cfr_sections
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14 rows where part_number = 54 and title_number = 9 sorted by section_id
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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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| 9:9:1.0.1.2.12.0.43.1 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | § 54.1 Definitions. | APHIS | [66 FR 43982, Aug. 21, 2001, as amended at 84 FR 11179, Mar. 25, 2019] | Accredited veterinarian. A veterinarian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chapter. Administrator. The Administrator of the Animal and Plant Health Inspection Service or any employee of the United States Department of Agriculture authorized to act for the Administrator. Animal. A sheep or goat. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. APHIS representative. An individual employed by APHIS in animal health activities who is authorized by the Administrator to perform the function involved. Approved laboratory. A laboratory approved by the Administrator in accordance with § 54.11 to conduct one or more scrapie tests, or genotype tests, on one or more tissues. Area veterinarian in charge. The veterinary official of APHIS who is assigned by the Administrator to supervise and perform the official animal health work of APHIS in the State concerned. Breed association and registries. Organizations that maintain the permanent records of ancestry or pedigrees of animals (including the animal's sire and dam), individual identification of animals, and ownership of animals. Classification or reclassification investigation. An epidemiological investigation conducted or directed by a DSE for the purpose of designating or redesignating the status ( e.g., scrapie-positive, exposed, high-risk, suspect, infected, noncompliant, source, etc.) of a flock or animal. In conducting such an investigation, the DSE will evaluate the available records for flocks and individual animals and conduct or direct any testing needed to assess the status of a flock or animal. The status of an animal or flock will be determined based on the applicable definitions in this section and, when needed to make a designation under § 79.4 of this chapter, official genotype test results, exposure risk, scrapie type involved, results of of… | |||||
| 9:9:1.0.1.2.12.0.43.2 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | § 54.2 Cooperative agreements and memoranda of understanding with States. | APHIS | [66 FR 43982, Aug. 21, 2001, as amended at 84 FR 11182, Mar. 25, 2019] | APHIS will execute cooperative agreements and/or memoranda of understanding with the animal health agency of any State in order to cooperatively administer the Scrapie Eradication Program and the Scrapie Free Flock Certification Program within that State. These agreements will describe the respective roles of APHIS and State personnel in implementing the Scrapie Eradication Program and the Scrapie Free Flock Certification Program. Each agreement may specify the financial, material, and personnel resources to be committed to these programs and other scrapie control measures by APHIS and the State; assign specific activities related to the control of scrapie within a State to APHIS or State personnel; establish schedules for APHIS representatives or State representatives to visit flocks; establish procedures for maintaining and sharing program records specified in this part, and specify other responsibilities of State representatives and APHIS representatives in support of the Scrapie Eradication Program and the Scrapie Free Flock Certification Program. | |||||
| 9:9:1.0.1.2.12.1.43.1 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.3 Animals eligible for indemnity payments. | APHIS | [66 FR 43982, Aug. 21, 2001, as amended at 84 FR 11182, Mar. 25, 2019] | (a) Indemnity may be paid for an animal only after the owner of the animal has applied for indemnification and been approved in accordance with § 54.4. Indemnity may be paid only for the following: (1) Destruction of high-risk animals; (2) Destruction of animals based on an epidemiologic investigation, when the Administrator determines that the destruction of these animals will contribute to the eradication of scrapie; (3) Destruction of live scrapie-positive animals; (4) Destruction of animals that test positive on a live-animal screening test; and (5) Destruction of suspect animals that are destroyed at the request of an APHIS representative. (b) Indemnity will be paid to an owner only for animals actually in a flock at the time indemnity is first offered in writing, and for offspring born to animals in that flock within 60 days after the time indemnity is first offered in writing. Animals removed from the flock as part of an investigation or a post-exposure management and monitoring plan (PEMMP) will be paid indemnity based on the calculated prices at the time an APHIS representative designates, in writing, the animals for removal. If an owner declines to remove an animal within 60 days of when indemnity is first offered the owner will receive the lower value of when indemnity was first offered in writing or when the animal was actually removed. APHIS may withdraw an indemnity offer if an owner does not make animals available for inventory, gestational assessment, and testing within 30 days, does not remove an animal within 60 days of the written indemnity offer or by the date specified in a flock plan or PEMMP, or fails to provide APHIS animal registration certificates, sale and movement records, or other records requested in accordance with § 54.5. No indemnity will be paid for any animal, or the progeny of any animal, that has been moved or handled by the owner in violation of the requirements of the Animal Health Protection Act or the regulations promulgated thereunder. No indemnity will be paid for … | |||
| 9:9:1.0.1.2.12.1.43.2 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.4 Application by owners for indemnity payments. | APHIS | [66 FR 43982, Aug. 21, 2001, as amended at 84 FR 11182, Mar. 25, 2019] | (a) Normally, an application for indemnification will be initiated by a State or APHIS representative who is working with the owner of a flock that has already been determined to be an infected flock or source flock, or that is already under a State movement restriction. In such cases, the flock owner will confirm information about the flock's eligibility for indemnity that is contained in the application submitted by the State or APHIS representative. However, the owner of any flock may apply directly to receive indemnification by submitting to the Administrator a written request containing the following information: (1) Name, address, and social security number of the flock owner; (2) Number and breed(s) of animals in the flock, including a current inventory; (3) Location of flock premises; (4) Reasons the owner believes animals in his or her flock may be eligible for indemnification, including any diagnosis of scrapie made for animals in the flock; any signs of scrapie observed in the flock by the owner; and any movement of animals into the flock from flocks infected with or exposed to scrapie; (5) A copy of the registration papers issued in the name of the owner for any registered animals in the flock (registration papers are not required for the payment of indemnity for animals that are not registered); and (6) Signed release letters addressed to any sheep or goat registry associations that maintain records of the owner's sheep or goats requesting the associations to release to APHIS all records maintained by the association on sheep or goats currently or formerly owned by the applicant. (b) APHIS will evaluate each application to determine whether the owner's flock contains animals eligible for indemnity in accordance with § 54.3. | |||
| 9:9:1.0.1.2.12.1.43.3 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.5 Certification by owners. | APHIS | [66 FR 43982, Aug. 21, 2001, as amended at 84 FR 11183, Mar. 25, 2019] | Before any indemnity is paid to an owner, the owner must sign a written agreement with APHIS, certifying the following: (a) The owner will make available for review upon request by a State or APHIS representative all bills of sale, pedigree registration certificates, and other records regarding movement of animals into and from the flock; (b) If the owner maintains any flock after the payment of indemnity or acquires a new flock that is housed on the same premises within 5 years after the last high-risk or scrapie-positive animal is removed, the owner will maintain the flock in accordance with a post-exposure management and monitoring plan for 5 years; (c) If the animal for which indemnity is paid is subject to any mortgage, the owner consents to the payment of the indemnity, up to the value of the mortgage, to the person(s) holding the mortgage; (d) That the animal may be removed to a U.S. Department of Agriculture facility or a quarantined research facility, or euthanized and necropsied and tissues removed for diagnostic or other purposes. | |||
| 9:9:1.0.1.2.12.1.43.4 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.6 Amount of indemnity payments. | APHIS | [84 FR 11183, Mar. 25, 2019] | (a) Indemnity. Indemnity paid for sheep and goats in accordance with § 54.3 will be the fair market value of the animals. APHIS' determination of fair market value will be based on available price report data that most accurately reflect the type of animal being indemnified and the time at which the animal was indemnified. Premiums will be paid for certain types of sheep and goats, including, but not limited to: Registered animals, flock sires, pregnant animals and early-maturing ewes; Except that, no premium will be added for animals of any age that were in slaughter channels when indemnity was offered. To calculate indemnity, APHIS will use price information provided by the Agricultural Marketing Service (AMS) or other available price information and any other data necessary to establish the value of different types of sheep and goats. A detailed description of the methods APHIS uses to calculate indemnity for sheep and goats is available at http://www.aphis.usda.gov/animal-health/scrapie. (b) Age and number of animals. If records and identification are inadequate to determine the actual age of animals, an APHIS or State representative will count all sexually intact animals that are apparently under 1 year of age, and those that are apparently at least 1 and under 2 years of age, based on examination of their teeth, and the indemnity for these animals will be calculated. The total number of these animals will be subtracted from the total number of sexually intact animals in the group to be indemnified, and indemnity for the remainder will be calculated based on the assumption that the remainder of the flock is 80 percent aged 2 to 6 years and 20 percent aged 6 to 8 years. (c) Animal weights. If the owner disagrees with the average weight estimate, he may have the animals weighed at a public scale at his own expense, provided that the animals may not come in contact with other sheep or goats during movement to the public scales, and will be paid based on the actual weight multiplied by the price per pou… | |||
| 9:9:1.0.1.2.12.1.43.5 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.7 Procedures for destruction of animals. | APHIS | [66 FR 43982, Aug. 21, 2001, as amended at 84 FR 11183, Mar. 25, 2019] | (a) Animals for which indemnification is sought must be destroyed on the premises where they are held, pastured, or penned at the time indemnity is approved or moved to an approved research facility, unless the APHIS representative involved approves in advance of destruction moving the animals to another location for destruction. (b) The carcasses of animals destroyed in accordance with this section are authorized by the Administrator to be buried, incinerated, or disposed of by other methods in accordance with local, State, and Federal laws. The carcasses of scrapie-positive and suspect animals may not be processed for human or animal food. (c) The destruction of animals and disposition of their carcasses in accordance with this part must be monitored by an APHIS representative who will prepare and transmit to the Administrator a report identifying the animals and showing their disposition. (d) APHIS may pay the reasonable costs of disposal for animals that are indemnified. To obtain reimbursement for disposal costs, animal owners must obtain written approval of the disposal costs from APHIS, prior to disposal. For reimbursement to be made, the owner of the animals must present the Veterinary Services, Field Operations, Area Veterinarian in Charge (AVIC) responsible for the State involved with a copy of either a receipt for expenses paid or a bill for services rendered. Any bill for services rendered by the owner must not be greater than the normal fee for similar services provided by a commercial hauler or disposal facility. (e) Cleaning and disinfection of premises and equipment. When required, cleaning and disinfection shall be conducted under the supervision of a State or APHIS representative as follows. Additional guidance on acceptable means of cleaning and disinfection is also available in the Scrapie Program Standards Volume 1: National Scrapie Eradication Program and Scrapie Program Standards Volume 2: Scrapie Free Flock Certification Program (SFCP): (1) Drylot areas. When required, remove the … | |||
| 9:9:1.0.1.2.12.1.43.6 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.8 Requirements for flocks under investigation and flocks subject to flock plans and post-exposure management and monitoring plans. | APHIS | [84 FR 11183, Mar. 25, 2019] | (a) For animals in a flock under investigation, flock plan, or post-exposure management and monitoring plan (PEMMP), the official identification must provide a unique identification number that is applied by the owner of the flock or his or her agent and must be linked to that flock in the National Scrapie Database. APHIS may specify the type of official identification that may be used in order to maximize retention of the means of identification, identify restricted or test positive animals or to facilitate the testing or inventory of the animals. The owner of the flock or his or her agent must officially identify and maintain the identity of: (1) All animals in the flock while it is subject to a flock plan or PEMMP; (2) Any high-risk or genetically susceptible exposed animals in the flock and any other restricted animals; (3) Any animals designated for testing by an APHIS representative or State representative until testing is completed, results reported, and animals classified; and (4) All sexually intact animals, all exposed animals, and animals 18 months of age and older (as evidenced by the eruption of the second incisor) prior to a change in ownership and before they are moved off the premises of the flock. (b) For flocks under a flock plan or PEMMP, the flock owner must maintain the following records for 5 years or until the flock plan and/or PEMMP is completed, whichever is longer. (1) For acquired animals, the date of acquisition, name and address of the person from whom the animal was acquired, any identifying marks, or identification devices present on the animal including but not limited to the animal's individual official identification number(s) from its electronic implant, flank tattoo, ear tattoo, tamper-resistant eartag, or, in the case of goats, tail fold tattoo, and any secondary form of identification the owner of the flock may choose to maintain and the records required by § 79.2 of this chapter. (2) For animals leaving the premises of the flock, the disposition of the animal, includi… | |||
| 9:9:1.0.1.2.12.1.43.7 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.9 Waiver of requirements for scrapie control pilot projects. | APHIS | The Administrator may waive the following requirements of this part for participants in a scrapie control pilot project by recording the requirements waived in the scrapie control pilot project plan: (a) The determination that an animal is a high-risk animal, if the scrapie control pilot project plan contains testing or other procedures that indicate that an animal, despite meeting the definition of high-risk animal, is unlikely to spread scrapie; and (b) The requirement that high-risk animals must be removed from a flock if the scrapie control pilot project plan contains alternative procedures to prevent the further spread of scrapie without removing high-risk animals from the flock. | ||||
| 9:9:1.0.1.2.12.1.43.8 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.10 Program approval of tests for scrapie. | APHIS | [84 FR 11185, Mar. 25, 2019] | (a) The Administrator may approve new tests or test methods for the diagnosis of scrapie conducted on live or dead animals for use in the Scrapie Eradication Program and/or the Scrapie Free Flock Certification Program. The Administrator will base the approval or disapproval of a test on the evaluation by APHIS and, when appropriate, outside scientists, of: (1) A standardized test protocol that must include a description of the test, a description of the reagents, materials, and equipment used for the test, the test methodology, and any control or quality assurance procedures; (2) Data to support repeatability, that is, the ability to reproduce the same result repeatedly on a given sample; (3) Data to support reproducibility, that is, data to show that similar results can be produced when the test is run at other laboratories; (4) Data to support the diagnostic and in the case of assays the analytical sensitivity and specificity of the test; and (5) Any other data or information requested by the Administrator to determine the suitability of the test for program use. This may include but is not limited to past performance, cost of test materials and equipment, ease of test performance, generation of waste, and potential use of existing equipment. (b) To be approved for program use, a scrapie test must be able to be readily and successfully performed at the National Veterinary Services Laboratories. (c) The test must have a reliable, timely, and cost effective method of proficiency testing. (d) The Administrator may decline to evaluate any test kit for program approval that has not been licensed for the intended use and may decline to evaluate any test or test method for program use unless the requester can demonstrate that the new method offers a significant advantage over currently approved methods. (e) A test or combination of tests may be approved for the identification of suspect animals, or scrapie-positive animals, or for other purposes such as flock certification. For a test to be approved for the i… | |||
| 9:9:1.0.1.2.12.1.43.9 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | A | Subpart A—Scrapie Indemnification Program | § 54.11 Approval of laboratories to run official scrapie tests and official genotype tests. | APHIS | [84 FR 11185, Mar. 25, 2019] | (a) State, Federal, and university laboratories, or in the case of genotype tests, private laboratories will be approved by the Administrator when he or she determines that the laboratory: (1) Employs personnel assigned to supervise and conduct the testing who are qualified to conduct the test based on education, training, and experience and who have been trained by the National Veterinary Services Laboratories (NVSL) or who have completed equivalent training approved by NVSL; (2) Has adequate facilities and equipment to conduct the test; (3) Follows standard test protocols that are approved or provided by NVSL; (4) Meets check test proficiency requirements and consistently produces accurate test results as determined by NVSL review; (5) Meets recordkeeping requirements; (6) Will retain records, slides, blocks, and other specimens from all cases for at least 1 year and from positive cases and DNA from all genotype tests for at least 5 years and will forward copies of records and any of these materials to NVSL within 5 business days of request; Except that, NVSL may authorize a shorter retention time in a standard operating procedure or contract; (7) Will allow APHIS to inspect the laboratory without notice during normal business hours. An inspection may include, but is not limited to, review and copying of records, examination of slides, review of quality control procedures, observation of sample handling/tracking procedures, observation of the test being conducted, and interviewing of personnel; (8) Will report all test results to State and Federal animal health officials and record them in the National Scrapie Database within timeframes and in the manner and format specified by the Administrator; and (9) Complies with any other written guidance provided to the laboratory by the Administrator. (b) A laboratory may request approval to conduct one or more types of program-approved scrapie test or genotype test on one or more types of tissue. To be approved, a laboratory must meet the requirements in para… | |||
| 9:9:1.0.1.2.12.2.43.1 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | B | Subpart B—Scrapie Free Flock Certification Program | § 54.20 Administration. | APHIS | The Scrapie Flock Certification Program is a cooperative effort between APHIS; members of the sheep and goat industry, including owners of flocks, slaughtering and rendering establishments, and breed associations and registries; accredited veterinarians; and State governments. APHIS coordinates with State scrapie certification boards and State animal health agencies to encourage flock owners to certify their flocks as free of scrapie by being in continuous compliance with the Scrapie Flock Certification Program standards. | ||||
| 9:9:1.0.1.2.12.2.43.2 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | B | Subpart B—Scrapie Free Flock Certification Program | § 54.21 Participation. | APHIS | [84 FR 11185, Mar. 25, 2019] | Any owner of a sheep or goat flock may apply to enter the Scrapie Free Flock Certification Program by sending a written request to a State scrapie certification board or to the Veterinary Services, Field Operations, AVIC responsible for the State involved. A notice containing a current list of flocks participating in the Scrapie Free Flock Certification Program, and the certification status of each flock, may be obtained from the APHIS website at http://www.aphis.usda.gov/animal-health/scrapie. A list of noncompliant flocks and a list of flocks that sold exposed animals that could not be traced may also be obtained from this site, and these lists may be obtained by writing to the National Scrapie Program Coordinator, Strategy and Policy, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1235. | |||
| 9:9:1.0.1.2.12.2.43.3 | 9 | Animals and Animal Products | I | B | 54 | PART 54—CONTROL OF SCRAPIE | B | Subpart B—Scrapie Free Flock Certification Program | § 54.22 State scrapie certification boards. | APHIS | An area veterinarian in charge, after consulting with a State representative and industry representatives, may appoint a State scrapie certification board for the purpose of coordinating activities for the Scrapie Flock Certification Program, including making decisions to admit flocks to the Scrapie Flock Certification Program and to change flock status in accordance with the Scrapie Flock Certification Program standards. These boards are not appointed for the purpose of providing APHIS with consensus advice or policy recommendations. No more than one State scrapie certification board may be formed in each State. Each State scrapie certification board shall include as members the area veterinarian in charge, one or more State representatives, one or more accredited veterinarians, when possible, and one or more owners of flocks, and, at the discretion of the area veterinarian in charge, may include other members. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);