cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
120 rows where part_number = 94 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name
part_number 1
- 94 · 120 ✖
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:2.0.1.1.40.1.20.1 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.11 Purpose; construction and severability. | DOJ | [71 FR 52451, Sept. 6, 2006, as amended at 88 FR 3656, Jan. 20, 2023] | (a) The purpose of this subpart is to implement the provisions of VOCA, Title II, Sec. 1404C (34 U.S.C. 20106), which authorize the Director (Director), Office for Victims of Crime (OVC), a component of the Office of Justice Programs (OJP), to establish a program to reimburse eligible victims of acts of international terrorism that occur outside the United States, for expenses associated with that victimization. (b) Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this part and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. | ||||
| 28:28:2.0.1.1.40.1.20.2 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.12 Definitions. | DOJ | [71 FR 52451, Sept. 6, 2006, as amended at 88 FR 3656, Jan. 20, 2023] | The following definitions shall apply to this subpart: (a) Child means any biological or legally-adopted child, or any stepchild, of a deceased victim, who, at the time of the victim's death, is— (1) Younger than 18 years of age; or (2) Over 18 years of age and a student, as defined in 5 U.S.C. 8101. (b) Claimant means a victim, or his representative, who is authorized to sign and submit an application, and receive payment for reimbursement, if appropriate. (c) Collateral sources means sources that provide reimbursement for specific expenses compensated under this subpart, including property, health, disability, or other insurance for specific expenses; Medicare or Medicaid; workers' compensation programs; military or veterans' benefits of a compensatory nature; vocational rehabilitation benefits; restitution; and other state, Federal, foreign, and international compensation programs: except that any reimbursement received under this subpart shall be reduced by the amount of any lump sum payment whatsoever, received from, or in respect of the United States or a foreign government, unless the claimant can show that such payment was for a category of expenses not covered under this subpart. To the extent that a claimant has an unsatisfied judgment against a foreign government based on the same act of terrorism, the value of that unsatisfied judgment shall be counted as a lump sum payment for expenses covered under this subpart, unless the claimant agrees to waive his right to sue the United States government for satisfaction of that judgment. (d) Deceased means individuals who are dead, or are missing and presumed dead. (e) Dependent has the meaning given in 26 U.S.C. 152. If the victim was not required by law to file a U.S. Federal income tax return for the year prior to the act of international terrorism, an individual shall be deemed to be a victim's dependent if he was reliant on the income of the victim for over half of his support in that year. (f) Employee of the United States Government … | ||||
| 28:28:2.0.1.1.40.1.20.3 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.13 Terms. | DOJ | The first three provisions of 1 U.S.C. 1 (rules of construction) shall apply to this subpart. | |||||
| 28:28:2.0.1.1.40.1.21.4 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.21 Eligibility. | DOJ | [71 FR 52451, Sept. 6, 2006, as amended at 88 FR 3656, Jan. 20, 2023] | (a) Except as provided in paragraphs (b) and (c) of this section, reimbursement of qualified expenses under this subpart is available to a victim of international terrorism or his representative, pursuant to 34 U.S.C. 20106(a)(3)(A). For purposes of eligibility for this program only, the Attorney General shall determine whether there is a reasonable indication that an act was one of international terrorism, within the meaning of that section. (b) Reimbursement shall be denied to any claimant if the Director, in consultation with appropriate Department of Justice (DOJ) officials, determines that there is a reasonable indication that either the victim with respect to whom the claim is made, or the claimant, was criminally culpable for the act of international terrorism. (c) Reimbursement may be reduced or denied to a claimant if the Director, in consultation with appropriate DOJ officials, determines that the victim with respect to whom the claim is made contributed materially to his own death or injury by— (1) Engaging in conduct that violates U.S. law or the law of the jurisdiction in which the act of international terrorism occurred; (2) Acting as a mercenary or “soldier of fortune”; (3) (As a non-U.S. Government employee), acting as an advisor, consultant, employee, or contractor, in a military or political capacity— (i) For a rebel or paramilitary organization; (ii) For a government not recognized by the United States; or (iii) In a country in which an official travel warning issued by the U.S. Department of State related to armed conflict was in effect at the time of the act of international terrorism; or (4) Engaging in grossly reckless conduct. | ||||
| 28:28:2.0.1.1.40.1.21.5 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.22 Categories of expenses. | DOJ | The following categories of expenses, generally, may be reimbursed, with some limitations, as noted in § 94.23: medical care; mental health care; property loss; funeral and burial; and miscellaneous expenses (including temporary lodging, emergency travel, and transportation). Under this subpart, the Director shall not reimburse for attorneys' fees, lost wages, or non-economic losses (such as pain and suffering, loss of enjoyment of life, loss of consortium, etc.). | |||||
| 28:28:2.0.1.1.40.1.21.6 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.23 Amount of reimbursement. | DOJ | Different categories of expenses are capped, as set forth in the chart below. Those caps may be adjusted, from time to time, by rulemaking. The cap in effect within a particular expense category, at the time that the application is received, shall apply to the award. | |||||
| 28:28:2.0.1.1.40.1.21.7 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.24 Determination of award. | DOJ | After review of each application, the Director shall determine the eligibility of the victim or representative and the amount, if any, eligible for reimbursement, specifying the reasons for such determination and the findings of fact and conclusions of law supporting it. A copy of the determination shall be mailed to the claimant at his last known address. | |||||
| 28:28:2.0.1.1.40.1.21.8 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.25 Collateral sources. | DOJ | (a) The amount of expenses reimbursed to a claimant under this subpart shall be reduced by any amount that the claimant receives from a collateral source in connection with the same act of international terrorism. In cases in which a claimant receives reimbursement under this subpart for expenses that also will or may be reimbursed from another source, the claimant shall subrogate the United States to the claim for payment from the collateral source up to the amount for which the claimant was reimbursed under this subpart. (b) Notwithstanding paragraph (a) of this section, when a collateral source provides supplemental reimbursement for a specific expense, beyond the maximum amount reimbursed for that expense under this subpart, the claimant's award under this subpart shall not be reduced by the amount paid by the collateral source, nor shall the claimant be required to subrogate the United States to the claim for payment from the collateral source, except that in no event shall the combined reimbursement under this subpart and any collateral source exceed the actual expense. | |||||
| 28:28:2.0.1.1.40.1.22.10 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.32 Application deadline. | DOJ | [76 FR 19910, Apr. 11, 2011] | For claims related to acts of international terrorism that occurred after October 6, 2006, the deadline to file an application is three years from the date of the act of international terrorism. For claims related to acts of international terrorism that occurred between December 21, 1988, and October 6, 2006, the deadline to file an application is October 6, 2009. At the discretion of the Director, the deadline for filing a claim may be tolled or extended upon a showing of good cause. | ||||
| 28:28:2.0.1.1.40.1.22.11 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.33 Investigation and analysis of claims. | DOJ | The Director may seek an expert examination of claims submitted if he believes there is a reasonable basis for requesting additional evaluation. The claimant, in submitting an application for reimbursement, authorizes the Director to release information regarding claims or expenses listed in the application to an appropriate body for review. If the Director initiates an expert review, no identifying information for the victim or representative shall be released. | |||||
| 28:28:2.0.1.1.40.1.22.9 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.31 Application procedures. | DOJ | (a) To receive reimbursement, a claimant must submit a completed application under this program requesting payment based on an itemized list of expenses, and must submit original receipts. (b) Notwithstanding paragraph (a) of this Section, in cases involving incidents of terrorism preceding the establishment of this program where claimants may not have original receipts, and in cases in which the claimant certifies that the receipts have been destroyed or lost, the Director may, in his discretion, accept an itemized list of expenses. In each such case, the claimant must certify that original receipts are unavailable and attest that the items and amounts submitted in the list are true and correct to the best of his knowledge. In the event that it is later determined that a fraudulent certification was made, the United States may take action to recover any payment made under this section, and pursue criminal prosecution, as appropriate. | |||||
| 28:28:2.0.1.1.40.1.23.12 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.41 Interim emergency payment. | DOJ | Claimants may apply for an interim emergency payment, prior to a determination under § 94.21(a). If the Director determines that such payment is necessary to avoid or mitigate substantial hardship that may result from delaying reimbursement until complete and final consideration of an application, such payment may be made to cover immediate expenses such as those of medical care, funeral and burial, short-term lodging, and emergency transportation. The amount of an interim emergency payment shall be determined on a case-by-case basis, and shall be deducted from the final award amount. | |||||
| 28:28:2.0.1.1.40.1.23.13 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.42 Repayment and waiver of repayment. | DOJ | A victim or representative shall reimburse the program upon a determination by the Director that an interim emergency award or final award was: Made to an ineligible victim or claimant; based on fraudulent information; or an overpayment. Except in the case of ineligibility pursuant to a determination by the Director, in consultation with appropriate DOJ officials, under § 94.21(b), the Director may waive such repayment requirement in whole or in part, for good cause, upon request. | |||||
| 28:28:2.0.1.1.40.1.24.14 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.51 Request for reconsideration. | DOJ | A victim or representative may, within thirty (30) days after receipt of the determination under § 94.24, appeal the same to the Assistant Attorney General for the Office of Justice Programs, by submitting a written request for review. The Assistant Attorney General may conduct a review and make a determination based on the material submitted with the initial application, or may request additional documentation in order to conduct a more thorough review. In special circumstances, the Assistant Attorney General may determine that an oral hearing is warranted; in such cases, the hearing shall be held at a reasonable time and place. | |||||
| 28:28:2.0.1.1.40.1.24.15 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | A | Subpart A—International Terrorism Victim Expense Reimbursement Program | § 94.52 Final agency decision. | DOJ | In cases that are not appealed under § 94.51, the Director's determination pursuant to § 94.24 shall be the final agency decision. In all cases that are appealed, the Assistant Attorney General shall issue a notice of final determination, which shall be the final agency decision, setting forth the findings of fact and conclusions of law supporting his determination. | |||||
| 28:28:2.0.1.1.40.2.25.1 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.101 Purpose and scope; future guidance; construction and severability; compliance date. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3656, Jan. 20, 2023] | (a) Purpose and scope. This subpart implements the provisions of VOCA, at 34 U.S.C. 20103, which, as of July 8, 2016, authorize the Director to make an annual grant to the chief executive of each State for the financial support of eligible crime victim assistance programs. VOCA sets out the statutory requirements governing these grants, and this subpart should be read in conjunction with it. Grants under this program also are subject to the government-wide grant rules in 2 CFR part 200, as implemented by the Department of Justice at 2 CFR part 2800, and the DOJ Grants Financial Guide. (b) Future guidance. The Director may, pursuant to 34 U.S.C. 20110(a), prescribe guidance for grant recipients and sub-recipients under this program on the application of this subpart. (c) Construction and severability. Any provision of this subpart held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this part and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. (d) Compliance date. This subpart applies to all grants under this program made by OVC after August 8, 2016, except for funds that the SAA obligated before August 8, 2016 ( i.e. pre-award funds under grants made in 2016). SAAs may permit the use of funds that are unobligated as of August 8, 2016 for activities permitted by this subpart, but not by the Guidelines. | ||||
| 28:28:2.0.1.1.40.2.25.2 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.102 Definitions. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3656, Jan. 20, 2023] | As used in this subpart: Crime victim or victim of crime means a person who has suffered physical, sexual, financial, or emotional harm as a result of the commission of a crime. Director means the Director of OVC. Direct services or services to victims of crime means those services described in 34 U.S.C. 20103(d)(2), and efforts that— (1) Respond to the emotional, psychological, or physical needs of crime victims; (2) Assist victims to stabilize their lives after victimization; (3) Assist victims to understand and participate in the criminal justice system; or (4) Restore a measure of security and safety for the victim. OVC means the Office for Victims of Crime, within the United States Department of Justice's Office of Justice Programs. Project means the direct services project funded by a grant under this program, unless context indicates otherwise. Spousal abuse includes domestic and intimate partner violence. State Administering Agency or SAA is the governmental unit designated by the chief executive of a State to administer grant funds under this program. Sub-recipient means an entity that is eligible to receive grant funds under this program from a State under this subpart. Victim of child abuse means a victim of crime, where such crime involved an act or omission considered to be child abuse under the law of the relevant SAA jurisdiction. In addition, for purposes of this program, victims of child abuse may include, but are not limited to, child victims of: Physical, sexual, or emotional abuse; child pornography-related offenses; neglect; commercial sexual exploitation; bullying; and/or exposure to violence. Victim of federal crime means a victim of an offense in violation of a federal criminal statute or regulation, including, but not limited to, offenses that occur in an area where the federal government has jurisdiction, whether in the United States or abroad, such as Indian reservations, national parks, federal buildings, and military installations. VOCA means the Victim… | ||||
| 28:28:2.0.1.1.40.2.26.3 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.103 General. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3656, Jan. 20, 2023] | (a) Direct services. SAAs may use VOCA funds to provide direct services through sub-recipients or in their own projects, and to cover administrative and training costs of the SAA. SAAs have sole discretion to determine which organizations will receive funds, and in what amounts, subject to the minimum requirements set forth in VOCA and this subpart. SAAs must ensure that projects provide services to victims of federal crimes on the same basis as to victims of crimes under State or local law. SAAs may fund direct services regardless of a victim's participation in the criminal justice process. Victim eligibility under this program for direct services is not dependent on the victim's immigration status. (b) SAA eligibility certification. Each SAA must certify that it will meet the criteria set forth in VOCA, at 34 U.S.C. 20103(a)(2), and in this subpart . This certification shall be submitted by the chief executive of the State (or a designee) annually in such form and manner as OVC specifies from time to time. As of July 8, 2016, VOCA requires the chief executive to certify that— (1) Priority will be given to programs providing assistance to victims of sexual assault, spousal abuse, or child abuse; (2) Funds will be made available to programs serving underserved victims; (3) VOCA funds awarded to the State, and by the State to eligible crime victim assistance programs, will not be used to supplant State and local government funds otherwise available for crime victim assistance. (c) Pass-through administration. SAAs have broad latitude in structuring their administration of VOCA funding. VOCA funding may be administered by the SAA itself, or by other means, including the use of pass-through entities (such as coalitions of victim service providers) to make determinations regarding award distribution and to administer funding. SAAs that opt to use a pass-through entity shall ensure that the total sum of VOCA funding for administrative and training costs for the SAA and pass-through entity is within the VOCA… | ||||
| 28:28:2.0.1.1.40.2.26.4 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.104 Allocation of sub-awards. | DOJ | [81 FR 44528, July 8, 2016, as amended by at FR 3656, Jan. 20, 2023] | (a) Directed allocation of forty percent overall. Except as provided in paragraph (d) of this section, each SAA shall allocate each year's VOCA grant as specified below in paragraphs (b) and (c) of this section. Where victims of priority category crimes are determined to be underserved as well, an SAA may count funds allocated to projects serving such victims in either the priority category or the underserved category, but not both. (b) Priority categories of crime victims (thirty percent total). SAAs shall allocate a minimum of ten percent of each year's VOCA grant to each of the three priority categories of victims specified in the certification requirement in VOCA, at 34 U.S.C. 20103(a)(2)(A), which, as of July 8, 2016, includes victims of— (1) Sexual assault, (2) Spousal abuse and (3) Child abuse. (c) Previously underserved category (ten percent total). SAAs shall allocate a minimum of ten percent of each year's VOCA grant to underserved victims of violent crime, as specified in VOCA, at 34 U.S.C. 20103(a)(2)(B). To meet this requirement, SAAs shall identify which type of crime victim a service project assists by the type of crime they have experienced or the demographic characteristics of the crime victim, or both. (d) Exceptions to required allocations. The Director may approve an allocation different from that specified in paragraphs (b) and (c) of this section, pursuant to a written request from the SAA that demonstrates (to the satisfaction of the Director) that there is good cause therefor. (e) Sub-award process: Documentation, conflicts of interest, and competition of funding to sub-recipients. (1) SAAs have sole discretion to determine which organizations will receive funds, and in what amounts, subject to the requirements of VOCA, this subpart, and the provisions in the DOJ Grants Financial Guide relating to conflicts of interest. SAAs must maintain a documented methodology for selecting all competitive and non-competitive sub-recipients. (2) SAAs are encouraged to award funds throu… | ||||
| 28:28:2.0.1.1.40.2.26.5 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.105 Reporting requirements. | DOJ | (a) Subgrant award reports. SAAs shall submit, at such times and in such form and manner as OVC may specify from time to time, subgrant award reports to OVC for each project that receives VOCA funds. If an SAA awards funds to a pass-through entity, the SAA also shall submit a report on the pass-through entity, at such times and in such form and manner as OVC may specify from time to time. (b) Performance report. SAAs shall submit, in such form and manner as OVC may specify from time to time, performance reports to OVC on a quarterly basis. (c) Obligation to report fraud, waste, abuse, and similar misconduct. SAAs shall— (1) Promptly notify OVC of any formal allegation or finding of fraud, waste, abuse, or similar misconduct involving VOCA funds; (2) Promptly refer any credible evidence of such misconduct to the Department of Justice Office of the Inspector General; and (3) Apprise OVC, in timely fashion, of the status of any on-going investigations | |||||
| 28:28:2.0.1.1.40.2.26.6 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.106 Monitoring requirements. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | (a) Monitoring plan. Unless the Director grants a waiver, SAAs shall develop and implement a monitoring plan in accordance with the requirements of this section and 2 CFR 200.332. The monitoring plan must include a risk assessment plan. (b) Monitoring frequency. SAAs shall conduct regular desk monitoring of all sub-recipients. In addition, SAAs shall conduct on-site monitoring of all sub-recipients at least once every two years during the award period, unless a different frequency based on risk assessment is set out in the monitoring plan. (c) Recordkeeping. SAAs shall maintain a copy of site visit results and other documents related to compliance. | ||||
| 28:28:2.0.1.1.40.2.27.10 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.110 Allowable training costs. | DOJ | VOCA funds may be used only for training activities that occur within the award period, and all funds for training must be obligated prior to the end of such period. Allowable training costs generally include, but are not limited to, the following: (a) Statewide/regional training of personnel providing direct assistance and allied professionals, including VOCA funded and non-VOCA funded personnel, as well as managers and Board members of victim service agencies; and (b) Training academies for victim assistance. | |||||
| 28:28:2.0.1.1.40.2.27.7 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.107 Administration and training. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | (a) Amount. No SAA may use more than the amount prescribed by VOCA, at 34 U.S.C. 20103(b)(3), for training and administration. As of July 8, 2016, the amount is five percent of a State's annual VOCA grant. (b) Notification. An SAA shall notify OVC of its decision to use VOCA funds for training or administration, either at the time of application for the VOCA grant or within thirty days of such decision. Such notification shall indicate what portion of the amount will be allocated for training and what portion for administration. If VOCA funding will be used for administration, the SAA shall follow the rules and submit the certification required in § 94.108 regarding supplantation . (c) Availability. SAAs shall ensure that each training and administrative activity funded by the VOCA grant occurs within the award period. (d) Documentation. SAAs shall maintain sufficient records to substantiate the expenditure of VOCA funds for training or administration. (e) Volunteer training. SAAs may allow sub-recipients to use VOCA funds to train volunteers in how to provide direct services when such services will be provided primarily by volunteers. Such use of VOCA funds will not count against the limit described in paragraph (a) of this section. | ||||
| 28:28:2.0.1.1.40.2.27.8 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.108 Prohibited supplantation of funding for administrative costs. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | (a) Non-supplantation requirement. SAAs may not use VOCA funding to supplant State administrative support for the State crime victim assistance program. Consistent with the DOJ Grants Financial Guide, such supplantation is the deliberate reduction of State funds because of the availability of VOCA funds. Where a State decreases its administrative support for the State crime victim assistance program, the SAA must submit, upon request from OVC, an explanation for the decrease. (b) Baseline for administrative costs. In each year in which an SAA uses VOCA funds for administration, it shall— (1) Establish and document a baseline level of non-VOCA funding required to administer the State victim assistance program, based on SAA expenditures for administrative costs during that fiscal year and the previous fiscal year, prior to expending VOCA funds for administration; and (2) Submit the certification required by 34 U.S.C. 20110(h), which, as of July 8, 2016, requires an SAA to certify here that VOCA funds will not be used to supplant State funds, but will be used to increase the amount of such funds that would, in the absence of VOCA funds, be made available for administrative purposes. | ||||
| 28:28:2.0.1.1.40.2.27.9 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.109 Allowable administrative costs. | DOJ | (a) Funds for administration may be used only for costs directly associated with administering a State's victim assistance program. Where allowable administrative costs are allocable to both the crime victim assistance program and another State program, the VOCA grant may be charged no more than its proportionate share of such costs. SAAs may charge a federally-approved indirect cost rate to the VOCA grant, provided that the total amount charged does not exceed the amount prescribed by VOCA for training and administration. (b) Costs directly associated with administering a State victim assistance program generally include the following: (1) Salaries and benefits of SAA staff and consultants to administer and manage the program; (2) Training of SAA staff, including, but not limited to, travel, registration fees, and other expenses associated with SAA staff attendance at technical assistance meetings and conferences relevant to the program; (3) Monitoring compliance of VOCA sub-recipients with federal and State requirements, support for victims' rights compliance programs, provision of technical assistance, and evaluation and assessment of program activities, including, but not limited to, travel, mileage, and other associated expenses; (4) Reporting and related activities necessary to meet federal and State requirements; (5) Program evaluation, including, but not limited to, surveys or studies that measure the effect or outcome of victim services; (6) Program audit costs and related activities necessary to meet federal audit requirements for the VOCA grant; (7) Technology-related costs, generally including for grant management systems, electronic communications systems and platforms ( e.g., Web pages and social media), geographic information systems, victim notification systems, and other automated systems, related equipment ( e.g., computers, software, fax and copying machines, and TTY/TDDs) and related technology support services necessary for administration of the program; (8) Membersh… | |||||
| 28:28:2.0.1.1.40.2.28.11 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.111 Eligible crime victim assistance programs. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | SAAs may award VOCA funds only to crime victim assistance programs that meet the requirements of VOCA, at 34 U.S.C. 20103(b)(1), and this subpart. Each such program shall abide by any additional criteria or reporting requirements established by the SAA. | ||||
| 28:28:2.0.1.1.40.2.28.12 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.112 Types of eligible organizations and organizational capacity. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | (a) Eligible programs. Eligible programs are not limited to entities whose sole purpose is to provide direct services. There are special considerations for certain types of entities, as described below: (1) Faith-based and neighborhood programs. SAAs may award VOCA funds to otherwise eligible faith-based and neighborhood programs, but in making such awards, SAAs shall ensure that such programs comply with all applicable federal law, including, but not limited to, part 38 of this chapter. (2) Crime victim compensation programs. SAAs may provide VOCA victim assistance funding to compensation programs only for the purpose of providing direct services that extend beyond the essential duties of the staff administering the compensation program, which services may include, but are not limited to, crisis intervention; counseling; and providing information, referrals, and follow-up for crime victims. (3) Victim service organizations located in an adjacent State. SAAs may award VOCA funds to otherwise eligible programs that are physically located in an adjacent State, but in making such awards, the SAA shall provide notice of such award to the SAA of the adjacent State, and coordinate, as appropriate, to ensure effective provision of services, monitoring, auditing of federal funds, compliance, and reporting. (4) Direct service programs run by the SAA. SAAs may fund their own direct services programs, but, under § 94.104(f), may allocate no more than ten percent of the VOCA grant to such programs, and each such program shall adhere to the allowable/unallowable cost rules for sub-recipient projects set out in this subpart at §§ 94.119 through 94.122. (b) Organizational capacity of the program. For purposes of VOCA, at 34 U.S.C. 20103(b)(1)(B), the following shall apply: (1) Record of effective services to victims of crime and support from sources other than the Crime Victims Fund. A program has demonstrated a record of effective direct services and support from sources other than the Crime Victims Fund wh… | ||||
| 28:28:2.0.1.1.40.2.28.13 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.113 Use of volunteers, community efforts, compensation assistance. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | (a) Mandated use of volunteers; waiver. Programs shall use volunteers, to the extent required by the SAA, in order to be eligible for VOCA funds. The chief executive of the State, who may act through the SAA, may waive this requirement, provided that the program submits written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers, to the satisfaction of the chief executive. (b) Waiver of use of volunteers. SAAs shall maintain documentation supporting any waiver granted under VOCA, at 34 U.S.C. 20103(b)(1)(C), relating to the use of volunteers by programs. (c) Promotion of community efforts to aid crime victims. Community served coordinated public and private efforts to aid crime victims may include, but are not limited to, serving on federal, State, local, or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. (d) Assistance to victims in applying for compensation. Assistance to potential recipients of crime victim compensation benefits (including potential recipients who are victims of federal crime) in applying for such benefits may include, but are not limited to, referring such potential recipients to an organization that can so assist, identifying crime victims and advising them of the availability of such benefits, assisting such potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of such potential recipients with the crime victims' compensation program. | ||||
| 28:28:2.0.1.1.40.2.28.14 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.114 Prohibited discrimination. | DOJ | [81 FR 44528, July 8, 2016, as amended at 88 FR 3657, Jan. 20, 2023] | (a) The VOCA non-discrimination provisions specified at 34 U.S.C. 20110(e) shall be implemented in accordance with 28 CFR part 42. (b) In complying with VOCA, at 34 U.S.C. 20110(e), as implemented by 28 CFR part 42, SAAs and sub-recipients shall comply with such guidance as may be issued from time to time by the Office for Civil Rights within the Office of Justice Programs. | ||||
| 28:28:2.0.1.1.40.2.28.15 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.115 Non-disclosure of confidential or private information. | DOJ | (a) Confidentiality. SAAs and sub-recipients of VOCA funds shall, to the extent permitted by law, reasonably protect the confidentiality and privacy of persons receiving services under this program and shall not disclose, reveal, or release, except pursuant to paragraphs (b) and (c) of this section— (1) Any personally identifying information or individual information collected in connection with VOCA-funded services requested, utilized, or denied, regardless of whether such information has been encoded, encrypted, hashed, or otherwise protected; or (2) Individual client information, without the informed, written, reasonably time-limited consent of the person about whom information is sought, except that consent for release may not be given by the abuser of a minor, incapacitated person, or the abuser of the other parent of the minor. If a minor or a person with a legally appointed guardian is permitted by law to receive services without a parent's (or the guardian's) consent, the minor or person with a guardian may consent to release of information without additional consent from the parent or guardian. (b) Release. If release of information described in paragraph (a)(2) of this section is compelled by statutory or court mandate, SAAs or sub-recipients of VOCA funds shall make reasonable attempts to provide notice to victims affected by the disclosure of the information, and take reasonable steps necessary to protect the privacy and safety of the persons affected by the release of the information. (c) Information sharing. SAAs and sub-recipients may share— (1) Non-personally identifying data in the aggregate regarding services to their clients and non-personally identifying demographic information in order to comply with reporting, evaluation, or data collection requirements; (2) Court-generated information and law-enforcement-generated information contained in secure governmental registries for protection order enforcement purposes; and (3) Law enforcement- and prosecution-generated information nece… | |||||
| 28:28:2.0.1.1.40.2.29.16 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.116 Purpose of VOCA-funded projects. | DOJ | VOCA funds shall be available to sub-recipients only to provide direct services and supporting and administrative activities as set out in this subpart. SAAs shall ensure that VOCA sub-recipients obligate and expend funds in accordance with VOCA and this subpart. Sub-recipients must provide services to victims of federal crimes on the same basis as to victims of crimes under State or local law. Sub-recipients may provide direct services regardless of a victim's participation in the criminal justice process. Victim eligibility under this program for direct services is not dependent on the victim's immigration status. | |||||
| 28:28:2.0.1.1.40.2.29.17 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.117 Cost of services; sub-recipient program income. | DOJ | (a) Cost of services. Sub-recipients shall provide VOCA-funded direct services at no charge, unless the SAA grants a waiver allowing the sub-recipient to generate program income by charging for services. Program income, where allowed, shall be subject to federal grant rules and the requirements of the DOJ Grants Financial Guide, which, as of July 8, 2016, require in most cases that any program income be restricted to the same uses as the sub-award funds and expended during the grant period in which it is generated. (b) Considerations for waiver. In determining whether to grant a waiver under this section, the SAA should consider whether charging victims for services is consistent with the project's victim assistance objectives and whether the sub-recipient is capable of effectively tracking program income in accordance with financial accounting requirements. | |||||
| 28:28:2.0.1.1.40.2.29.18 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.118 Project match requirements. | DOJ | (a) Project match amount. Sub-recipients shall contribute ( i.e., match) not less than twenty percent (cash or in-kind) of the total cost of each project, except as provided in paragraph (b) of this section. (b) Exceptions to project match requirement. The following are not subject to the requirement set forth in paragraph (a) of this section: (1) Sub-recipients that are federally-recognized American Indian or Alaska Native tribes, or projects that operate on tribal lands; (2) Sub-recipients that are territories or possessions of the United States (except for the Commonwealth of Puerto Rico), or projects that operate therein; and (3) Sub-recipients other than those described in paragraphs (b)(1) and (2) of this section, that have applied (through their SAAs) for, and been granted, a full or partial waiver from the Director. Waiver requests must be supported by the SAA and justified in writing. Waivers are entirely at the Director's discretion, but the Director typically considers factors such as local resources, annual budget changes, past ability to provide match, and whether the funding is for new or additional activities requiring additional match versus continuing activities where match is already provided. (c) Sources of project match. Contributions under paragraph (a) of this section shall be derived from non-federal sources, except as may be provided in the DOJ Grants Financial Guide, and may include, but are not limited to, the following: (1) Cash; i.e., the value of direct funding for the project; (2) Volunteered professional or personal services, the value placed on which shall be consistent with the rate of compensation (which may include fringe benefits) paid for similar work in the program, but if the similar work is not performed in the program, the rate of compensation shall be consistent with the rate found in the labor market in which the program competes; (3) Materials/Equipment, but the value placed on lent or donated equipment shall not exceed its fair market value; (4) … | |||||
| 28:28:2.0.1.1.40.2.30.19 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.119 Allowable direct service costs. | DOJ | Direct services for which VOCA funds may be used include, but are not limited to, the following: (a) Immediate emotional, psychological, and physical health and safety —Services that respond to immediate needs (other than medical care, except as allowed under paragraph (a)(9) of this section) of crime victims, including, but not limited to: (1) Crisis intervention services; (2) Accompanying victims to hospitals for medical examinations; (3) Hotline counseling; (4) Safety planning; (5) Emergency food, shelter, clothing, and transportation; (6) Short-term (up to 45 days) in-home care and supervision services for children and adults who remain in their own homes when the offender/caregiver is removed; (7) Short-term (up to 45 days) nursing-home, adult foster care, or group-home placement for adults for whom no other safe, short-term residence is available; (8) Window, door, or lock replacement or repair, and other repairs necessary to ensure a victim's safety; (9) Costs of the following, on an emergency basis ( i.e., when the State's compensation program, the victim's (or in the case of a minor child, the victim's parent's or guardian's) health insurance plan, Medicaid, or other health care funding source, is not reasonably expected to be available quickly enough to meet the emergency needs of a victim (typically within 48 hours of the crime): Non-prescription and prescription medicine, prophylactic or other treatment to prevent HIV/AIDS infection or other infectious disease, durable medical equipment (such as wheel-chairs, crutches, hearing aids, eyeglasses), and other healthcare items are allowed; and (10) Emergency legal assistance, such as for filing for restraining or protective orders, and obtaining emergency custody orders and visitation rights; (b) Personal advocacy and emotional support —Personal advocacy and emotional support, including, but not limited to: (1) Working with a victim to assess the impact of the crime; (2) Identification of victim's needs; (3) Case management; (4) Manageme… | |||||
| 28:28:2.0.1.1.40.2.30.20 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.120 Allowable costs for activities supporting direct services. | DOJ | Supporting activities for which VOCA funds may be used include, but are not limited to, the following: (a) Coordination of activities —Coordination activities that facilitate the provision of direct services, include, but are not limited to, State-wide coordination of victim notification systems, crisis response teams, multi-disciplinary teams, coalitions to support and assist victims, and other such programs, and salaries and expenses of such coordinators; (b) Supervision of direct service providers —Payment of salaries and expenses of supervisory staff in a project, when the SAA determines that such staff are necessary and effectively facilitate the provision of direct services; (c) Multi-system, interagency, multi-disciplinary response to crime victim needs —Activities that support a coordinated and comprehensive response to crime victims needs by direct service providers, including, but not limited to, payment of salaries and expenses of direct service staff serving on child and adult abuse multi-disciplinary investigation and treatment teams, coordination with federal agencies to provide services to victims of federal crimes and/or participation on Statewide or other task forces, work groups, and committees to develop protocols, interagency, and other working agreements; (d) Contracts for professional services —Contracting for specialized professional services ( e.g., psychological/psychiatric consultation, legal services, interpreters), at a rate not to exceed a reasonable market rate, that are not available within the organization; (e) Automated systems and technology —Subject to the provisions of the DOJ Grants Financial Guide and government-wide grant rules relating to acquisition, use and disposition of property purchased with federal funds, procuring automated systems and technology that support delivery of direct services to victims ( e.g., automated information and referral systems, email systems that allow communications among victim service providers, automated case-tracking and managem… | |||||
| 28:28:2.0.1.1.40.2.30.21 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.121 Allowable sub-recipient administrative costs. | DOJ | Administrative costs for which VOCA funds may be used by sub-recipients include, but are not limited to, the following: (a) Personnel costs —Personnel costs that are directly related to providing direct services and supporting activities, such as staff and coordinator salaries expenses (including fringe benefits), and a prorated share of liability insurance; (b) Skills training for staff —Training exclusively for developing the skills of direct service providers, including paid staff and volunteers (both VOCA-funded and not), so that they are better able to offer quality direct services, including, but not limited to, manuals, books, videoconferencing, electronic training resources, and other materials and resources relating to such training. (c) Training-related travel —Training-related costs such as travel (in-State, regional, and national), meals, lodging, and registration fees for paid direct-service staff (both VOCA-funded and not); (d) Organizational Expenses —Organizational expenses that are necessary and essential to providing direct services and other allowable victim services, including, but not limited to, the prorated costs of rent; utilities; local travel expenses for service providers; and required minor building adaptations necessary to meet the Department of Justice standards implementing the Americans with Disabilities Act and/or modifications that would improve the program's ability to provide services to victims; (e) Equipment and furniture —Expenses of procuring furniture and equipment that facilitate the delivery of direct services ( e.g. , mobile communication devices, telephones, braille and TTY/TDD equipment, computers and printers, beepers, video cameras and recorders for documenting and reviewing interviews with children, two-way mirrors, colposcopes, digital cameras, and equipment and furniture for shelters, work spaces, victim waiting rooms, and children's play areas), except that the VOCA grant may be charged only the prorated share of an item that is not used exclusively fo… | |||||
| 28:28:2.0.1.1.40.2.30.22 | 28 | Judicial Administration | I | 94 | PART 94—CRIME VICTIM SERVICES | B | Subpart B—VOCA Victim Assistance Program | § 94.122 Expressly unallowable sub-recipient costs. | DOJ | Notwithstanding any other provision of this subpart, no VOCA funds may be used to fund or support the following: (a) Lobbying —Lobbying or advocacy activities with respect to legislation or to administrative changes to regulations or administrative policy ( cf. 18 U.S.C. 1913), whether conducted directly or indirectly; (b) Research and studies —Research and studies, except for project evaluation under § 94.121(j); (c) Active investigation and prosecution of criminal activities —The active investigation and prosecution of criminal activity, except for the provision of victim assistance services ( e.g., emotional support, advocacy, and legal services) to crime victims, under § 94.119, during such investigation and prosecution; (d) Fundraising —Any activities related to fundraising, except for fee-based, or similar, program income authorized by the SAA under this subpart. (e) Capital expenses —Capital improvements; property losses and expenses; real estate purchases; mortgage payments; and construction (except as specifically allowed elsewhere in this subpart). (f) Compensation for victims of crime —Reimbursement of crime victims for expenses incurred as a result of a crime, except as otherwise allowed by other provisions of this subpart; (g) Medical care —Medical care, except as otherwise allowed by other provisions of this subpart; and (h) Salaries and expenses of management —Salaries, benefits, fees, furniture, equipment, and other expenses of executive directors, board members, and other administrators (except as specifically allowed elsewhere in this subpart). | |||||
| 29:29:1.1.1.1.45.1.81.1 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 94.100 What does this part do? | DOL | This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy. | ||||||
| 29:29:1.1.1.1.45.1.81.2 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 94.105 Does this part apply to me? | DOL | (a) Portions of this part apply to you if you are either— (1) A recipient of an assistance award from the Department of Labor; or (2) A(n) Department of Labor awarding official. (See definitions of award and recipient in §§ 94.605 and 94.660, respectively.) (b) The following table shows the subparts that apply to you: | ||||||
| 29:29:1.1.1.1.45.1.81.3 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 94.110 Are any of my Federal assistance awards exempt from this part? | DOL | This part does not apply to any award that the Secretary of Labor or designee determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. | ||||||
| 29:29:1.1.1.1.45.1.81.4 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 94.115 Does this part affect the Federal contracts that I receive? | DOL | It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in § 94.510(c). However, this part does not apply directly to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). | ||||||
| 29:29:1.1.1.1.45.2.81.1 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.200 What must I do to comply with this part? | DOL | There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to— (1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see §§ 94.205 through 94.220); and (2) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see § 94.225). (b) Second, you must identify all known workplaces under your Federal awards (see § 94.230). | ||||||
| 29:29:1.1.1.1.45.2.81.2 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.205 What must I include in my drug-free workplace statement? | DOL | You must publish a statement that— (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees for violating that prohibition; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction. | ||||||
| 29:29:1.1.1.1.45.2.81.3 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.210 To whom must I distribute my drug-free workplace statement? | DOL | You must require that a copy of the statement described in § 94.205 be given to each employee who will be engaged in the performance of any Federal award. | ||||||
| 29:29:1.1.1.1.45.2.81.4 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.215 What must I include in my drug-free awareness program? | DOL | You must establish an ongoing drug-free awareness program to inform employees about— (a) The dangers of drug abuse in the workplace; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that you may impose upon them for drug abuse violations occurring in the workplace. | ||||||
| 29:29:1.1.1.1.45.2.81.5 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? | DOL | If you are a new recipient that does not already have a policy statement as described in § 94.205 and an ongoing awareness program as described in § 94.215, you must publish the statement and establish the program by the time given in the following table: | ||||||
| 29:29:1.1.1.1.45.2.81.6 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.225 What actions must I take concerning employees who are convicted of drug violations in the workplace? | DOL | There are two actions you must take if an employee is convicted of a drug violation in the workplace: (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by § 94.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must_ (1) Be in writing; (2) Include the employee's position title; (3) Include the identification number(s) of each affected award; (4) Be sent within ten calendar days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices. (b) Second, within 30 calendar days of learning about an employee's conviction, you must either_ (1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or (2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. | ||||||
| 29:29:1.1.1.1.45.2.81.7 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 94.230 How and when must I identify workplaces? | DOL | (a) You must identify all known workplaces under each Department of Labor award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces_ (1) To the Department of Labor official that is making the award, either at the time of application or upon award; or (2) In documents that you keep on file in your offices during the performance of the award, in which case you must make the information available for inspection upon request by Department of Labor officials or their designated representatives. (b) Your workplace identification for an award must include the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Categorical descriptions may be used ( e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). (c) If you identified workplaces to the Department of Labor awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the Department of Labor awarding official. | ||||||
| 29:29:1.1.1.1.45.3.81.1 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | C | Subpart C—Requirements for Recipients Who Are Individuals | § 94.300 What must I do to comply with this part if I am an individual recipient? | DOL | As a condition of receiving a(n) Department of Labor award, if you are an individual recipient, you must agree that— (a) You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction: (1) In writing. (2) Within 10 calendar days of the conviction. (3) To the Department of Labor awarding official or other designee for each award that you currently have, unless § 94.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award. | ||||||
| 29:29:1.1.1.1.45.3.81.2 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | C | Subpart C—Requirements for Recipients Who Are Individuals | § 94.301 [Reserved] | DOL | |||||||
| 29:29:1.1.1.1.45.4.81.1 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | D | Subpart D—Responsibilities of Department of Labor Awarding Officials | § 94.400 What are my responsibilities as a(n) Department of Labor awarding official? | DOL | As a(n) Department of Labor awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in— (a) Subpart B of this part, if the recipient is not an individual; or (b) Subpart C of this part, if the recipient is an individual. | ||||||
| 29:29:1.1.1.1.45.5.81.1 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 94.500 How are violations of this part determined for recipients other than individuals? | DOL | A recipient other than an individual is in violation of the requirements of this part if the Secretary of Labor or designee determines, in writing, that— (a) The recipient has violated the requirements of subpart B of this part; or (b) The number of convictions of the recipient's employees for violating criminal drug statutes in the workplace is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace. | ||||||
| 29:29:1.1.1.1.45.5.81.2 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 94.505 How are violations of this part determined for recipients who are individuals? | DOL | An individual recipient is in violation of the requirements of this part if the Secretary of Labor or designee determines, in writing, that— (a) The recipient has violated the requirements of subpart C of this part; or (b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. | ||||||
| 29:29:1.1.1.1.45.5.81.3 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 94.510 What actions will the Federal Government take against a recipient determined to have violated this part? | DOL | If a recipient is determined to have violated this part, as described in § 94.500 or § 94.505, the Department of Labor may take one or more of the following actions— (a) Suspension of payments under the award; (b) Suspension or termination of the award; and (c) Suspension or debarment of the recipient under 29 CFR part 98, for a period not to exceed five years. | ||||||
| 29:29:1.1.1.1.45.5.81.4 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of this Part and Consequences | § 94.515 Are there any exceptions to those actions? | DOL | The Secretary of Labor or designee may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the Secretary of Labor or designee determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official. | ||||||
| 29:29:1.1.1.1.45.6.81.1 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.605 Award. | DOL | Award means an award of financial assistance by the Department of Labor or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money. (2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 29 CFR part 97 that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements. (b) The term award does not include: (1) Technical assistance that provides services instead of money. (2) Loans. (3) Loan guarantees. (4) Interest subsidies. (5) Insurance. (6) Direct appropriations. (7) Veterans' benefits to individuals ( i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States). | ||||||
| 29:29:1.1.1.1.45.6.81.10 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.650 Grant. | DOL | Grant means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship— (a) The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and (b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. | ||||||
| 29:29:1.1.1.1.45.6.81.11 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.655 Individual. | DOL | Individual means a natural person. | ||||||
| 29:29:1.1.1.1.45.6.81.12 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.660 Recipient. | DOL | Recipient means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency. | ||||||
| 29:29:1.1.1.1.45.6.81.13 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.665 State. | DOL | State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. | ||||||
| 29:29:1.1.1.1.45.6.81.14 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.670 Suspension. | DOL | Suspension means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award. | ||||||
| 29:29:1.1.1.1.45.6.81.2 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.610 Controlled substance. | DOL | Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15. | ||||||
| 29:29:1.1.1.1.45.6.81.3 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.615 Conviction. | DOL | Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. | ||||||
| 29:29:1.1.1.1.45.6.81.4 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.620 Cooperative agreement. | DOL | Cooperative agreement means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in § 94.650), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a. | ||||||
| 29:29:1.1.1.1.45.6.81.5 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.625 Criminal drug statute. | DOL | Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. | ||||||
| 29:29:1.1.1.1.45.6.81.6 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.630 Debarment. | DOL | Debarment means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. | ||||||
| 29:29:1.1.1.1.45.6.81.7 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.635 Drug-free workplace. | DOL | Drug-free workplace means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. | ||||||
| 29:29:1.1.1.1.45.6.81.8 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.640 Employee. | DOL | (a) Employee means the employee of a recipient directly engaged in the performance of work under the award, including— (1) All direct charge employees; (2) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and (3) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll. (b) This definition does not include workers not on the payroll of the recipient ( e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces). | ||||||
| 29:29:1.1.1.1.45.6.81.9 | 29 | Labor | 94 | PART 94—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 94.645 Federal agency or agency. | DOL | Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency. | ||||||
| 40:40:22.0.1.1.10.0.1.1 | 40 | Protection of Environment | I | C | 94 | PART 94—CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES | § 94.1 Applicability. | EPA | The Environmental Protection Agency adopted emission standards for model year 2004 and later marine compression-ignition engines under this part. EPA has migrated regulatory requirements for these engines to 40 CFR part 1042, with additional testing and compliance provisions in 40 CFR parts 1065 and 1068. The Tier 1 and Tier 2 standards originally adopted in this part are identified in 40 CFR part 1042, appendix I. See 40 CFR 1042.1 for information regarding the timing of the transition to 40 CFR part 1042, and for information regarding regulations that continue to apply for engines that manufacturers originally certified or otherwise produced under this part. | ||||||
| 40:40:22.0.1.1.10.0.1.2 | 40 | Protection of Environment | I | C | 94 | PART 94—CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES | §§ 94.2 through 94.3 [Reserved] | EPA | |||||||
| 7:7:3.1.1.3.21.1.289.1 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | A | Subpart A—Mandatory Analyses of Egg Products | § 94.1 General. | AMS | Microbiological, chemical, and physical analysis of liquid, frozen, and dried egg products is performed under authority of the Egg Products Inspection Act (21 U.S.C. 1031-1056). | ||||
| 7:7:3.1.1.3.21.1.289.2 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | A | Subpart A—Mandatory Analyses of Egg Products | § 94.2 Definitions. | AMS | [58 FR 42428, Aug. 9, 1993, as amended at 65 FR 64318, Oct. 26, 2000] | Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this subpart, unless the context requires otherwise, the following terms will be construed to mean: Egg. The shell egg of the domesticated chicken, turkey, duck, goose, or guinea. Some of the terms applicable to shell eggs are defined by the AMS Poultry Programs in 7 CFR 57.5. Egg product. Any dried, frozen, or liquid eggs, with or without added ingredients. However, products which contain eggs only in a relatively small proportion or historically have not been, in the judgment of the Secretary, considered by consumers as products of the egg food industry may be exempted by the Secretary under such conditions as may be prescribed to assure that the egg ingredients are not adulterated and such products are not represented as egg products. Some of the products exempted as not being egg products are specified by the AMS Poultry Programs in 7 CFR 57.5. Mandatory sample. An official sample of egg product(s) taken for testing under authority of the Egg Products Inspection Act (21 U.S.C. 1031-1056) for analysis by a United States Department of Agriculture, Agricultural Marketing Service, Science and Technology laboratory at government expense. A mandatory sample shall include an egg product sample to be analyzed for microbiological, chemical, or physical attributes. A mandatory egg product sample analyzed for the presence of Salmonella is also referred to as a confirmation sample as specified by the Food Safety and Inspection Service agency of USDA in 9 CFR 590.580, paragraph (d). Official plant. Any plant, as determined by the Secretary, at which the U.S. Department of Agriculture maintains inspection of the processing of egg products under the authority of the Egg Products Inspection Act. Pasteurize. The subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms by such processes as may … | |||
| 7:7:3.1.1.3.21.1.289.3 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | A | Subpart A—Mandatory Analyses of Egg Products | § 94.3 Analyses performed and locations of laboratories. | AMS | [58 FR 42428, Aug. 9, 1993, as amended at 59 FR 24325, May 10, 1994; 59 FR 50121, Sept. 30, 1994; 65 FR 64318, Oct. 26, 2000] | (a) Samples drawn by a USDA egg products inspector will be analyzed by AMS Science and Technology (S&T) personnel for microbiological, chemical, and physical attributes. The analytical results of these samples will be reported to the resident egg products inspector at the applicable plant on the official certificate. (b) Mandatory egg product samples for Salmonella are required and are analyzed in S&T laboratories to spot check and confirm the adequacy of USDA approved and recognized laboratories for analyzing routine egg product samples for Salmonella. (c) Mandatory egg product samples for chlorinated hydrocarbons are required and are submitted by the plant inspectors on a random basis. These samples screen for pesticide residues and industrial chemical contaminants in egg products. (d) Samples are drawn by a USDA egg products inspector to determine potential adulteration. These egg product samples may be analyzed for extraneous material, color, color additive, pesticide, heavy metal, microorganism, dextrin, or other substance. (e) The AMS Science and Technology's Eastern Laboratory shall conduct the majority of laboratory analyses for egg products. The analyses for mandatory egg product samples are performed at the following USDA location: USDA, AMS, Science & Technology, Eastern Laboratory (Microbiology), 2311-B Aberdeen Boulevard, Gastonia, NC 28054-0614. | |||
| 7:7:3.1.1.3.21.1.289.4 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | A | Subpart A—Mandatory Analyses of Egg Products | § 94.4 Analytical methods. | AMS | [65 FR 64318, Oct. 26, 2000] | The majority of analytical methods used by the USDA laboratories to perform mandatory analyses for egg products are listed as follows: (a) Compendium Methods for the Microbiological Examination of Foods, Carl Vanderzant and Don Splittstoesser (Editors), American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005. (b) Edwards, P.R. and W.H. Ewing, Edwards and Ewing's Identification of Enterobacteriaceae, Elsevier Science, Inc., Regional Sales Office, 655 Avenue of the Americas, P.O. Box 945, New York, NY 10159-0945. (c) FDA Bacteriological Analytical Manual (BAM), AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417. (d) Manual of Analytical Methods for the Analysis of Pesticide Residues in Human and Environmental Samples, EPA 600/9-80-038, U.S. Environmental Protection Agency (EPA) Chemical Exposure Research Branch, EPA Office of Research and Development (ORD), 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (e) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417. (f) Standard Methods for the Examination of Dairy Products, American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005. (g) Standard Methods for the Examination of Water and Wastewater, American Public Health Association (APHA), the American Water Works Association (AWWA) and the Water Pollution Control Federation, AWWA Bookstore, 6666 West Quincy Avenue, Denver, CO 80235. (h) Test Methods for Evaluating Solid Waste Physical/Chemical Methods, Environmental Protection Agency, Office of Solid Waste, SW-846 Integrated Manual (available from National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161). (i) U.S. Food and Drug Administration, Pesticide Analytical Manuals (PAM), Volumes I and II, Food and Drug Administration, Center for Food Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Was… | |||
| 7:7:3.1.1.3.21.1.289.5 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | A | Subpart A—Mandatory Analyses of Egg Products | § 94.5 Charges for laboratory service. | AMS | The costs for analysis of mandatory egg product samples at Science and Technology Division laboratories shall be paid by annually appropriated and designated funds allocated to the egg products inspection program. The costs for any other mandatory laboratory analyses and testing of an egg product's identity and condition, necessitated by the Egg Products Inspection Act, shall also be paid by such program funding. | ||||
| 7:7:3.1.1.3.21.2.289.1 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | B | Subpart B—Voluntary Analyses of Egg Products | § 94.100 General. | AMS | Analyses for voluntary egg product samples may be requested to certify that specifications regarding stated identity, quality, and wholesomeness are met; to test routinely for the presence of Salmonella; and to ensure laboratory quality control with testing activities. | ||||
| 7:7:3.1.1.3.21.2.289.2 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | B | Subpart B—Voluntary Analyses of Egg Products | § 94.101 Definitions. | AMS | Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this part, unless the context requires otherwise, the following terms will be construed to mean: Certification sample. An egg product sample submitted by an applicant for chemical, physical, or microbiological analyses and tests at a Science and Technology Division laboratory. This voluntary sample is analyzed or tested by the Division's analyst or scientist to certify that an egg product lot meets applicable specifications for identity, quality, and wholesomeness. Surveillance sample. This is a 100 gram sample for Salmonella analysis that is drawn by the USDA egg product inspector from each lot of egg product processed at an official plant. This sample may be analyzed by a Science and Technology Division laboratory, or by a laboratory approved and recognized by the Division to analyze for Salmonella in egg products. Unofficial sample. These samples of egg products are drawn by plant personnel upon the request of plant management. Analyses of these samples are usually conducted for the plant's refractometer correlation, bacteriological evaluation of production techniques, or quality control of procedures. Official plant or Science and Technology Division laboratories can analyze these samples. | ||||
| 7:7:3.1.1.3.21.2.289.3 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | B | Subpart B—Voluntary Analyses of Egg Products | § 94.102 Analyses available. | AMS | A wide array of analyses for voluntary egg product samples is available. Voluntary egg product samples include surveillance, certification, and unofficial samples. The physical and chemical tests for voluntary egg products include analyses for total ash, fat by acid hydrolysis, moisture, salt, protein, beta-carotene, catalase, cholesterol, NEPA color, density, total solids, aflatoxin, daminozide and amitraz residues, BHA, BHT, alcohol, chlorinated hydrocarbon and fumigant residues, dextrin, heavy and light filth, glucose, glycerol and gums. In addition, egg products can be analyzed for high sucrose content, pH, heavy metals and minerals, monosodium dihydrogen phosphate, monosodium glutamate, nitrites, oxygen, palatability and odor, phosphorus, propylene glycol, SLS, and zeolex. There are also be tests for starch, total sugars, sugar profile, whey, standard plate count, direct microscopic count, Campylobacter, coliforms, presumptive Escherichia coli, Listeria monocytogenes, proteolytic count, psychrotrophic bacteria, Salmonella, Staphylococcus, thermoduric bacteria, and yeast with mold count. | ||||
| 7:7:3.1.1.3.21.2.289.4 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | B | Subpart B—Voluntary Analyses of Egg Products | § 94.103 Analytical methods. | AMS | The analytical methods used by the Science and Technology Division laboratories to perform voluntary analyses for egg products shall be the same as listed in § 94.4. | ||||
| 7:7:3.1.1.3.21.2.289.5 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | B | Subpart B—Voluntary Analyses of Egg Products | § 94.104 Fees and charges. | AMS | (a) The fee charged for any single laboratory analysis of voluntary egg product samples shall be obtained from the schedules of charges in paragraph (a) of § 91.37 of this subchapter. (b) The charge for any requested laboratory analysis not listed shall be based on the standard hourly rate specified in § 91.37, paragraph (b). | ||||
| 7:7:3.1.1.3.21.3.289.1 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | C | Subpart C—Salmonella Laboratory Recognition Program | § 94.200 [Reserved] | AMS | |||||
| 7:7:3.1.1.3.21.4.289.1 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | D | Subpart D—Processed Poultry Products | § 94.300 General. | AMS | Laboratory services of processed poultry products are conducted to derive their analytical attributes used to determine the compliance of the product with applicable specifications. | ||||
| 7:7:3.1.1.3.21.4.289.2 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | D | Subpart D—Processed Poultry Products | § 94.301 Definitions. | AMS | Words used in the regulations in this subpart in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this subpart, unless the context requires otherwise, the following terms will be construed to mean: Dark meat. Refers to the skinless and deboned drumstick, thigh, and back portions of poultry. Light meat. Refers to the skinless and deboned breast and wing portions of poultry. Poultry. Any kind of domesticated bird, including, but not limited to, chicken, turkey, duck, goose, pigeon, and guinea. Poultry product. Any ready-to-cook poultry carcass or part therefrom or any specified poultry food product. | ||||
| 7:7:3.1.1.3.21.4.289.3 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | D | Subpart D—Processed Poultry Products | § 94.302 Analyses available and locations of laboratories. | AMS | (a) The Science and Technology Division laboratories will analyze processed poultry products for moisture, fat, salt, protein, nitrites, and added citric acid. (b) Deboned poultry for roasting will have the individual dark meat, light meat, and skin portions tumbled separately in the natural juices prior to grinding. The skin, light meat, and dark meat portion weight percentages of the total product are determined. The ground skin, ground dark meat, and ground light meat portions will be analyzed separately for moisture, protein, salt, and fat. Moisture to protein ratios will be reported also for the individual portions of poultry. (c) Canned boned poultry for a variety of USDA programs will be tested as a total can composite of the canned product for moisture, fat, salt, and protein analyses. Additional poultry commodities and related products for specific USDA sponsored programs will be tested for different chemical and physical attributes. (d) Microbiological analyses, as the Salmonella determination, are available for poultry products. (e) The majority of analyses for processed poultry products shall be performed at the Science and technology Division Eastern Laboratory, as indicated in paragraph (e) of § 94.3. | ||||
| 7:7:3.1.1.3.21.4.289.4 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | D | Subpart D—Processed Poultry Products | § 94.303 Analytical methods. | AMS | [61 FR 51352, Oct. 2, 1996] | The analytical methods used by the USDA laboratories to perform analyses for processed poultry products are found in the latest edition of the Official Methods of Analysis of AOAC INTERNATIONAL, Suite 500, 481 North Frederick Avenue, Gaithersburg, MD 20877-2417. | |||
| 7:7:3.1.1.3.21.4.289.5 | 7 | Agriculture | I | E | 94 | PART 94—POULTRY AND EGG PRODUCTS | D | Subpart D—Processed Poultry Products | § 94.304 Fees and charges. | AMS | (a) The fee charged for any single laboratory analysis of processed poultry products shall be obtained from the schedules of charges in paragraph (a) of § 91.37 of this subchapter. (b) The laboratory analyses for processed poultry products shall result in an additional fee, found in Table 7 of § 91.37 of this subchapter, for sample preparation or grinding. (c) The charge for any requested laboratory analysis of processed poultry products not listed shall be based on the standard hourly rate specified in § 91.37 (b) of this subchapter. | ||||
| 9:9:1.0.1.4.35.0.74.1 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.0 Definitions. | APHIS | [52 FR 33801, Sept. 8, 1987] | As used in this part, the following terms shall have the meanings set forth in this section. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service, of the United States Department of Agriculture (APHIS.) APHIS-defined European CSF region. A single region of Europe recognized by APHIS as low risk for classical swine fever. (1) A list of areas included in the region is maintained on the APHIS website at https://www.aphis.usda.gov/animalhealth/disease-status-of-regions. Copies of the list are also available via postal mail or email upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737; AskRegionalization@usda.gov. (2) APHIS will add an area to the region after it conducts an evaluation of the area to be added in accordance with § 92.2 of this subchapter and finds that the risk profile for the area is equivalent with respect to classical swine fever to the risk profile for the region it is joining. APHIS-defined European Poultry Trade Region. A single region consisting of Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain (England, Scotland, and Wales), Greece, Hungary, Ireland (Republic of), Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Northern Ireland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. APHIS representative. An individual employed by Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to perform the function involved. Approved establishment means an establishment authorized by Veterinary Services for the receipt and handling of restricted imported animal carcasses, products, and byproducts. Authorized inspector. Any individual authorized by the A… | |||||
| 9:9:1.0.1.4.35.0.74.10 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.9 Pork and pork products from regions where classical swine fever exists. | APHIS | [37 FR 21149, Oct. 6, 1972] | (a) APHIS considers classical swine fever to exist in all regions of the world except those declared free of the disease by APHIS. (1) A list of regions that APHIS has declared free of classical swine fever is maintained on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737; AskRegionalization@usda.gov. (2) APHIS will add a region to the list of those it has declared free of classical swine fever after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in § 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of classical swine fever upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable. (b) The APHIS-defined European CSF region is a single region of low-risk for CSF. (c) Except as provided in § 94.31 for the APHIS-defined European CSF region, no fresh pork or pork product may be imported into the United States from any region where classical swine fever is known to exist unless it complies with the following requirements: 9 9 See also other provisions of this part and parts 93, 95, and 96 of this chapter, and part 327 of this title, for other prohibitions and restrictions upon the importation of swine and swin… | |||||
| 9:9:1.0.1.4.35.0.74.11 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.10 Swine from regions where classical swine fever exists. | APHIS | [71 FR 29070, May 19, 2006, as amended at 71 FR 31070, June 1, 2006; 72 FR 30470, June 1, 2007; 72 FR 67232, Nov. 28, 2007; 75 FR 69857, Nov. 16, 2010; 76 FR 70039, Nov. 10, 2011; 77 FR 1393, Jan. 10, 2012; 78 FR 72998, Dec. 4, 2013; 86 FR 45626, Aug. 16, 2021] | (a) APHIS considers classical swine fever to exist in all regions of the world except those declared free of the disease by APHIS. (1) A list of regions that APHIS has declared free of classical swine fever is maintained on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737; AskRegionalization@usda.gov. (2) APHIS will add a region to the list of those it has declared free of classical swine fever after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in § 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of classical swine fever upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable. (b) The APHIS-defined European CSF region is a single region of low-risk for CSF. (c) Except as provided in § 94.31 for the APHIS-defined European CSF region, no swine that are moved from or transit any region where classical swine fever is known to exist may be imported into the United States, except for wild swine imported into the United States in accordance with paragraph (d) of this section. (d) Wild swine may be allowed importation into the United States by the Administrator upon request in specific cases under § 93.501 or … | |||||
| 9:9:1.0.1.4.35.0.74.12 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.11 Restrictions on importation of meat and other animal products from specified regions. | APHIS | [38 FR 2752, Jan. 30, 1973] | (a) The meat of ruminants or swine, and other animal products, and ship stores, airplane meals, and baggage containing such meat or animal products originating in any region listed as provided in paragraph (a)(2) of this section may not be imported into the United States unless the requirements in this section, in addition to other applicable requirements of chapter III of this title, are met. However, meat and meat products that meet the requirements of § 94.4 do not have to comply with the requirements of this section. As used in this section, the term “other animal product” means all parts of the carcass of any ruminant or swine, other than meat and articles regulated under part 95 or part 96 of this chapter. (1) The regions listed under paragraph (a)(2) of this section have been declared free of foot-and-mouth disease by APHIS as provided in § 94.1(a) but supplement their national meat supply by the importation of fresh (chilled or frozen) meat of ruminants or swine from regions that APHIS considers to be affected with foot-and-mouth disease as provided in § 94.1(a); or have a common land border with regions considered to be affected with foot-and-mouth disease; or import ruminants or swine from regions considered to be affected with foot-and-mouth disease under conditions less restrictive than would be acceptable for importation into the United States. Thus, the meat may be commingled with the fresh (chilled or frozen) meat of animals from an affected region, resulting in an undue risk of introducing foot-and-mouth disease into the United States. (2) A list of regions whose products are regulated under this section is maintained on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverd… | |||||
| 9:9:1.0.1.4.35.0.74.13 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.12 Pork and pork products from regions where swine vesicular disease exists. | APHIS | [38 FR 20610, Aug. 2, 1973] | (a) APHIS considers swine vesicular disease to exist in all regions of the world except those declared free of the disease by APHIS. (1) A list of regions that APHIS has declared free of swine vesicular disease is maintained on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737; AskRegionalization@usda.gov. (2) APHIS will add a region to the list of those it has declared free of swine vesicular disease after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in § 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of swine vesicular disease upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable. (b) No pork or pork product may be imported into the United States from any region where swine vesicular disease is known to exist unless it complies with the following requirements and it is not otherwise prohibited importation into the United States under this part: (1) Such pork or pork product has been treated in accordance with one of the following procedures: (i) Such pork or pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling, but before such cooking, s… | |||||
| 9:9:1.0.1.4.35.0.74.14 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.13 Restrictions on importation of pork or pork products from specified regions. | APHIS | [38 FR 20611, Aug. 2, 1973] | (a) Pork or pork products and ship's stores, airplane meals, and baggage containing pork or pork products, other than those articles regulated under part 95 or part 96 of this chapter, produced in any region listed under paragraph (a)(2) of this section may not be imported into the United States unless the requirements of this section, in addition to other applicable requirements of part 327 of this title, are met. (1) The regions listed under paragraph (a)(2) of this section have been declared free of swine vesicular disease as provided in § 94.12(a) but supplement their national pork supply by the importation of fresh (chilled or frozen) meat of animals from regions where swine vesicular disease is considered to exist, or have a common border with such regions, or have trade practices that are less restrictive than are acceptable to the United States. Thus, the pork or pork products may be commingled with fresh (chilled or frozen) meat of animals from a region where swine vesicular disease is considered to exist, resulting in an undue risk of swine vesicular disease introduction into the United States. (2) A list of regions whose products are regulated under this section is maintained on the APHIS website at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions. Copies of the list are also available via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737; AskRegionalization@usda.gov. (3) APHIS will add a region to the list of those whose products are regulated under this section after conducting an evaluation of the region and determining that one or more of the circumstances listed in paragraph (a)(1) of this section exists. APHIS will remove a region from the list upon conducting an evaluation of the region and determining that the circumstances in paragraph (a)(1) of this secti… | |||||
| 9:9:1.0.1.4.35.0.74.15 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.14 Swine from regions where swine vesicular disease exists; importations prohibited. | APHIS | [54 FR 7395, Feb. 21, 1989, as amended at 55 FR 31558, Aug. 2, 1990; 59 FR 67134, Dec. 29, 1994; 62 FR 56023, Oct. 28, 1997; 77 FR 1394, Jan. 10, 2012] | (a) Swine vesicular disease is known to exist in all regions of the world except those listed under § 94.12(a) of this part. No swine which are moved from or transit any region in which swine vesicular disease is known to exist may be imported into the United States except wild swine imported in accordance with paragraph (b) of this section. (b) Wild swine may be allowed importation into the United States by the Administrator upon request in specific cases under § 93.501 or § 93.504(c) of this chapter. | |||||
| 9:9:1.0.1.4.35.0.74.16 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.15 Transit shipment of articles. | APHIS | [86 FR 68861, Dec. 3, 2021] | (a) Any meat or other animal product or material (excluding materials that are required to be consigned to USDA-approved establishments for further processing) eligible for entry into the United States, as provided in this part or in part 95 of this subchapter, may transit the United States by air and ocean ports and overland transportation if the articles are accompanied by the required documentation specified in this part and in part 95. (b) Any meat or other animal product or material not eligible for entry into the United States, as provided in this part or in part 95 of this subchapter, may transit air and ocean ports only, with no overland movement outside the airport terminal area or dock area of the maritime port, in the United States for immediate export if the conditions of paragraphs (b)(1) through (4) of this section are met. (1) The articles must be sealed in leakproof containers bearing serial numbers during transit. Each container must remain under either Customs seal or foreign government seal during the entire time that it is in the United States. (2) Before transit, the person moving the articles must notify, in writing, the authorized Customs inspector at both the place in the United States where the articles will arrive and the port of export. The notification must include the: (i) Times and dates of arrival in the United States; (ii) Times and dates of exportation from the United States; (iii) Mode of transportation; and (iv) Serial numbers of the sealed containers. (3) The articles must transit the United States under Customs bond. (4) The shipment is exported from the United States within 7 days of its entry. (c) Pork and pork products from Baja California, Baja California Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, and Yucatan, Mexico, that are not eligible for entry into the United States in accordance with this part may transit the United States via land border ports for immediate export if the following conditions of paragraphs (c)(1) through… | |||||
| 9:9:1.0.1.4.35.0.74.17 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.16 Milk and milk products. | APHIS | [40 FR 44123, Sept. 25, 1975] | (a) The following milk products are exempt from the provisions of this part: (1) Cheese, but not including cheese with liquid and not including cheese containing any item that is regulated by other sections of this part, unless such item is independently eligible for importation into the United States under this part; (2) Butter; and (3) Butteroil. (b) Milk and milk products originating in, or shipped from, any region where foot-and-mouth disease is considered to exist under § 94.1(a) may be imported into the United States if they meet the requirements of paragraphs (b)(1), (2), or (3) of this section: (1) They are in a concentrated liquid form and have been processed by heat by a commercial method in a container hermetically sealed promptly after filling but before such heating, so as to be shelf stable without refrigeration. (2) They are dry milk or dry milk products, including dry whole milk, nonfat dry milk, dried whey, dried buttermilk, and formulations which contain any such dry milk products, and are consigned directly to an approved establishment 14 for further processing in a manner approved by the Administrator, as adequate to prevent the introduction or dissemination of livestock diseases into the United States. However, in specific cases, upon request by the importer to the Administrator, and approval by the Administrator, they may be stored for a temporary period in an approved warehouse 14 under the supervision of an inspector of the Animal and Plant Health Inspection Service pending movement to an approved establishment. Such products shall be transported from the United States port of first arrival to an approved establishment 14 or an approved warehouse, 14 and from an approved warehouse 14 to an approved establishment 14 only under Department seals or seals of the U.S. Customs Service. Such seals shall be broken only by such an inspector or other person authorized to do so by the Administrator. Such products shall not be removed from the approved warehouse 14 or app… | |||||
| 9:9:1.0.1.4.35.0.74.18 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.17 Dry-cured pork products from regions where foot-and-mouth disease, African swine fever, classical swine fever, or swine vesicular disease exists. | APHIS | [52 FR 11625, Apr. 10, 1987] | Notwithstanding any other provisions in this part, dry-cured ham, pork shoulder, or pork loin, whether whole or sliced and packaged, shall not be prohibited from being imported into the United States if it meets the following conditions: (a) Except for Italian-type hams, Serrano hams, Iberian hams, Iberian pork shoulders, and Iberian pork loins that have been processed in accordance with paragraph (i) of this section, the dry-cured ham, pork shoulder, or pork loin came from a swine that was never out of the region in which the dry-cured ham, pork shoulder, or pork loin was processed; (b) The ham, pork shoulder, or pork loin came from a region determined by the Administrator, to have and to enforce laws requiring the immediate reporting to the national veterinary services in that region any premises found to have any animal infected with foot-and-mouth disease, African Swine fever, classical swine fever, or swine vesicular disease; (c) The ham, pork shoulder, or pork loin came from a swine that was not on any premises where foot-and-mouth disease, African swine fever, classical swine fever, or swine vesicular disease exists or had existed within 60 days prior to slaughter; (d) The whole ham, pork shoulder, or pork loin was accompanied from the slaughtering facility to the processing establishment by a numbered certificate issued by a person authorized by the government of the region of origin stating that the provisions of paragraphs (a) and (c) of this section have been met; (e) The ham, pork shoulder, or pork loin was processed whole as set forth in paragraph (i) of this section in only one processing establishment; 15 15 As a condition of entry into the United States, pork and pork products must also meet all of the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq. ) and regulations thereunder (9 CFR, chapter III), including requirements that the pork or pork products be prepared only in approved establishments. (f) The ham, pork shoulder, or pork loin was processed whole in a pro… | |||||
| 9:9:1.0.1.4.35.0.74.19 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.18 Bovine spongiform encephalopathy; importation of edible products derived from bovines. | APHIS | [78 FR 72998, Dec. 4, 2013, as amended at 86 FR 68862, Dec. 3, 2021] | (a) The importation of meat, meat products, and other edible products derived from bovines is prohibited with regard to BSE, except as provided in this section and in §§ 94.19, 94.20, 94.21, 94.22, and 94.23. (b) The following commodities derived from bovines may be imported into the United States without restriction regarding BSE, provided that all other applicable requirements of this part are met: (1) Milk and milk products; (2) Boneless skeletal muscle meat (excluding mechanically separated meat) that: (i) Is derived from bovines that were not, prior to slaughter, subjected to a pithing process or to stunning with a device injecting compressed air or gas into the cranial cavity, and that passed ante-mortem and post-mortem inspection; (ii) Has been prepared in a manner to prevent contamination with SRMs; and (iii) Is accompanied to the United States by an original certificate stating that the conditions of paragraphs (b)(2)(i) and (b)(2)(ii) of this section have been met. The certificate must be issued and signed by a full-time salaried veterinary officer of the national government of the exporting region or signed by a person authorized to issue such certificates by the veterinary services of the national government of the exporting region. | |||||
| 9:9:1.0.1.4.35.0.74.2 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.1 Regions where foot-and-mouth disease exists; importations prohibited. | APHIS | [30 FR 12118, Sept. 23, 1965] | (a) APHIS considers foot-and-mouth disease to exist in all regions of the world except those declared free of the disease by APHIS. (1) A list of regions that APHIS has declared free of foot-and-mouth disease is maintained on the APHIS website at https://www.aphis.usda.gov/animalhealth/disease-status-of-regions. Copies of the list can be obtained via postal mail upon request to Regionalization Evaluation Services, Strategy and Policy, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 38, Riverdale, Maryland 20737; AskRegionalization@usda.gov. (2) APHIS will add a region to the list of those it has declared free of foot-and-mouth disease after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in § 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of foot-and-mouth disease upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable. (b) The importation of any ruminant or swine or any fresh (chilled or frozen) meat of any ruminant or swine 1 that originates in any region where foot-and-mouth disease exists, as designated in paragraph (a) of this section, or that enters a port in or otherwise transits a region in which foot-and-mouth disease exists, is prohibited: 1 Importation of animals and meat includes bringing the animals or meat within the territorial limits of the United States on a means of conveyance for use as sea stores or for other purposes. (1) Except as provided in part 93 of this chapter for wild rumina… | |||||
| 9:9:1.0.1.4.35.0.74.20 | 9 | Animals and Animal Products | I | D | 94 | PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS | § 94.19 Importation of meat, meat byproducts, and meat food products derived from bovines from regions of negligible risk for BSE. | APHIS | [78 FR 72999, Dec. 4, 2013] | Meat, meat byproducts, and meat food products, as defined by FSIS in 9 CFR 301.2-except that those terms as applied to bison shall have a meaning comparable to those provided in 9 CFR 301.2 with regard to cattle, and other than boneless skeletal meat that meets the conditions of § 94.18(b)(2)—may be imported from a region of negligible risk for BSE, as defined in § 92.1 of this subchapter, if the following conditions and all other applicable requirements of this part are met: (a) The commodities were exported from a region of negligible risk for BSE. (b) If BSE has been diagnosed in one or more indigenous bovines in the region of negligible risk, the commodities were derived from bovines subject to a ban on the feeding to ruminants of meat-and-bone meal or greaves derived from ruminants. (c) The commodities were derived from bovines that passed ante-mortem and post-mortem inspections. (d) The commodities are accompanied by an original certificate stating that the exporting region is classified by APHIS as a region of negligible risk for BSE and that the conditions of paragraphs (a) through (c) of this section, as applicable, have been met. The certificate must be issued and signed by a full-time salaried veterinary officer of the national government of the exporting region, or signed by a person authorized to issue such certificates by the veterinary services of the national government of the exporting region. To be eligible to export meat, meat byproducts, and meat food products under the conditions of this section for human consumption, a region must also be one that has demonstrated to FSIS in accordance with 9 CFR 310.22 that its BSE risk status can reasonably be expected to provide the same level of protection from human exposure to the BSE agent as does prohibiting specified risk materials for use as human food in the United States. |
Advanced export
JSON shape: default, array, newline-delimited, object
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);