: Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. Agency and EPA mean the U. S. Environmental Protection Agency. Beneficial organism means any pollinating insect, or any pest predator, parasite, pathogen or other biological control agent which functions naturally or as part of an integrated pest management program to control another pest. Emergency condition means an urgent, non-routine situation that requires the use of a pesticide(s) and shall be deemed to exist when: (1) No effective pesticides are available under the Act that have labeled uses registered for control of the pest under the conditions of the emergency; and (2) No economically or environmentally feasible alternative practices which provide adequate control are available; and (3) The situation: (i) Involves the introduction or dissemination of an invasive species or a pesticide new to or not theretofore known to be widely prevalent or distributed within or throughout the United States and its territories; or (ii) Will present significant risks to human health; or (iii) Will present significant risks to threatened or endangered species, beneficial organisms, or the environment; or (iv) Will cause significant economic loss due to: (A) An outbreak or an expected outbreak of a pest; or (B) A change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide(s). First food use means the use of a pesticide on a food or in a manner which otherwise would be expected to result in residues in a food, if no tolerance or exemption from the requirements of a tolerance for residues of the pesticide on any food has been established for the pesticide under section 408 of the Federal Food, Drug, and Cosmetic Act. Food means any article used for food or drink for man or animals. Invasive species means, with respec… | |||
| 40:40:26.0.1.1.15.1.19.4 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | A | Subpart A—General Provisions | § 166.7 User notification; advertising. | EPA | [54 FR 1125, Jan. 11, 1989] | (a) A State or Federal agency that obtains an exemption may notify eligible users of the availability of the exempted pesticide(s) through user groups, retail dealers, and other means. Notification may include distributing copies of the section 18 approval letter, labeling, or other information to eligible persons. (b) As set forth more fully in § 168.22 of this chapter, EPA interprets FIFRA sections 12(a)(1) (A) and (B) as making it unlawful for any person who distributes, sells, offers for sale, holds for sale, ships, delivers for shipment, or receives and (having so received) delivers or offers to deliver any pesticide, to advertise the pesticide for any use authorized by an emergency exemption, except for advertisements that are placed in media that address only persons in the geographical area to which the exemption applies, state the name and address of one or more retail dealers where users may buy the pesticide, and contain a prominent notice of the limitations on use under the emergency exemption. EPA may withdraw an exemption if the use of the pesticide covered by the exemption is advertised unlawfully. | |||
| 40:40:26.0.1.1.15.2.19.1 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.20 Application for a specific, quarantine, or public health exemption. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993; 71 FR 4511, Jan. 27, 2006] | (a) General information required in an application for a specific, quarantine or public health exemption. An application must be submitted in writing by the head of the Federal or State agency, the Governor of the State involved, or their official designee. If a designee has been delegated authority to request exemptions, written authorization of such delegation must accompany the request or be on file with the Agency. In addition, the application must contain all applicable information specified in paragraphs (a) (1) through (11) of this section. (1) Identity of contact persons. (i) Unless otherwise specified, the person who submits the application will be considered the contact person for all matters relating to administration of the emergency exemption. (ii) Requests should identify by name and telephone number one or more qualified experts who may be contacted in case any questions arise concerning the application. (2) Description of the pesticide. The application shall contain a description of the pesticide(s) proposed for use under the exemption. Such information shall include: (i) For a federally registered pesticide product: (A) A copy of the label(s) if a specific product(s) is/are requested; or the formulation(s) requested if a specific product is not requested; and (B) A copy of any additional labeling proposed for the emergency exemption; or (ii) For any other pesticide products: (A) A confidential statement of formula or reference to one already submitted to the Agency; and (B) Complete labeling to be used in connection with the proposed exemption use. (3) Description of the proposed use. The application shall identify all of the following: (i) Sites to be treated, including their locations within the State; (ii) The method of application; (iii) The rate of application in terms of active ingredient and product; (iv) The maximum number of applications; (v) The total acreage or other appropriate unit proposed to be treated; (vi) The total amount of pesticide proposed to be used … | |||
| 40:40:26.0.1.1.15.2.19.2 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.22 Consultation with the Secretary of Agriculture and Governors of the States. | EPA | The Agency, in determining whether or not such emergency conditions exist, shall consult with the Secretary of Agriculture and the Governor of any State concerned if they request such determination. | ||||
| 40:40:26.0.1.1.15.2.19.3 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.24 Public notice of receipt of application and opportunity for public comment. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006] | (a) Publication requirement. The Administrator shall issue a notice of receipt in the Federal Register for a specific, quarantine, or public health exemption and request public comment when any one of the following criteria is met: (1) The application proposes use of a new chemical; (2) The application proposes the first food use of an active ingredient; (3) The application proposes any use of a pesticide if the pesticide has been subject to a suspension notice under section 6(c) of the Act; (4) The application proposes use of a pesticide which: (i) Was the subject of a notice under section 6(b) of the Act and was subsequently cancelled, and (ii) Is intended for a use that poses a risk similar to the risk posed by any use of the pesticide which was the subject of the notice under section 6(b); (5) The application proposes use of a pesticide which: (i) Contains an active ingredient which is or has been the subject of a Special Review, and (ii) Is intended for a use that could pose a risk similar to the risk posed by any use of the pesticide which is or has been the subject of the Special Review; (6) The application proposes use of a pesticide which: (i) Was voluntarily canceled under section 6(f) of the Act, and (ii) Is intended for a use that poses a risk similar to the risk posed by any use of the pesticide which was voluntarily canceled under section 6(f); (7) The application proposes use of a pesticide for a specific or public health exemption, if: (i) An emergency exemption has been requested or approved for that use in any 3 previous years, or any 5 previous years if the use is supported by the IR-4 program, and (ii) A complete application for registration of that use and/or a petition for tolerance for residues in or on the commodity has not been submitted to the Agency; or (8) The Administrator determines that publication of notice is appropriate. (b) Contents. The notice of receipt of an application for an emergency exemption shall contain the following information: (1) The name of… | |||
| 40:40:26.0.1.1.15.2.19.4 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.25 Agency review. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006] | (a) General. The Agency will review all requests as expeditiously as possible, making every attempt to respond to requests prior to the time when the proposed use is needed. The Agency will review the application and other available data necessary to make a determination with respect to all of the following: (1) Whether an emergency condition exists or will exist; (2) The Agency's ability and intention to establish a time-limited tolerance(s) or exemption(s) from the requirement of a tolerance for any pesticide residues resulting from the authorized use, identifying the level of permissible residues in or on food or feed resulting from the proposed use; (3) The anticipated benefits to be derived from the proposed use; and (4) The potential risks to human health, endangered or threatened species, beneficial organisms, and the environment from the proposed use. (b) Criteria for approval. The Administrator may authorize a specific, public health, or quarantine exemption, based on the information available to the Agency, after: (1) He determines that: (i) An emergency condition exists; (ii) The use of the pesticide under the exemption will not cause unreasonable adverse effects on the environment; (iii) Registration of the pesticide use for which the exemption is requested has not been suspended under section 6(c) of the Act or cancelled following a notice under section 6(b) of the Act, unless the use is authorized in accordance with the provisions of §§ 164.130 through 164.133 of this chapter; (2) Giving due consideration to: (i) Whether the pesticide is reasonably likely to be used in compliance with the requirements imposed by the Agency under the exemption; and (ii) The progress which has been made toward registration of the proposed use, if a repeated specific or public health exemption is sought. It shall be presumed that if a complete application for registration of a use, which has been under a specific or public health exemption for any 3 previous years, or any 5 previous years if the use is … | |||
| 40:40:26.0.1.1.15.2.19.5 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.28 Duration of exemption. | EPA | (a) Specific or public health exemptions. EPA shall allow use of a pesticide under a specific or public health exemption for as long a period as is reasonably expected to be necessary but in no case for longer than 1 year. (b) Quarantine exemption. EPA shall allow use of a pesticide under a quarantine exemption for as long a period as is deemed necessary but in no case for longer than 3 years. Quarantine exemptions may be renewed. Interim reports containing the information specified in § 166.32(b) to the extent available shall be filed annually. | ||||
| 40:40:26.0.1.1.15.2.19.6 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.30 Notice of Agency decision. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006] | (a) Notification of applicants. The Agency shall notify an applicant of its decision to approve or deny an application request for an emergency exemption in a timely manner. (1) Incomplete applications. The Agency may discontinue the processing of any application that does not address all of the requirements of § 166.20 until such time the additional information is submitted by the applicant. (2) Complete applications —(i) Denials. The Agency shall provide the specific reasons and rationale for denying the exemption request. If the denial is based on a specific information gap, the decision shall be reconsidered in a timely manner when the information gap is filled. (ii) Approvals. The Agency shall provide the specific terms and conditions under which the exempted pesticide may be used. (b) Federal Register publication. (1) At least quarterly, the Administrator shall issue a notice in the Federal Register announcing all approvals of specific, quarantine, and public health exemptions. The notice shall contain all of the following: (i) The name of the applicant; (ii) The pesticide authorized for use; (iii) The crop or site to be treated; and (iv) The name, address, and telephone number of a person in the Agency who can provide further information. (2) In addition, if EPA has issued a Notice of Receipt of an application for an exemption, it will issue a notice of its final decision and the reasons for that decision. | |||
| 40:40:26.0.1.1.15.2.19.7 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.32 Reporting and recordkeeping requirements for specific, quarantine, and public health exemptions. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993; 71 FR 4512, Jan. 27, 2006] | (a) Unexpected adverse effects information. Any unexpected adverse effects resulting from the use of a pesticide under a specific, quarantine, or public health exemption must be immediately reported to the Agency. (b) Interim and final reports. A final report summarizing the results of pesticide use under any specific, quarantine, or public health exemption must be submitted to the Agency within 6 months from the expiration of the exemption unless otherwise specified by the Agency. For quarantine exemptions granted for longer than 1 year, interim reports must be submitted annually. When an application for renewal of the exemption is submitted before the expiration of the exemption or before submission of the final report, an interim report must be submitted with the application. The information in interim and final reports shall include all of the following: (1) Total acreage, amount of commodity or other unit treated and the total quantity of the pesticide used; (2) A discussion of the effectiveness of the pesticide in dealing with the emergency condition; (3) A description of any unexpected adverse effects which resulted from use of the pesticide under the exemption; (4) The results of any monitoring required and/or carried out under the exemption; (5) A discussion of any enforcement actions taken in connection with the exemption; (6) Method(s) of disposition of a food crop, if required to be destroyed under an exemption; and (7) Any other information requested by the Administrator. (c) Records. Records for all treatments involving the first food use of a pesticide will be maintained by the agency to which the emergency exemption was granted for a minimum of 2 years following the date of expiration of the exemption. On request by the Agency these records shall be made available to the Administrator. Records will include all of the following: (1) Locations where the pesticide was applied; (2) Dates of application (range); and (3) Total quantity of the pesticide used. | |||
| 40:40:26.0.1.1.15.2.19.8 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.34 EPA review of information obtained in connection with emergency exemptions. | EPA | EPA shall review information submitted in connection with emergency exemptions and, when applicable, use it in connection with other regulatory decisions under the Act. | ||||
| 40:40:26.0.1.1.15.2.19.9 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | B | Subpart B—Specific, Quarantine, and Public Health Exemptions | § 166.35 Revocation or modification of exemptions. | EPA | (a) Grounds. The Administrator may revoke or modify the terms or conditions of a specific, quarantine, or public health exemption if he determines one of the following: (1) An emergency no longer exists; (2) Use of the pesticide under the exemption may cause unreasonable adverse effects on the environment; (3) The pesticide authorized under the exemption is not effective at controlling the pest or conditions causing the emergency; or (4) The terms and conditions established by the exemption and these regulations are not being complied with. (b) Implementation. The revocation or modification becomes effective as soon as the Administrator notifies the State or Federal agency which submitted the application. Upon notification, the applicant is required immediately to take all necessary steps to assure that further use complies with the terms and conditions of any modification or, if the exemption has been revoked, to stop further use. | ||||
| 40:40:26.0.1.1.15.3.19.1 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.40 Authorization. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006] | The head of a Federal or State agency, the Governor of a State, or their official designee, may issue a crisis exemption in situations involving an unpredictable emergency situation when: (a) An unpredictable emergency condition exists; (b) The time element with respect to the application of the pesticide is critical, and there is not sufficient time either to request a specific, quarantine, or public health exemption or, if such a request has been submitted, for EPA to complete review of the request; and (c) EPA has provided verbal confirmation that, for food uses, a tolerance or exemption from the requirement of a tolerance can be established in a timely manner, responsive to the projected timeframe of use of the chemical and harvest of the commodity, and that, for any use, the Agency has no other objection. | |||
| 40:40:26.0.1.1.15.3.19.2 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.41 Limitations. | EPA | The crisis provisions may not be utilized to authorize a pesticide use if any of the following has occurred: (a) EPA has informed the head of the Federal or State agency, the Governor, or their official designee, not to issue such an exemption; (b) The pesticide use has been suspended under section 6(c) of the Act; (c) The pesticide use has been cancelled following a notice issued under section 6(b) of the Act; (d) The pesticide contains a new chemical; or (e) The application proposes the first food use of a pesticide. | ||||
| 40:40:26.0.1.1.15.3.19.3 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.43 Notice to EPA and registrants or basic manufacturers. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993; 71 FR 4512, Jan. 27, 2006] | (a) Timing of notice. (1) The State or Federal Agency issuing the crisis exemption must notify the Administrator in advance of utilization of the crisis provisions. (2) The State or Federal agency issuing the crisis exemption shall notify the registrant(s) or, if appropriate, the basic manufacturer(s) of the pesticide(s) being used under the crisis exemption at the same time notice is given to EPA or as soon thereafter as possible. (b) Contents of notice. Information required to be provided in notices shall include all of the following: (1) The name of the product and active ingredient authorized for use, along with the common name and CAS number if available, including a copy of the EPA registered label and use directions appropriate to the authorized use; (2) The site on which the pesticide is to be used or is being used; (3) The use pattern; (4) The date on which the pesticide use is to begin and the date when the use will end; (5) An estimate of the level of residues of the pesticide expected to result from use under the crisis exemption; (6) Earliest anticipated harvest date of the treated commodity; (7) Description of the emergency situation; and (8) Any other pertinent information available at the time. | |||
| 40:40:26.0.1.1.15.3.19.4 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.45 Duration of crisis exemption. | EPA | A crisis exemption may be authorized for: (a) Only as long as is necessary to control the pest or conditions causing the emergency; and (b) No longer than 15 days, unless an application requesting a specific, quarantine, or public health exemption for this use has been submitted to the Agency. | ||||
| 40:40:26.0.1.1.15.3.19.5 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.49 Public notice of crisis exemptions. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006] | (a) Periodic notices. At least quarterly, the Administrator shall issue a notice in the Federal Register announcing issuance of crisis exemptions. The notice shall contain all of the following: (1) The name of the applicant; (2) The pesticide authorized for use; (3) The crop or site to be treated; and (4) The name, address, and telephone number of a person in the Agency who can provide further information. (b) Annual reports. Annually, the Agency shall issue a notice in the Federal Register that shall summarize: (1) The number of crisis exemptions declared; and (2) The number of crisis exemptions revoked. | |||
| 40:40:26.0.1.1.15.3.19.6 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.50 Reporting and recordkeeping requirements for crisis exemption. | EPA | [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993] | (a) Adverse effects information. Any adverse effects resulting from the use of a pesticide under a crisis exemption must be immediately reported to the Agency. (b) Final reports. (1) A report summarizing the results of treatment under a crisis exemption will be required to be submitted to the Agency within 3 months following the last date of treatment. If a specific, quarantine, or public health exemption has been approved while the crisis exemption is in effect, however, the crisis exemption report may be incorporated into the specific, quarantine, or public health exemption final report required under § 166.32(b) and submitted at the time it is due. (2) Information to be included in the crisis exemption report includes the same information as required in § 166.32(b) and an explanation as to why there was a need to utilize the crisis provisions. (c) Records. Records will be maintained for a minimum of 2 years following the date of expiration of the exemption. On request by the Agency, these records shall be made available to the Administrator. Records will include all of the following: (1) Location where the pesticide was applied; (2) Dates of application (range); and (3) Total quantity of the pesticide used. | |||
| 40:40:26.0.1.1.15.3.19.7 | 40 | Protection of Environment | I | E | 166 | PART 166—EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS | C | Subpart C—Crisis Exemptions | § 166.53 EPA review of crisis exemption and revocation of authority. | EPA | (a) Review. When a crisis exemption is about to be or has already been declared by a State or Federal agency, EPA will undertake an expedited review of the pesticide to determine if use of the pesticide may result in such unreasonable health or environmental risks that the crisis authority should not be exercised or the crisis exemption should be revoked. (b) Revocation —(1) Individual crisis exemptions. A crisis exemption for the use of a specific pesticide may be revoked if the Administrator determines that: (i) There are insufficient data to determine the risks posed from the use; (ii) Such action is necessary to protect man or the environment; or (iii) The State or Federal agency is not complying with the requirements of this subpart C. (2) State or Federal agency authority. The Administrator may revoke the authority of a State or Federal agency to issue crisis exemptions for any pesticide if he determines that: (i) Such action is necessary to protect man or the environment; or (ii) The State or Federal agency is not complying with the requirements of this subpart C. (c) Reason for revocation. The Agency shall provide the specific reasons for revoking an agency's authority to issue a crisis exemption and for revoking an issued crisis exemption. | ||||
| 46:46:7.0.1.1.1.0.1.1 | 46 | Shipping | I | R | 166 | PART 166—DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS | § 166.01 Approval of nautical school ships. | USCG | [CGFR 52-43, 17 FR 9542, Oct. 18, 1952, as amended by CGD 72-92R, 38 FR 29320, Oct. 24, 1973; CGD 95-028, 62 FR 51216, Sept. 30, 1997; USCG-2006-24371, 74 FR 11266, Mar. 16, 2009] | (a) Under 46 U.S.C. 7315, graduation from a nautical school vessel may be substituted for the service requirements for able seaman and qualified member of the engine department endorsements on merchant mariner credentials or merchant mariner's documents. (b) It has been made to appear to the satisfaction of the Commandant that the school ships operated by the States in which they are located; namely, by the California Maritime Academy, Great Lakes Maritime Academy at Northwestern Michigan College, Maine Maritime Academy, Massachusetts Maritime Academy, New York State Maritime College, and Texas Maritime Academy, and by the United States Merchant Marine Academy, the United States Naval Academy, and the United States Coast Guard Academy, have adopted a course of study for their students complying with the rules prescribed by the Commandant, and a system of instruction adequate to equip the deck and engineering students theoretically and physically in the rudiments of seamanship and navigation necessary to qualify the graduates for the rating of “able seamen” and in all branches of marine engineering necessary to qualify the graduates for the rating of “qualified member of the engine department,” respectively. (c) The school ships operated by the State organizations and the Federal academies named in paragraph (b) of this section are hereby approved and their graduates, if meeting the other qualifications required by law and regulations promulgated thereunder, are entitled to the rating of able seamen or qualified members of the engine department and to be certified as such. (d) A graduate of any of those school ships, if meeting the other qualifications required by law and regulations promulgated thereunder, is also entitled to the rating of lifeboatman and to be certified as such. | |||||
| 46:46:7.0.1.1.1.0.1.2 | 46 | Shipping | I | R | 166 | PART 166—DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS | § 166.05 Course of study for deck students. | USCG | The course of study for deck students shall include (a) all the instructions in the rudiments of seamanship and navigation necessary to equip the student fully with the theoretical knowledge required for the proper discharge of the duties developing upon able seaman; (b) a thorough practical training in the mechanics of all operations incident to the sailing and management of a vessel insofar as such operations form a part of the duties of able seamen. | ||||||
| 46:46:7.0.1.1.1.0.1.3 | 46 | Shipping | I | R | 166 | PART 166—DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS | § 166.10 Course of study for engineering students. | USCG | The course of study for engineering students shall include (a) all the instruction necessary to fully equip the student with the theoretical knowledge required for the proper discharge of the duties developing upon qualified members of the engine department; (b) a thorough practical training in the mechanics of all operations incident to the sailing and management of a vessel insofar as such operations form a part of the duties of qualified members of the engine department. | ||||||
| 46:46:7.0.1.1.1.0.1.4 | 46 | Shipping | I | R | 166 | PART 166—DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS | § 166.15 Training for maintenance of discipline; ship sanitation; fire and lifeboat drills. | USCG | All students shall be trained to obey all lawful orders emanating from their superior officers and schooled in the rules of conduct to be observed in order that proper discipline may be maintained on shipboard. They shall also be instructed in the fundamentals of ship sanitation as prescribed by law and regulations, and shall be given intensive instruction and practical training in all the operations incident to fire and lifeboat drills, both in port and at sea. | ||||||
| 46:46:7.0.1.1.1.0.1.5 | 46 | Shipping | I | R | 166 | PART 166—DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS | § 166.20 Applicants for certificates; when eligible for examination. | USCG | Applicants for certificates as able seamen will be eligible for examination after they have completed a course of study as outlined in §§ 166.05, 166.15, and applicants for certificates as qualified members of the engine department after they have completed a course of study as outlined in §§ 166.10, 166.15. | ||||||
| 9:9:1.0.1.12.71.0.86.1 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.1 Definitions in alphabetical order. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 22290, May 18, 1983; 52 FR 4890, Feb. 18, 1987; 56 FR 26899, June 12, 1991; 66 FR 21064, Apr. 27, 2001; 74 FR 15218, Apr. 3, 2009] | For the purposes of this part, the following terms shall have the meanings assigned them in this section. Unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa. Words undefined in the following paragraphs shall have the meaning attributed to them in general usage as reflected by definitions in a standard dictionary. Act. The Swine Health Protection Act (Pub. L. 96-468) as amended by the Farm Credit Act Amendments of 1980 (Pub. L. 96-592). Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animals. All domesticated and wild mammalian, poultry, and fish species, and wild and domesticated animals, including pets such as dogs and cats. Area Veterinarian in Charge. The veterinarian of APHIS who is assigned by the Administrator to supervise and perform the official work of APHIS in a State or States or any other official to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead. Facility. The site and all objects at this site including equipment and structures where garbage is accumulated, stored, handled, and cooked as a food for swine and which are fenced in or otherwise constructed so that swine are unable to have access to untreated garbage. Garbage. All waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking or consumption of food, except that such term shall not include waste from ordinary household operations which is fed directly to swine on the same premises where such household is located. Inspector.… | |||||
| 9:9:1.0.1.12.71.0.86.10 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.10 Licensing. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 57474, Dec. 30, 1983; 49 FR 14497, Apr. 12, 1984; 52 FR 4890, Feb. 18, 1987; 56 FR 26899, June 12, 1991; 66 FR 21064, Apr. 27, 2001] | (a) Application. Any person operating or desiring to operate a treatment facility for garbage that is to be treated and fed to swine shall apply for a license on a form which will be furnished, upon request, by the Area Veterinarian in Charge or, in States with primary enforcement responsibility, by the State animal health official in the State in which the person operates or intends to operate. When a person operates more than one treatment facility, a separate application to be licensed shall be made for each facility. Exemptions to the requirements of this paragraph may be granted in States other than those with primary enforcement responsibility by the Administrator, if he finds that there would not be a risk to the swine industry in the United States. Any person operating or desiring to operate a facility to treat garbage to be fed to swine who would otherwise be required under this part to obtain a license to treat garbage only because it contains one or more of the items allowed to be fed to swine under § 166.2(a) of this part is exempted from the requirements of this paragraph. (b) Acknowledgement of Act and regulations. A copy of the Act and regulations shall be supplied to the applicant at the time the applicant is given a license application. The applicant shall sign a receipt at the time of the prelicensing inspection acknowledging that the applicant has received a copy of the Act and regulations, that the applicant understands them, and agrees to comply with the Act and regulations. (c) Demonstration of compliance with the regulations. (1) Prior to licensing, each applicant shall demonstrate during an inspection of the premises, facilities, and equipment that the facilities and equipment to be used in the treatment of garbage comply with these regulations. If the applicant's facilities and equipment do not meet the standards established by the regulations, the applicant shall not be licensed and shall be advised of the deficiencies and the measures that must be taken to comply with the regula… | |||||
| 9:9:1.0.1.12.71.0.86.11 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.11 Suspension and revocation of licenses. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987; 56 FR 26899, June 12, 1991] | (a) Suspension or revocation after notice. In addition to the imposition of civil penalties and the issuance of cease and desist orders under the Act, the license of any facility may be suspended or revoked for any violation of the Act or the regulations in this part. Before such action is taken, the licensee of the facility will be informed in writing of the reasons for the proposed action and, upon request, shall be afforded an opportunity for a hearing with respect to the merits or validity of such action, in accordance with rules of practice which shall be adopted for the proceeding. (b) Summary suspension. If the Administrator has reason to believe that any licensee has not complied or is not complying with any provisions of the Act or regulations in this part and the Administrator deems such action necessary in order to protect the public health, interest, or safety, the Administrator may summarily suspend the license of such persons pending a final determination in formal proceedings and any judicial review thereof, effective upon verbal or written notice of such suspension and the reasons therefor. In the event of verbal notification, written confirmation shall follow as soon as circumstances permit. This summary suspension shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Administrator. (c) The license of a person shall be automatically revoked, without action of the Administrator, upon the final effective date of the second criminal conviction of such person, as is stated in section 5(c) of the Act. The licensee will be notified in writing of such revocation by the Area Veterinarian in Charge or, in States having primary enforcement responsibility, by the State animal health official. (d) Any person whose license has been suspended or revoked for any reason shall not be licensed in such person's own name or in any other manner, nor shall any of such person's employees be licensed for the purpose of operating the faci… | |||||
| 9:9:1.0.1.12.71.0.86.12 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.12 Cancellation of licenses. | APHIS | [52 FR 4891, Feb. 18, 1987, as amended at 56 FR 26899, June 12, 1991; 59 FR 67618, Dec. 30, 1994; 84 FR 64415, Nov. 22, 2019] | (a) The Area Veterinarian in Charge or, in States referenced in § 166.15(a), the State animal health official shall cancel the license of a licensee when the Area Veterinarian in Charge or, in States referenced in § 166.15(a), the State animal health official finds that no garbage has been treated for a period of 4 consecutive months at the facility operated by the licensee. Before such action is taken, the licensee of the facility will be informed in writing of the reasons for the proposed action and be given an opportunity to respond in writing. In those instances where there is a conflict as to the facts, the licensee shall, upon request, be afforded a hearing in accordance with rules of practice which shall be adopted for the proceeding. (b) Any licensee may voluntarily have his or her license canceled by requesting such cancellation in writing and sending such request to the Area Veterinarian in Charge, 1 or, in States referenced in § 166.15(a), to the State animal health official. The Area Veterinarian in Charge or, in States referenced in § 166.15(a), the State animal health official shall cancel such license and shall notify the licensee of the cancellation in writing. 1 To find the name and address of the Area Veterinarian in Charge, go to https://www.aphis.usda.gov/animal_health/contacts/field-operations-districts.pdf. (c) Any person whose license is canceled in accordance with paragraph (a) or (b) of this section may apply for a new license at any time by following the procedure for obtaining a license set forth in § 166.10. | |||||
| 9:9:1.0.1.12.71.0.86.13 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.13 Licensee responsibilities. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 57474, Dec. 30, 1983; 52 FR 4890, Feb. 18, 1987. Redesignated at 52 FR 4891, Feb. 18, 1987] | (a) A licensed facility shall be subject to inspections. Each inspector will be furnished with an official badge or identification card, either of which shall be sufficient identification to entitle access during normal business hours to the facility for the purposes of inspection. At such time the inspector is duly authorized to: (1) Inspect the facility, including cooker function; (2) Take samples of garbage; (3) Observe and physically inspect the health status of all species of animals on the premises; (4) Review records and make copies of such records; and (5) Take photographs. A copy of each photograph will be provided to the licensee within 14 days. (b) A licensee shall notify an inspector immediately upon detection of illness or death not normally associated with the licensee's operation in any animal species on the licensee's premises. (c) A licensee shall notify an inspector or the State animal health official or the Area Veterinarian in Charge, as appropriate, of any change in the name, address, management or substantial control or ownership of his business or operation within 30 days after making such change. (d) A licensee shall supply, upon request by an inspector, information concerning sources of garbage. Such information shall include the dates of supply and the names and addresses of the person and/or organization from which the garbage was received. | |||||
| 9:9:1.0.1.12.71.0.86.14 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.14 Cleaning and disinfecting. | APHIS | [47 FR 49945, Nov. 3, 1982. Redesignated and amended at 52 FR 4891, Feb. 18, 1987; 56 FR 26899, June 12, 1991; 68 FR 6346, Feb. 7, 2003] | (a) Disinfectants to be used. Disinfection required under the regulations in this Part shall be performed with one of the following: (1) A permitted brand of sodium orthophenylphenate that is used in accordance with directions on the Environmental Protection Agency (EPA) approved label. (2) A permitted cresylic disinfectant that is used in accordance with directions on the EPA-approved label, provided such disinfectant also meets the requirements set forth in §§ 71.10(b) and 71.11 of this chapter. (3) Distinfectants which are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq. ), with tuberculocidal claims and labeled as efficacious against any species within the viral genus Herpes, that are used for purposes of this Part in accordance with directions on the EPA-approved label. (b) All premises at which garbage has been fed to swine in violation of the Act or regulations in this part shall, prior to continued use for swine feeding purposes, be cleaned and disinfected under the supervision of an inspector or an accredited veterinarian as defined in Part 160 of this chapter as follows: Empty all troughs and other feeding and watering appliances, remove all litter, garbage, manure, and other organic material from the floors, posts, or other parts of such equipment, and handle such litter, garbage, manure, and other organic material in such manner as not to allow animal contact with such material; clean all surfaces with water and detergent and saturate the entire surface of the equipment, fencing, troughs, chutes, floors, walls, and all other parts of the facilities, with a disinfectant prescribed in paragraph (a) of this section. An exemption to the requirements of this paragraph may be given by the Administrator or, in States with primary enforcement responsibility, by the State animal health official, when it is determined that a threat to the swine industry does not exist. (c) Any vehicle or other means of conveyance and its associated equipment which has been… | |||||
| 9:9:1.0.1.12.71.0.86.15 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.15 State status. | APHIS | 84 FR 64415, Nov. 22, 2019] | (a) The Animal and Plant Health Inspection Service (APHIS) will maintain on its website 2 the following lists of States: (1) States that prohibit the feeding of garbage to swine; (2) States that allow the feeding of treated garbage to swine; (3) States that have primary enforcement responsibility under the Act; and (4) States that issue licenses under cooperative agreements with APHIS, but do not have primary responsibility under the Act. (b) For information concerning the feeding of garbage to swine, the public may contact the APHIS Area Veterinarian in Charge, the State animal health official, or Veterinary Services, 4700 River Road, Unit 37, Riverdale, MD 20737-1231. 2 2 https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/swine-disease-information. | |||||
| 9:9:1.0.1.12.71.0.86.2 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.2 General restrictions. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 49 FR 14497, Apr. 12, 1984; 52 FR 4890, Feb. 18, 1987; 66 FR 21064, Apr. 27, 2001; 74 FR 15218, Apr. 3, 2009] | (a) No person shall feed or permit the feeding of garbage to swine unless the garbage is treated to kill disease organisms, pursuant to this part, at a facility operated by a person holding a valid license for the treatment of garbage; except that the treatment and license requirements shall not apply to the feeding or the permitting of the feeding to swine of garbage only because the garbage consists of any of the following: Processed products; rendered products; bakery waste; candy waste; eggs; domestic dairy products (including milk); fish from the Atlantic Ocean within 200 miles of the continental United States or Canada; or fish from inland waters of the United States or Canada which do not flow into the Pacific Ocean. (b) No person operating such a facility may be licensed to treat garbage unless he or she meets the requirements of this part designed to prevent the introduction or dissemination of any infectious or communicable disease of animals and unless the facility is so constructed that swine are unable to have access to untreated garbage or equipment and material coming in contact with untreated garbage. (c) The regulations of this part shall not be construed to repeal or supersede State laws that prohibit feeding of garbage to swine or to prohibit any State from enforcing requirements relating to the treatment of garbage that is to be fed to swine or the feeding thereof which are more stringent than the requirements contained in this part. In a State which prohibits the feeding of garbage to swine, a license under the Act will not be issued to any applicant. | |||||
| 9:9:1.0.1.12.71.0.86.3 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.3 Separation of swine from the garbage handling and treatment areas. | APHIS | (a) Access by swine to garbage handling and treatment areas shall be prevented by construction of facilities to exclude all ages and sizes of swine. (b) All areas and drainage therefrom, used for the handling and treatment of untreated garbage shall be inaccessible to swine on the premises. This shall include the roads and areas used to transport and handle untreated garbage on the premises. | ||||||
| 9:9:1.0.1.12.71.0.86.4 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.4 Storage of garbage. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] | (a) Untreated garbage at a treatment facility shall be stored in covered and leakproof containers until treated. (b) Treated garbage shall be transported to a feeding area from the treatment facility only in (1) containers used only for such treated garbage; (2) containers previously used for garbage which have been cleaned and disinfected in accordance with § 166.14 of this part; or (3) containers in which the garbage was treated. | |||||
| 9:9:1.0.1.12.71.0.86.5 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.5 Licensed garbage-treatment facility standards. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] | Garbage-treatment facilities shall be maintained as set forth in this section. (a) Insects and animals shall be controlled. Accumulation of any material at the facility where insects and rodents may breed is prohibited. (b) Equipment used for handling untreated garbage, except for the containers in which the garbage has been treated, may not be subsequently used in the feeding of swine unless first cleaned and disinfected as set forth in § 166.14(b). (c) Untreated garbage that is not to be fed to swine and materials in association with such garbage shall be disposed of in a manner consistent with all applicable governmental environmental regulations and in an area inaccessible to swine. | |||||
| 9:9:1.0.1.12.71.0.86.6 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.6 Swine feeding area standards. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] | Untreated garbage shall not be allowed into swine feeding areas. Any equipment or material associated with untreated garbage, except for containers holding treated garbage which was treated in such containers, shall not be allowed into swine feeding areas at treatment premises until properly cleaned and disinfected as set forth in § 166.14(b) of this part. | |||||
| 9:9:1.0.1.12.71.0.86.7 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.7 Cooking standards. | APHIS | (a) Garbage shall be heated throughout at boiling (212 °F. or 100 °C. at sea level) for 30 (thirty) minutes. (b) Garbage shall be agitated during cooking, except in steam cooking equipment, to ensure that the prescribed cooking temperature is maintained throughout the cooking container for the prescribed length of time. | ||||||
| 9:9:1.0.1.12.71.0.86.8 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.8 Vehicles used to transport garbage. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] | Vehicles used by a licensee to transport untreated garbage, except those that have also been used to treat the garbage so moved, shall not be used for hauling animals or treated garbage until cleaned and disinfected as set forth in § 166.14(c) of this part. | |||||
| 9:9:1.0.1.12.71.0.86.9 | 9 | Animals and Animal Products | I | L | 166 | PART 166—SWINE HEALTH PROTECTION | § 166.9 Recordkeeping. | APHIS | [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 57474, Dec. 30, 1983; 52 FR 4890, Feb. 18, 1987] | (a) Each licensee shall record the destination and date of removal of all treated or untreated garbage removed from the licensee's premises. (b) Such records shall be legible and indelible. (c) Each entry in a record shall be certified as correct by initials or signature of the licensee or an authorized agent or employee of the licensee. (d) Such records shall be maintained by the licensee for a period of 1 year from the date made and shall be made available to inspectors upon request during normal business hours at that treatment facility. |
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