cfr_sections
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31 rows where part_number = 98 and title_number = 9 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 9:9:1.0.1.4.39.0.74.1 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | § 98.1 Prohibition. | APHIS | [50 FR 43563, Oct. 25, 1985. Redesignated at 56 FR 58808, Oct. 30, 1991] | An embryo shall not be imported or entered into the United States unless in accordance with the provisions of this part. | |||||
| 9:9:1.0.1.4.39.1.74.1 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.2 Definitions. | APHIS | [50 FR 43563, Oct. 25, 1985. Redesignated and amended at 56 FR 55808, Oct. 30, 1991; 57 FR 29194, July 1, 1992; 61 FR 17241, Apr. 19, 1996; 62 FR 56025, Oct. 28, 1997; 86 FR 68862, Dec. 3, 2021] | The following terms, when used in this subpart, shall be construed as defined. Those terms used in the singular form in this subpart shall be construed as the plural form and vice versa, as the case may demand. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal. Any cattle, sheep, goats, other ruminants, swine, horses, or asses. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). Approved artificial insemination center. A facility approved or licensed by the national government of the region in which the facility is located to collect and process semen under the general supervision of such government. Approved embryo transfer unit. A facility approved or licensed by the national government of the region in which the facility is located for the artificial insemination of donor dams or for conception as a result of artificial breeding by a donor sire and for collecting and processing embryos for export under the general supervision of such government. Department. The United States Department of Agriculture. Embryo. The initial stage of an animal's development after collection from the natural mother, while it is capable of being transferred to a recipient dam, but not including an embryo that has been transferred to a recipient dam. Enter (entered, entry) into the United States. To introduce into the commerce of the United States after release from governmental detention at the port of entry. Flock. A herd. Herd. All animals maintained on any single premises; and all animals under common ownership or supervision on two or more premises which are geographically separated, but among which there is an interchange or movement of animals. Import (imported, importation) into the United States. To bring into the territorial limits of the United States. Inspector. An employee of APHIS who is authorized to perform the f… | |||
| 9:9:1.0.1.4.39.1.74.10 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.10a Sheep and goat embryos and oocytes. | APHIS | [86 FR 68863, Dec. 3, 2021] | (a) Sheep and goat embryos or oocytes collected from donors located in, or originating from, regions recognized by APHIS as free of classical scrapie, or from a flock or herd having certified status in a scrapie flock certification program recognized by APHIS as acceptable, may be imported in accordance with §§ 98.3 through 98.8. In addition to the requirements of § 98.5, the health certificate must indicate that the embryos or oocytes were collected, processed, and stored in conformity with the requirements in § 98.3(g). (b) In vivo-derived sheep and goat embryos or oocytes collected from donors located in, or originating from, regions or flocks not recognized by APHIS as free of classical scrapie, may be imported in accordance with §§ 98.3 through 98.8 and the following conditions: (1) The embryos or oocytes must be accompanied by a health certificate meeting the requirements listed in § 98.5, and with the following additional certifications: (i) The embryos or oocytes were collected, processed and stored in conformity with the requirements in § 98.3(g). (ii) For in vivo-derived sheep embryos only: The embryo is of the genotype AAQR or AARR based on official testing of the parents or the embryo. (iii) Certificates for sheep embryos not of the genotype AAQR or AARR, and for all goat embryos, must contain the following additional certifications: (A) In the country or zone: ( 1 ) TSEs of sheep and goats are compulsorily notifiable to the national veterinary authority of the region; ( 2 ) A scrapie awareness, surveillance, monitoring, and control system is in place; ( 3 ) TSE-affected sheep and goats are killed and completely destroyed; and ( 4 ) The feeding to sheep and goats of meat-and-bone meal of ruminant origin has been banned and the ban is effectively enforced in the whole country. (B) The donor animals: ( 1 ) Have been kept since birth in flocks or herds where no case of scrapie had been confirmed during their residency; and ( 2 ) Are permanently identified to enable a traceback to their flock… | |||
| 9:9:1.0.1.4.39.1.74.2 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.3 General conditions. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 55 FR 31558, Aug. 2, 1990; 56 FR 55809, Oct. 30, 1991; 57 FR 29194, July 1, 1992; 62 FR 56025, Oct. 28, 1997; 77 FR 1396, Jan. 10, 2012; 83 FR 15494, Apr. 11, 2018; 86 FR 68863, Dec. 3, 2021] | Except as provided in subpart B of this part, an animal embryo shall not be imported into the United States unless it is from a region listed under § 94.1(a) of this chapter as being free of foot-and-mouth disease, and: (a) The embryo is exported to the United States from the region in which it was conceived; (b) The embryo was conceived as a result of artificial insemination with semen collected from a donor sire at an approved artificial insemination center, or the embryo as conceived as a result of natural breeding by a donor sire at an approved embryo transfer unit; (c) If artificially inseminated, the donor dam conceived the embryo after being inseminated in an approved embryo transfer unit with semen collected at an approved artificial insemination center; (d) At the time of collection of the semen used to conceive the embryo or at the time of natural breeding, the donor sire met all requirements the donor sire would have to meet under part 93 of this chapter for a health certificate required as a condition of importation into the United States; except that, for sheep and goats only, the donor sire must meet the scrapie requirements in § 98.35 instead of the requirements in § 93.435 of this chapter; (e) At the time of collection of the embryo from the donor dam, the donor dam met all requirements the donor dam would have to meet under part 93 of this chapter for a health certificate required as a condition of importation into the United States; except that, for sheep and goats only, the donor dam must meet the requirements for embryo donors in § 98.10(a) instead of the requirements in § 93.435 of this chapter; (f) There is no basis for denying an import permit for the donor sire or donor dam under § 93.304(a)(2) for horses, § 93.404(a)(3) or (4) for ruminants, and § 93.504(a)(2) or (3) for swine of this chapter; (g) The embryo is collected and maintained under conditions determined by the Administrator to be adequate to protect against contamination of the embryo with infectious animal disease or… | |||
| 9:9:1.0.1.4.39.1.74.3 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.4 Import permit. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 56 FR 55809, Oct. 30, 1991; 57 FR 29194, July 1, 1992; 59 FR 67616, Dec. 30, 1994; 62 FR 56025, Oct. 28, 1997; 86 FR 45629, Aug. 16, 2021; 86 FR 68863, Dec. 3, 2021] | (a) Except as provided in subpart B of this part, an animal embryo shall not be imported into the United States unless accompanied by an import permit issued by APHIS and unless imported into the United States within 14 days after the proposed date of arrival stated in the import permit. (b) An application for an import permit must be submitted to the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231. An application form for an import permit may be obtained from this staff. (c) The completed application shall include the following information: (1) The name and address of the person intending to export an embryo from the region of origin, (2) The name and address of the person intending to import an embryo, (3) The species, breed, and number of embryos to be imported, (4) The purpose of the importation, (5) The region in which the embryo is conceived, (6) The port of embarkation, (7) The mode of transportation, (8) The route of travel, (9) The port of entry in the United States, (10) The proposed date of arrival in the United States, (11) The name and address of the person to whom the embryo will be delivered in the United States, and (12) The measures to be taken to ensure that the embryo is collected and maintained under conditions adequate to protect against contamination of the embryo with infectious animal disease organisms. (d) Applications for a permit to import sheep and goat embryos and oocytes must include the flock identification number of the receiving flock and the premises or location identification number assigned in the APHIS National Scrapie Database; or, in the case of embryos or oocytes moving to a storage facility, the premises or location identification number must be included. (e) After receipt and review of the application by APHIS, an import permit indicating the applicable conditions under this subpart for importation into the United States shall be issued for the importation of embr… | |||
| 9:9:1.0.1.4.39.1.74.4 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.5 Health certificate. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 56 FR 55809, Oct. 30, 1991; 61 FR 15183, Apr. 5, 1996; 61 FR 17241, Apr. 19, 1996; 62 FR 56025, Oct. 28, 1997; 86 FR 68863, Dec. 3, 2021] | (a) Except as provided in subpart B of this part, an animal embryo shall not be imported into the United States unless it is accompanied by a certificate issued by a full-time salaried veterinary officer of the national government of the region of origin, or issued by a veterinarian designated or accredited by the national government of the region of origin and endorsed by a full-time salaried veterinary officer of the national government of the region of origin, representing that the veterinarian issuing the certificate was authorized to do so. The certificate shall state: (1) The dates, places, types, and results of all examinations and tests performed on the donor sire and donor dam as a condition for importation of the embryo, and the names and addresses of persons or laboratories conducting the examinations or tests, and a statement that any other requirements established by § 98.3 have been complied with, (2) The name and address of the consignor and consignee, (3) The name and address of the approved artificial insemination center where the semen for the embryo was collected, if applicable, (4) The name and address of the approved embryo transfer unit where the donor dam was inseminated or bred and the embryo was collected, and (5) The measures taken to ensure that the embryo was collected and maintained under conditions adequate to protect against contamination of the embryo with infectious animal disease organisms. (b) [Reserved] | |||
| 9:9:1.0.1.4.39.1.74.5 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.6 Ports of entry. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 55 FR 31558, Aug. 2, 1990; 62 FR 56025, Oct. 28, 1997] | An embryo shall not be imported into the United States unless at a port of entry listed in § 93.303 for horses, § 93.403 for ruminants, or § 93.503 for swine of this chapter. | |||
| 9:9:1.0.1.4.39.1.74.6 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.7 Declaration upon arrival. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 57 FR 29194, July 1, 1992; 62 FR 56025, Oct. 28, 1997] | Upon arrival of an embryo at a port of entry, the importer or the importer's agent shall notify APHIS of the arrival by giving an inspector a document stating: (a) The port of entry, (b) The date of arrival, (c) Import permit number, (d) Carrier, and identification of the means of conveyance, (e) The name and address of the importer, (f) The name and address of the broker, (g) The region of origin of the embryo, (h) The number, species, and purpose of importation of the embryo, and (i) The name and address of the person to whom the embryo will be delivered. | |||
| 9:9:1.0.1.4.39.1.74.7 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.8 Inspection. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 56 FR 55809, Oct. 30, 1991] | Any embryo offered for entry into the United States in accordance with this subpart and documents accompanying the embryo shall be subject to inspection by an inspector at the time the embryo is offered for entry in order to determine whether the embryo is eligible for entry. The import permit and the health certificate shall be given to the inspector. | |||
| 9:9:1.0.1.4.39.1.74.8 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.9 Embryos refused entry. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 56 FR 55809, Oct. 30, 1991; 57 FR 29194, July 1, 1992] | Any embryo refused entry into the United States for noncompliance with the requirements of this subpart shall be removed from the United States within a time period specified by the Administrator or abandoned by the importer for destruction, and pending such action shall be subject to such safeguards as the inspector determines necessary to prevent the possible introduction into the United States of infectious animal diseases. If such embryo is not removed from the United States within such time period, or abandoned for destruction, it may be seized, destroyed, or otherwise disposed of as the inspector determines necessary to prevent the possible introduction into the United States of infectious animal diseases. | |||
| 9:9:1.0.1.4.39.1.74.9 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | A | Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses | § 98.10 Other importations. | APHIS | [50 FR 43563, Oct. 25, 1985, as amended at 57 FR 29194, July 1, 1992] | Notwithstanding other provisions in this part, the Administrator may in specific cases allow the importation and entry into the United States of embryos other than as provided for in this part under such conditions as the Administrator may prescribe to prevent the introduction into the United States of infectious animal diseases. | |||
| 9:9:1.0.1.4.39.2.74.1 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.11 Definitions. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15183, Apr. 5, 1996; 62 FR 56025, Oct. 28, 1997; 78 FR 73008, Dec. 4, 2013] | Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Camelid. All species of the family Camelidae, including camels, guanacos, llamas, alpacas, and vicunas. Cervid. All members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species. Collection of embryos. Embryos removed from a single donor dam in one operation. Embryo. The initial stages of development of an animal, after collection from the natural mother and while it is capable of being transferred to a recipient dam, but not after it has been transferred to a recipient dam. Embryo collection unit. Area or areas where the donor dam will be bred to produce embryos for importation into the United States, and where the embryos will be collected, processed, and stored pending shipment to the United States. Foreign Animal Disease Diagnostic Laboratory. The Foreign Animal Disease Diagnostic Laboratory of the Animal and Plant Health Inspection Service. Herd of origin. The herd in which the donor dam is kept during the 60 days before the donor dam is required to be housed in an embryo collection unit, in accordance with § 98.17(a) of this subpart. Import. To bring into the territorial limits of the United States. Inspector. An employee of the Animal and Plant Health Inspection Service who is authorized to perform the function involved. Official veterinarian. A full-time salaried veterinarian of the national government of the country of origin or a veterinarian employed by the Animal and Plant Health Inspection Service (APHIS), and designated by APHIS to supervise or conduct procedures required by this subpart, and to certify that requirements of this subpart have been met. Person. Any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity. Region. Any defined geographic land area identifiable by geological, political, or surveyed boundaries. A re… | |||
| 9:9:1.0.1.4.39.2.74.10 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.20 Embryos refused entry. | APHIS | If any embryos are determined to be ineligible for importation into the United States upon arrival at the port of entry, the importer must remove the embryos from the United States within 30 days, or the embryos will be destroyed. | ||||
| 9:9:1.0.1.4.39.2.74.11 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.21 Embryos from sheep in regions other than Australia, Canada, and New Zealand. | APHIS | [61 FR 17242, Apr. 19, 1996] | Except for embryos from sheep in Australia, Canada, or New Zealand, embryos from sheep may only be imported into the United States if they comply with all applicable provisions of this subpart and with § 98.10a. | |||
| 9:9:1.0.1.4.39.2.74.2 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.12 General prohibitions. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15183, Apr. 5, 1996; 62 FR 56025, Oct. 28, 1997; 83 FR 15494, Apr. 11, 2018] | (a) Ruminant and swine embryos may not be imported from regions where foot-and-mouth disease exists except in accordance with this subpart. (b) Ruminant and swine embryos may not be imported into the United States from any region other than the region in which they were conceived and collected. | |||
| 9:9:1.0.1.4.39.2.74.3 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.13 Import permit. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 59 FR 67616, Dec. 30, 1994; 61 FR 15183, Apr. 5, 1996; 62 FR 56025, Oct. 28, 1997; 83 FR 15494, Apr. 11, 2018; 86 FR 45629, Aug. 16, 2021; 86 FR 68864, Dec. 3, 2021] | (a) Ruminant and swine embryos and all test samples required by this subpart may be imported into the United States from regions where foot-and-mouth disease exists only if accompanied by import permits issued by the Animal and Plant Health Inspection Service (APHIS). (b) An application for the import permits must be submitted to the Animal and Plant Health Inspection Service, Veterinary Services, Strategy and Policy, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231. Application forms also may be obtained at this same address. The application for a permit to import embryos will also serve as the application for a permit to import test samples for those embryos; separate applications are not required. The application must include the following information: (1) The name and address of the exporter; (2) The name and address of the importer; (3) The name and address of the place where the donor dam will be bred and where the embryo(s) will be collected; (4) The species, breed, and number of embryos to be imported; (5) The purpose of the importation; (6) The port of embarkation; (7) The mode of transportation; (8) The route of travel; (9) The port of entry in the United States; (10) The proposed date of arrival in the United States; and (11) The name and address of the person to whom the embryos will be delivered in the United States. (c) Applications for a permit to import sheep and goat embryos and oocytes must include the flock identification number of the receiving flock and the premises or location identification number assigned in the APHIS National Scrapie Database; or, in the case of embryos or oocytes moving to a storage facility, the premises or location identification number must be included. | |||
| 9:9:1.0.1.4.39.2.74.4 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.14 Health certificate. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15183, Apr. 5, 1996; 61 FR 17242, Apr. 19, 1996; 62 FR 56025, Oct. 28, 1997] | (a) Ruminant and swine embryos shall not be imported into the United States unless they are accompanied by a certificate issued by a full-time salaried veterinary officer of the national government of the region of origin, or issued by a veterinarian designated or accredited by the national government of the region of origin and endorsed by a full-time salaried veterinary officer of the national government of the region of origin, representing that the veterinarian issuing the certificate was authorized to do so. (b) The health certificate must state: (1) The name and address of the place where the embryos were collected; (2) The name and address of the veterinarian who collected the embryos; (3) The date of embryo collection; (4) The identification and breed of the donor dam and donor sire; (5) The number of ampules or straws covered by the health certificate and the identification number or code on each ampule or straw; (6) The dates, types, and results of all examinations and tests performed on the donor dam and donor sire as a condition for importing the embryos; (7) The dates and results of all tests performed on unfertilized eggs, nontransferrable embryos, and embryo collection and wash fluids; (8) The names and addresses of the consignor and consignee; (9) That the embryos are being imported into the United States in accordance with subpart B of 9 CFR part 98. (c) If any of the information required by paragraph (b) of this section is provided in code, deciphering information must be attached to the health certificate. (d) The health certificate accompanying sheep or goat embryos intended for importation from any part of the world shall, in addition to the statements required by paragraph (b) of this section, state that: (1) The embryos' sire and dam have not been in any flock or herd nor had contact with sheep or goats which have been in any flock or herd where scrapie has been diagnosed or suspected during the 5 years prior to the date of collection of the embryos; (2) The embryos' sire and … | |||
| 9:9:1.0.1.4.39.2.74.5 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.15 Health requirements. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15183, Apr. 5, 1996; 62 FR 56025, Oct. 28, 1997; 68 FR 16940, Apr. 7, 2003; 78 FR 73008, Dec. 4, 2013; 83 FR 15494, Apr. 11, 2018; 86 FR 68864, Dec. 3, 2021] | Ruminant and swine embryos may be imported from a region where foot-and-mouth disease exists only if all of the following conditions are met: (a) The donor dam is determined to be free of communicable diseases based on tests, examinations, and other requirements, as follows: (1) During the year before embryo collection, no case of the following diseases occurred in the embryo collection unit or in any herd in which the donor dam was present: (i) Ruminant: Contagious bovine pleuropneumonia, foot-and-mouth disease, Rift Valley fever, or vesicular stomatitis; or (ii) Swine: African swine fever, foot-and-mouth disease, classical swine fever, pseudorabies, swine vesicular disease, or vesicular stomatitis. (2) During the year before embryo collection, no case of the following diseases occurred within 5 kilometers of the embryo collection unit or in any herd in which the donor dam was present: (i) Ruminant: Contagious bovine pleuropneumonia, foot-and-mouth disease, Rift Valley fever, or vesicular stomatitis; or (ii) Swine: African swine fever, foot-and-mouth disease, classical swine fever, pseudorabies, swine vesicular disease, or vesicular stomatitis. (3) During the 60 days before embryo collection, the donor dam did not receive a vaccination for foot-and-mouth disease. (4) During the 60 days before the donor dam was required to be in the embryo collection unit, in accordance with § 98.17(a) of this subpart, the donor dam remained in the same herd, and no ruminants or swine were added to that herd. (5)(i) On the day of embryo collection, and again not less than 30 days nor more than 120 days afterward, one sample of at least 10 ml of serum was collected from the donor dam, frozen, and sent to the Foreign Animal Disease Diagnostic Laboratory for testing. (ii) The donor dam was determined to be free of foot-and-mouth disease based upon tests of the pair of serum samples. In addition, if any of the following diseases exist in the region of origin, the donor dam was determined to be free of these diseases based … | |||
| 9:9:1.0.1.4.39.2.74.6 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.16 The embryo collection unit. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15184, Apr. 5, 1996; 62 FR 56025, Oct. 28, 1997; 83 FR 15494, Apr. 11, 2018] | Ruminant and swine embryos may be imported into the United States from a region where foot-and-mouth disease exists only if they were conceived, collected, processed, and stored prior to importation at an embryo collection unit. The embryo collection unit may be located on the premises where the donor dam's herd of origin is kept, or at any other location, provided that the embryo collection unit has been inspected and approved by an APHIS veterinarian and that the following requirements are met: (a) Animal holding and breeding area(s). The embryo collection unit must have an area or areas for holding the donor dams and for breeding them (either natural breeding or artificial insemination). (b) Embryo collection area. The embryo collection must have a room or outdoor area for collection of embryos that contains a device or devices for restraining embryo donors during embryo collection. If a room, the floor, walls, and ceiling must be impervious to moisture and constructed of materials that can withstand repeated cleaning and disinfection. If an outdoor area, the area must have a floor that is impervious to moisture and is constructed of materials that can withstand repeated cleaning and disinfection. If the outdoor area also has walls or a roof, the walls or roof also must be impervious to moisture and be constructed of materials that can withstand repeated cleaning and disinfection. (c) Embryo processing area. The embryo collection unit must have an enclosed room, which may be mobile, that is used only for processing embryos. The walls, floor, and ceiling of the room must be impervious to moisture and constructed of materials that can withstand repeated cleaning and disinfection. The room must contain a work surface for handling the embryos, such as a table or countertop that is impervious to moisture. The room also must contain a microscope with a minimum of 50x magnification, and equipment for freezing the embryos. (d) Embryo storage area. The embryo collection unit must have one lockable area th… | |||
| 9:9:1.0.1.4.39.2.74.7 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.17 Procedures. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 61 FR 15184, Apr. 5, 1996; 62 FR 56026, Oct. 28, 1997] | (a) Housing of the donor dam. (1) Beginning at least 24 hours before a donor dam is bred to produce embryos for importation to the United States, the donor dam must be housed at an embryo collection unit. (2) The donor dam must remain at the embryo collection unit until the embryos for importation into the United States have been collected. (3) After collection of embryos, the donor dam must either remain at the embryo collection unit or be returned to the herd of origin and remain there until all examinations and tests required by this subpart have been completed. (4) During the time the donor dam is in the embryo collection unit, in accordance with paragraphs (a)(1) through (a)(3) of this section, no animals may be in the embryo collection unit with the donor dam unless: (i) They meet the requirements of § 98.15 of this subpart that are applicable to the donor dam at that time; (ii) They are part of the donor dam's herd of origin; or (iii) They are serving as donor sires for the production of embryos to be imported into the United States. (b) Oversight and supervision. (1) All procedures associated with the production of embryos for importation into the United States, including artificial insemination, natural breeding, and cleaning and disinfection, must be performed under the oversight of an APHIS veterinarian. Collecting test samples, and collecting, processing, and storing embryos, must be supervised in person by an APHIS veterinarian. (2) Officials from the Animal and Plant Health Inspection Service must be given access to all areas of the embryo collection unit and the donor dam's herd of origin during the time the donor dam is housed there, in accordance with paragraphs (a)(1) through (a)(3) of this section. (c) Personnel. All personnel must put on clean outer garments, including disinfected boots, and must scrub their hands with soap and water each time they enter the embryo collection unit and before entering any room or area listed in § 98.16 of this subpart. (d) Cleaning, disinfectio… | |||
| 9:9:1.0.1.4.39.2.74.8 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.18 Shipment of embryos to the United States. | APHIS | [56 FR 55809, Oct. 30, 1991, as amended at 62 FR 56026, Oct. 28, 1997] | (a) Release from the embryo collection unit. Except as provided in § 98.17(h)(1) of this subpart, embryos may not be moved from the embryo collection unit until all tests and examinations required by this subpart have been completed and the Import-Export Animals Staff, Veterinary Services, APHIS, has received written notification of all test results from the Foreign Animal Disease Diagnostic Laboratory. (b) Route. The sealed shipping containers must be routed directly to the U.S. port of entry designated on the import permit. (c) Ports of entry. The embryos may be imported into the United States only through a port of entry listed in § 93.203(a) of this chapter. (d) Date of arrival in the United States. Embryos that arrive at the port of entry more than 14 days after the proposed date of arrival stated in the import permit will not be eligible for importation into the United States. | |||
| 9:9:1.0.1.4.39.2.74.9 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | B | Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists | § 98.19 Arrival and inspection at the port of entry. | APHIS | (a) Upon arrival at the port of entry, the importer or the importer's agent must present an inspector at the port with the original health certificate and the original import permit for the embryos. (b) The shipping container and all straws or ampules containing embryos must be made available to an inspector at the port of entry for inspection, and may not be removed from the port of entry until an inspector determines that the embryos are eligible for entry in accordance with this subpart and releases them. | ||||
| 9:9:1.0.1.4.39.3.74.1 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.30 Definitions. | APHIS | [55 FR 31558, Aug. 2, 1990. Redesignated at 56 FR 55809, Oct. 30, 1991; 61 FR 17242, Apr. 19, 1996; 62 FR 56026, Oct. 28, 1997; 65 FR 56777, Sept. 20, 2000; 71 FR 29071, May 19, 2006; 72 FR 67233, Nov. 28, 2007; 76 FR 70039, Nov. 10, 2011; 77 FR 1396, Jan. 10, 2012; 86 FR 68864, Dec. 3, 2021] | Whenever in this subpart of the following terms are used, unless the context otherwise requires, they shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspection Service or any other employee of the Animal and Plant Health Inspection Service, United States Department of Agriculture, to whom authority has been or may be delegated to act in the Administrator's stead. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service.) Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, zebras, and poultry. Cattle. Animals of the bovine species. Communicable disease. Any contagious, infectious, or communicable disease of domestic livestock, poultry or other animals. Department. The United States Department of Agriculture (USDA). Establishment. The premises in which animals are kept. Flock. A herd. Herd. All animals maintained on any single premises; and all animals under common ownership or supervision on two or more premises which are geographically separated, but among which there is an interchange or movement of animals. Horses. Horses, asses, mules, and zebras. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Port veterinarian. A veterinarian employed by the Animal and Plant Health Inspection Service to perform duties required under this part at a port of entry. Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys (including eggs for hatching). Region. Any defined geographic land area identifiable by geological, political, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, parish, Province, State, etc.) (3) Parts of several national entities co… | |||
| 9:9:1.0.1.4.39.3.74.2 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.31 General prohibitions; exceptions. | APHIS | [55 FR 31558, Aug. 2, 1990. Redesignated at 56 FR 55809, Oct. 30, 1991, and amended at 58 FR 37643, July 13, 1993; 59 FR 26596, May 23, 1994; 62 FR 56026, Oct. 28, 1997] | (a) No product subject to the provisions of this subpart shall be brought into the United States except in accordance with the regulations in this subpart and part 94 of this subchapter; nor shall any such product be handled or moved after physical entry into the United States before final release from quarantine or any other form of governmental detention except in compliance with such regulations; Provided, That, except as prohibited by section 306 of the Act of June 17, 1930, as amended (19 U.S.C. 1306), the Administrator may upon request in specific cases permit products to be brought into or through the United States under such conditions as he or she may prescribe, when he or she determines in the specific case that such action will not endanger the livestock or poultry of the United States. (b) Animal semen may not be imported into the United States from any region other than the region in which it was collected. | |||
| 9:9:1.0.1.4.39.3.74.3 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.32 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; unloading, cleaning, and disinfection requirements. | APHIS | [55 FR 31558, Aug. 2, 1990. Redesignated at 56 FR 55809, Oct. 30, 1991; 62 FR 56026, Oct. 28, 1997; 68 FR 6345, Feb. 7, 2003] | (a) Inspection: All aircraft and other means of conveyance (including shipping containers thereon) moving into the United States from any foreign region are subject to inspection without a warrant by properly identified and designated inspectors to determine whether they are carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Secretary of Agriculture for prevention of the introduction or dissemination of any communicable animal disease. (b) Unloading requirements: Whenever in the course of any such inspection at any port in the United States the inspector has reason to believe that the means of conveyance or container is contaminated with material of animal (including poultry) origin, such as, but not limited to, meat, organs, glands, extracts, secretions, fat, bones, blood, lymph, urine, or manure, so as to present a danger of the spread of any communicable animal disease, the inspector may require the unloading of the means of conveyance and the emptying of the container if he or she deems it necessary to enable him or her to determine whether the means of conveyance or container is in fact so contaminated. The principal operator of the means of conveyance and his or her agent in charge of the means of conveyance shall comply with any such requirement under the immediate supervision of, and in the time and manner prescribed by, the inspector. (c) Cleaning and disinfection: Whenever, upon inspection under this section, an inspector determines that a means of conveyance or shipping container is contaminated with material of animal origin so as to present a danger of the spread of any communicable animal disease, he or she shall notify the principal operator of the means of conveyance or his or her agent in charge, of such determination and the requirements under this section. The person so notified shall cause the cleaning and disinfection of such means of conveyance and container under the immediate supervision of, and in the t… | |||
| 9:9:1.0.1.4.39.3.74.4 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.33 Ports designated for the importation of certain animal semen. | APHIS | [55 FR 31558, Aug. 2, 1990. Redesignated at 56 FR 55809, Oct. 30, 1991, and amended at 58 FR 37643, July 13, 1993; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, May 11, 1995; 64 FR 23179, Apr. 30, 1999; 65 FR 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002] | (a) Air and ocean ports. The following air and ocean ports are designated as having inspection facilities for the entry of animal semen: Los Angeles, California; Miami, Florida; and Newburgh, New York. (b) Canadian border ports. The following land border ports are designated as having inspection facilities for the entry of animal semen from Canada: Eastport, Idaho; Houlton and Jackman, Maine; Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, Minnesota; Opheim, Raymond, and Sweetgrass, Montana; Alexandria Bay, Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North Dakota; Derby Line and Highgate Springs, Vermont; Oroville and Sumas, Washington. (c) Mexican border ports. The following land border ports are designated as having inspection facilities for the entry of animal semen from Mexico: Douglas, Naco, Nogales, San Luis, and Sasabe, Arizona; Calexico and San Ysidro, California; Antelope Wells, Columbus, and Santa Teresa, New Mexico; Brownsville, Del Rio, Eagle Pass, El Paso, Hidalgo, Laredo, and Presidio, Texas. (d) Limited ports. The following limited ports are designated as having inspection facilities for the entry of animal semen: Anchorage and Fairbanks, Alaska; San Diego, California; Jacksonville, St. Petersburg-Clearwater, and Tampa, Florida; Atlanta, Georgia; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana; Portland, Maine; Baltimore, Maryland; Boston, Massachusetts; International Falls and Minneapolis, Minnesota; Great Falls, Montana; Portland, Oregon; San Juan, Puerto Rico; Memphis, Tennessee; Galveston and Houston, Texas; Seattle, Spokane, and Tacoma, Washington. (e) Designation of other ports. The Secretary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be designated as quarantine stations under this section by the Administrator, with the concurrence of the Secretary of the Treasury. | |||
| 9:9:1.0.1.4.39.3.74.5 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.34 Import permits for poultry semen and animal semen. | APHIS | [55 FR 31558, Aug. 2, 1990. Redesignated at 56 FR 55809, Oct. 30, 1991, as amended at 58 FR 37644, July 13, 1993; 59 FR 26596, May 23, 1994; 62 FR 56026, Oct. 28, 1997; 68 FR 16940, Apr. 7, 2003; 72 FR 64128, Nov. 15, 2007; 83 FR 15494, Apr. 11, 2018] | (a) Application for permit; reservation required. (1) For poultry semen and animal semen, intended for importation from any part of the world, except as otherwise provided for in § 98.36, the importer shall first apply for and obtain from APHIS an import permit. The application shall specify the name and address of the importer; the species, breed, quantity of animal semen to be imported; the purpose of the importation; individual animal identification (except poultry) which includes a description of the animal, name, age, markings, if any, registration number, if any, and tattoo or eartag; the region of origin; the name and address of the exporter; the port of embarkation in the foreign region; the mode of transportation, route of travel, and the port of entry in the United States; the proposed date of arrival of the animal semen to be imported; and the name of the person to whom the animal semen will be delivered and the location of the place in the United States to which delivery will be made from the port of entry. Additional information may be required in the form of certificates concerning specific diseases to which the animals are susceptible, as well as vaccinations or other precautionary treatments to which the animals or animal semen have been subjected. Notice of any such requirements will be given to the applicant in each case. (2) An application for permit to import will be denied for semen from ruminants or swine from any region where it has been declared, under section 306 of the Act of June 17, 1930, that foot-and-mouth disease has been determined to exist, except as provided in paragraph (c) of this section. (3) An application for permit to import poultry semen or animal semen may also be denied because of: Communicable disease conditions in the area or region of origin, or in a region through which the shipment has been or will be transported; deficiencies in the regulatory programs for the control or eradication of animal diseases and the unavailability of veterinary services in the above m… | |||
| 9:9:1.0.1.4.39.3.74.6 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.35 Declaration, health certificate, and other documents for animal semen. | APHIS | [55 FR 31558, Aug. 2, 1990. Redesignated at 56 FR 55809, Oct. 30, 1991, as amended at 58 FR 37644, July 13, 1993; 61 FR 15184, Apr. 5, 1996; 61 FR 17242, Apr. 19, 1996; 62 FR 56026, Oct. 28, 1997; 65 FR 56777, Sept. 20, 2000; 72 FR 64128, Nov. 15, 2007; 86 FR 68864, Dec. 3, 2021] | (a) The certificates, declarations, and affidavits required by the regulations in this subpart shall be presented by the importer or his or her agent to the collector of customs at the port of entry, upon arrival of animal semen at such port, for the use of the veterinary inspector at the port of entry. (b) For all animal semen offered for importation, the importer or his or her agent shall first present two copies of a declaration which shall list the port of entry, the name and address of the importer, the name and address of the broker, the origin of the animal semen, the number, breed, species, and purpose of the importation, the name of the person to whom the animal semen will be delivered, and the location of the place to which such delivery will be made. (c) All animal semen intended for importation into the United States shall be accompanied by a health certificate issued by a full-time salaried veterinary officer of the national government of the region of origin, or issued by a veterinarian designated or accredited by the national government of the region of origin and endorsed by a full-time salaried veterinary officer of the national government of the region of origin, representing that the veterinarian issuing the certificate was authorized to do so. (d) The health certificate must state: (1) The name and address of the place where the semen was collected; (2) The name and address of the veterinarian who supervised the collection of the semen; (3) The date of semen collection; (4) The identification and breed of the donor animal; (5) The number of ampules or straws covered by the health certificate and the identification number or code on each ampule or straw; (6) The dates, types, and results of all examinations and tests performed on the donor animal as a condition for importing the semen; (7) The seal number on the shipping container; (8) The names and addresses of the consignor and consignee; and (9) That the semen is being imported into the United States in accordance with subpart C … | |||
| 9:9:1.0.1.4.39.3.74.7 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.36 Animal semen from Canada. | APHIS | [65 FR 56778, Sept. 20, 2000] | (a) General importation requirements for animal semen from Canada. (b) Importation requirements for animal semen other than equine, sheep, or goat semen from Canada. | |||
| 9:9:1.0.1.4.39.3.74.8 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.37 [Reserved] | APHIS | |||||
| 9:9:1.0.1.4.39.3.74.9 | 9 | Animals and Animal Products | I | D | 98 | PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN | C | Subpart C—Certain Animal Semen | § 98.38 Restrictions on the importation of swine semen from the APHIS-defined European CSF region. | APHIS | [71 FR 29072, May 19, 2006, as amended at 72 FR 67233, Nov. 28, 2007; 76 FR 70040, Nov. 10, 2011; 77 FR 1396, Jan. 10, 2012; 77 FR 74558, Dec. 17, 2012] | In addition to meeting all other applicable provisions of this part, swine semen imported from the APHIS-defined European CSF region, as defined in § 94.0 of this subchapter, must meet the following conditions: (a) The semen must come from a semen collection center approved for export by the competent veterinary authority. (b) The semen must not have been collected from a donor boar that was in any of the following regions or zones, unless the semen was collected after the periods described: (1) Any region when the region was classified under §§ 94.9(a) and 94.10(a) of this chapter as a region in which classical swine fever is known to exist, except for the APHIS-defined European CSF region; (2) A restricted zone in the APHIS-defined European CSF region established because of the detection of classical swine fever in domestic swine, from the time of detection until the designation of the zone as a restricted zone is removed by the competent veterinary authority or until 6 months following depopulation of the swine on affected premises in the restricted zone and the cleaning and disinfection of the last affected premises in the zone, whichever is later; or (3) A restricted zone in the APHIS-defined European CSF region established because of the detection of classical swine fever in wild boar, from the time of detection until the designation of the zone as a restricted zone is removed by the competent veterinary authority. (c) The semen must not have been collected from a donor boar that was commingled with swine that at any time were in any of the regions or zones described in paragraphs (b)(1) through (b)(3) of this section, unless the semen was collected after the periods described. (d) The semen must not have been collected from a donor boar that transited any region or zone described in paragraphs (b)(1) through (b)(3) of this section during the periods described, unless the donor boar was moved directly through the region or zone in a sealed means of conveyance with the seal determined to be intact upo… |
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