9 CFR 94.9 - Pork and pork products from regions where classical swine fever exists.

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§ 94.9 Pork and pork products from regions where classical swine fever exists.
(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 Web site at http://www.aphis.usda.gov/import_export/animals/animal_disease_status.shtml. Copies of the list will also be available via postal mail, fax, or email upon request to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737.
(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 § 94.24 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

Footnote(s):
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 swine products.

(1) Such pork or pork product has been treated in accordance with one of the following procedures:
(i) Such pork and pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling but before such cooking, so that such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigeration;
(ii) Such pork or pork product is in compliance with the following requirements:
(A) All bones were completely removed prior to cooking; and
(B) Such pork or pork product was heated by other than a flash-heating method to an internal temperature of 69 °C. (156 °F.) throughout;
(iii) Such pork or pork product is in compliance with the following requirements:
(A) All bones have been completely removed in the region of origin, and
(B) The meat has been held in an unfrozen, fresh condition for at least 3 days immediately following the slaughter of the animals from which it was derived, and
(C) The meat has been thoroughly cured and fully dried for a period of not less than 90 days so that the product is shelf stable without refrigeration: Provided, That the period of curing and drying shall be 45 days if the pork or pork product is accompanied to the processing establishment by a certificate of an official of the national government of a classical swine fever free region which specifies that:
(1) The pork involved originated in that region and the pork or pork product was consigned to a processing establishment in ______ (a region not listed under paragraph (a) of this section as free of classical swine fever), in a closed container sealed by the national veterinary authorities of the classical swine fever free region by seals of a serially numbered type; and
(2) The numbers of the seals used were entered on the meat inspection certificate of the classical swine fever free region which accompanied the shipment from such free region: And, provided further, That the certificate required by paragraph (c)(3) of this section also states that: The container seals specified in paragraph (c)(1)(iii)(C)(1) of this section were found intact and free of any evidence of tampering on arrival at the processing establishment by a national veterinary inspector; and the processing establishment from which the pork or pork product is shipped to the United States does not receive or process any live swine, and uses only pork or pork product which originates in regions listed under paragraph (a) of this section as free of classical swine fever and processes all such pork or pork products in accordance with paragraph (c)(1)(i), (ii), or (iii) of this section; or
(iv) Pork rind pellets (pork skins) originating in regions where classical swine fever is known to exist may be imported into the United States provided they have been cooked in one of the following ways:
(A) One-step process. The pork skins must be cooked in oil for at least 80 minutes when oil temperature is consistently maintained at a minimum of 114 °C.
(B) Two-step process. The pork skins must be dry-cooked at a minimum of 260 °C for approximately 210 minutes after which they must be cooked in hot oil (deep-fried) at a minimum of 104 °C for an additional 150 minutes.
(2) Articles under paragraph (c)(1)(ii), (iii), or (iv) of this section were prepared in an inspected establishment that is eligible to have its products imported into the United States under the Federal Meat Inspection Act and § 327.2 of this title; and,
(3) In addition to the foreign meat inspection certificate required by § 327.4 of this title, pork and pork products prepared under paragraph (c)(1)(ii), (iii), or (iv) of this section shall be accompanied by a certificate that states that the provisions of paragraph (c)(1)(ii), (iii), or (iv) of this section have been met. This certificate shall be issued by an official of the national government of the region of origin who is authorized to issue the foreign meat inspection certificate required by § 327.4 of this title. 10 Upon arrival of the pork or pork products in the United States, the certificate must be presented to an authorized inspector at the port of arrival.

Footnote(s):
10 The certification required may be placed on the foreign meat inspection certificate prescribed by § 327.4 of this title or may be contained in a separate document.

(4) Small amounts of pork or pork product, subject to the restrictions in this section, may in specific cases be imported for purposes of examination, testing, or analysis if the importer applies for and receives written approval for such importation from the Administrator. Approval will be granted only when the Administrator determines that the articles have been processed by heat in a manner so that such importation will not endanger the livestock of the United States.
(d) Thoroughly cured and fully dried pork and pork products from regions where both classical swine fever and swine vesicular disease are known or considered to exist need not comply with paragraph (c)(1)(iii) of this section if they are in compliance with the provisions of § 94.12(b)(1)(iii) of this part.
(e) Uncooked pork or pork products that originated in a region considered to be free of classical swine fever (CSF) and are processed in a region where CSF exists may be imported into the United States under the following conditions:
(1) Shipment to approved establishments. (i) The uncooked pork or pork products must be shipped from the CSF-free region of origin in closed containers sealed with serially numbered seals applied by an official of the national government of that region. They must be accompanied by a certificate that is signed by an official of that region's national government and that specifies the product's region of origin, the name and number of the establishment of origin, and the processing establishment to which the uncooked pork or pork products are consigned, and the numbers of the seals applied to the shipping containers.
(ii) The uncooked pork or pork products may be removed from containers at the processing establishment in the region where CSF is considered to exist only after an official of that region's national government has determined that the seals are intact and free of any evidence of tampering.
(2) Handling of uncooked pork and pork products. Establishments 11 in regions where CSF is considered to exist that process uncooked pork or pork products for export to the United States:

Footnote(s):
11 See footnote 9.

(i) May not receive or handle any live swine;
(ii) May not receive, handle, or process uncooked pork or pork products that originate in regions affected with CSF;
(iii) Must keep the certificate required by paragraph (e)(1)(i) of this section on file at the facility for a period of at least 2 years after export of processed products to the United States, and must make those records available to USDA inspectors during inspections; and
(iv) Must be evaluated and approved by APHIS through a site inspection.
(3) Compliance agreement. The operators of the processing establishment must sign a compliance agreement with APHIS, stating that:
(i) All meat processed for importation to the United States will be processed in accordance with the requirements of this part; and
(ii) A full-time, salaried meat inspection official of the national government of the region in which the processing facility is located will supervise the processing and examination of the product, and certify that it has been processed in accordance with this section; and
(iii) APHIS personnel or other persons authorized by the Administrator may enter the establishment, unannounced, to inspect the establishment and its records.
(4) Cooperative service agreement. The processing establishment, or a party on its behalf, must enter into a cooperative service agreement with APHIS to pay all expenses incurred by APHIS for the initial evaluation of the processing establishment and periodically thereafter, including travel, salary, subsistence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. In accordance with the terms of the cooperative service agreement, before the APHIS representative's site inspection, the operator of the processing establishment or the party acting on their behalf must deposit with the Administrator an amount equal to the approximate cost of one inspection by an APHIS representative, including travel, salary, subsistence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. As funds from that amount are obligated, a bill for costs incurred based on official accounting records will be issued to restore the deposit to the original level, revised as necessary to allow for inflation or other changes in estimated costs. To be current, bills must be paid within 14 days of receipt.
(5) Shipment to the United States. Uncooked pork or pork products to be imported into the United States must be shipped from the region where they were processed in closed containers sealed with serially numbered seals applied by an official of the national government of that region. The shipments must be accompanied by a certificate signed by an official of the national government of the region where the pork or pork products were processed that lists the numbers of the seals applied and states that all of the conditions of this paragraph (e) have been met. The certificate shall also state that the container seals specified in paragraph (e)(1)(i) and (ii) of this section were found by an official of the region's national government to be intact and free of any evidence of tampering on arrival at the processing establishment in the CSF-affected region. A copy of this certificate must be kept on file at the processing establishment for at least 2 years.
(Approved by the Office of Management and Budget under control numbers 0579-0015 and 0579-0333)
[37 FR 21149, Oct. 6, 1972]
Editorial Note:
For Federal Register citations affecting § 94.9, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Effective Date Note:
At 78 FR 72998, Dec. 4, 2013, § 94.9 was amended in paragraph (c) by removing the citation “§ 94.24” and adding the citation “§ 94.31” in its place, effective Mar. 4, 2014.

Title 9 published on 2014-01-01

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  • 2014-02-10; vol. 79 # 27 - Monday, February 10, 2014
    1. 79 FR 7567 - Importation of Live Birds and Poultry, Poultry Meat, and Poultry Products From a Region in the European Union; Technical Amendment
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      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule; technical amendment.
      Effective Date: February 10, 2014.
      9 CFR Part 94

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United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 450 - Cooperation with State agencies in administration and enforcement of laws relating to marketing of agricultural products and...diseases and pests; coordination of administration of Federal and State laws

§ 7701 - Findings

§ 7702 - Definitions

§ 7711 - Regulation of movement of plant pests

§ 7712 - Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance

§ 7712a - Reduction in backlog of agricultural export petitions

§ 7713 - Notification and holding requirements upon arrival

§ 7714 - General remedial measures for new plant pests and noxious weeds

§ 7715 - Declaration of extraordinary emergency and resulting authorities

§ 7716 - Recovery of compensation for unauthorized activities

§ 7717 - Control of grasshoppers and Mormon crickets

§ 7718 - Certification for exports

§ 7719 - Methyl bromide

§ 7720 - National plan for control and management of Sudden Oak Death

§ 7721 - Plant pest and disease management and disaster prevention

§ 7731 - Inspections, seizures, and warrants

§ 7732 - Collection of information

§ 7733 - Subpoena authority

§ 7734 - Penalties for violation

§ 7735 - Enforcement actions of Attorney General

§ 7736 - Court jurisdiction

§ 7751 - Cooperation

§ 7752 - Buildings, land, people, claims, and agreements

§ 7753 - Reimbursable agreements

§ 7754 - Regulations and orders

§ 7755 - Protection for mail handlers

§ 7756 - Preemption

§ 7757 - Severability

§ 7758 - Repeal of superseded laws

§ 7759 - Fees for inspection of plants for exporting or transiting

§ 7760 - State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by United States Postal Service

§ 7761 - Repealed.

§ 7771 - Authorization of appropriations

§ 7772 - Transfer authority

§ 7781 - Definitions

§ 7782 - Establishment of program

§ 7783 - Grants to weed management entities

§ 7784 - Agreements

§ 7785 - Relationship to other programs

§ 7786 - Authorization of appropriations

§ 8301 - Findings

§ 8302 - Definitions

§ 8303 - Restriction on importation or entry

§ 8304 - Exportation

§ 8305 - Interstate movement

§ 8306 - Seizure, quarantine, and disposal

§ 8307 - Inspections, seizures, and warrants

§ 8308 - Detection, control, and eradication of diseases and pests

§ 8309 - Veterinary accreditation program

§ 8310 - Cooperation

§ 8311 - Reimbursable agreements

§ 8312 - Administration and claims

§ 8313 - Penalties

§ 8314 - Enforcement

§ 8315 - Regulations and orders

§ 8316 - Authorization of appropriations

§ 8317 - Effect on regulations

U.S. Code: Title 21 - FOOD AND DRUGS
U.S. Code: Title 31 - MONEY AND FINANCE

Title 9 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 9 CFR 94 after this date.

  • 2014-10-31; vol. 79 # 211 - Friday, October 31, 2014
    1. 79 FR 64687 - Importation of Beef From a Region in Argentina
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      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Proposed rule; reopening of comment period.
      The comment period for the proposed rule published on August 29, 2014 (79 FR 51508) is reopened. We will consider all comments that we receive on or before December 29, 2014.
      9 CFR Part 94