Attachment A - CFR-2010-title42-vol1-part71

Public Health Service, HHS

§ 71.1

§ 70.7 Responsibility with respect to
minors, wards, and patients.
A parent, guardian, physician, nurse,
or other such person shall not transport, or procure or furnish transportation for any minor child or ward, patient or other such person who is in the
communicable period of a communicable disease, except in accordance
with provisions of this part.
§ 70.8 Members of military and naval
forces.
The provisions of §§ 70.3, 70.4, 70.5,
70.7, and this section shall not apply to
members of the military or naval
forces, and medical care or hospital
beneficiaries of the Army, Navy, Veterans’
Administration,
or
Public
Health Service, when traveling under
competent orders: Provided, That in the
case of persons otherwise subject to the
provisions of § 70.5 the authority authorizing the travel requires precautions to prevent the possible transmission of infection to others during
the travel period.
§ 70.9

Vaccination clinics.

(a) The Director may establish vaccination clinics, through contract or
otherwise, authorized to administer
vaccines and/or other prophylaxis.
(b) A vaccination fee may be charged
for individuals not enrolled in Medicare Part B to cover costs associated
with administration of the vaccine and/
or other prophylaxis. Such fee is to be
collected at the time that the vaccine
is administered. The vaccination fee, if
imposed, is shown in the following
table:
Vaccine

Effective
dates

Amount

Fluarix ........................................

11/25/05

2 $25.00

71.3

Designation of yellow fever vaccination
centers; Validation stamps.

Subpart B—Measures at Foreign Ports
71.11

Bills of health.

Subpart C—Notice of Communicable
Disease Prior to Arrival
71.21

Radio report of death or illness.

Subpart D—Health Measures at U.S. Ports:
Communicable Diseases
71.31 General provisions.
71.32 Persons, carriers, and things.
71.33 Persons: Isolation and surveillance.
71.34 Carriers of U.S. military services.
71.35 Report of death or illness on carrier
during stay in port.

Subpart E—Requirements Upon Arrival at
U.S. Ports: Sanitary Inspection
71.41 General provisions.
71.42 Disinsection of imports.
71.43 Exemption for mails.
71.44 Disinsection of aircraft.
71.45 Food, potable water, and waste: U.S.
seaports and airports.
71.46 Issuance of Deratting Certificates and
Deratting Exemption Certificates.
71.47 Special provisions relating to airports:
Office and isolation facilities.
71.48 Carriers in intercoastal and interstate
traffic.

Subpart F—Importations
71.51 Dogs and cats.
71.52 Turtles, tortoises, and terrapins.
71.53 Nonhuman primates.
71.54 Etiological agents, hosts, and vectors.
71.55 Dead bodies.
71.56 African rodents and other animals
that may carry the monkeypox virus.
AUTHORITY: Secs. 215 and 311 of Public
Health Service (PHS) Act. as amended (42
U.S.C. 216, 243); secs. 361–369, PHS Act, as
amended (42 U.S.C. 264–272).
SOURCE: 50 FR 1519, Jan. 11, 1985, unless
otherwise noted.

1 Continuing
2 $7.00

for one year.
for the vaccine and $18.00 for administration.

Subpart A—Definitions and
General Provisions

[70 FR 3493, Jan. 25, 2005]

§ 71.1 Scope and definitions.
(a) The provisions of this part contain the regulations to prevent the introduction, transmission, and spread of
communicable disease from foreign
countries into the States or possessions of the United States. Regulations
pertaining to preventing the interstate

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PART 71—FOREIGN QUARANTINE
Subpart A—Definitions and General
Provisions
Sec.
71.1 Scope and definitions.
71.2 Penalties.

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§ 71.1

42 CFR Ch. I (10–1–10 Edition)

spread of communicable diseases are
contained in 21 CFR parts 1240 and 1250.
(b) As used in this part the term:
Carrier means a ship, aircraft, train,
road vehicle, or other means of transport, including military.
Communicable disease means an illness
due to a specific infectious agent or its
toxic products which arises through
transmission of that agent or its products from an infected person or animal
or a reservoir to a susceptible host, either directly, or indirectly through an
intermediate animal host, vector, or
the inanimate environment.
Contamination means the presence of
undesirable substances or material
which may contain infectious agents or
their toxic products.
Controlled Free Pratique means permission for a carrier to enter a U.S.
port, disembark, and begin operation
under certain stipulated conditions.
Deratting Certificate means a certificate issued under the instructions of
the Director, in the form prescribed by
the International Health Regulations,
recording the inspection and deratting
of the ship.
Deratting Exemption Certificate means
a certificate issued under the instructions of the Director, in the form prescribed by the International Health
Regulations, recording the inspection
and exemption from deratting of the
ship which is rodent free.
Detention means the temporary holding of a person, ship, aircraft, or other
carrier, animal, or thing in such place
and for such period of time as may be
determined by the Director.
Director means the Director, Centers
for Disease Control, Public Health
Service, Department of Health and
Human Services, or his/her authorized
representative.
Disinfection means the killing of infectious agents or inactivation of their
toxic products outside the body by direct exposure to chemical or physical
agents.
Disinfestation means any chemical or
physical process serving to destroy or
remove undesired small animal forms,
particularly arthropods or rodents,
present upon the person, the clothing,
or the environment of an individual, or
upon animals and carriers.

Disinsection means the operation in
which measures are taken to kill the
insect vectors of human disease present
in carriers and containers.
Educational purpose means use in the
teaching of a defined educational program at the university level or equivalent.
Exhibition purpose means use as a
part of a display in a facility comparable to a zoological park or in a
trained animal act. The animal display
must be open to the general public at
routinely scheduled hours on 5 or more
days of each week. The trained animal
act must be routinely scheduled for
multiple performances each week and
open to the general public except for
reasonable vacation and retraining periods.
Ill person means a person who:
(1) Has a temperature of 100 °F. (or 38
°C.) or greater, accompanied by a rash,
glandular swelling, or jaundice, or
which has persisted for more than 48
hours; or
(2) Has diarrhea, defined as the occurrence in a 24-hour period of three or
more loose stools or of a greater than
normal (for the person) amount of
loose stools.
International
Health
Regulations
means the International Health Regulations of the World Health Organization, adopted by the Twenty-Second
World Health Assembly in 1969, as
amended by the Twenty-Sixth World
Health Assembly in 1973, the ThirtyFourth World Health Assembly in 1981,
and as may be further amended.
International voyage means: (1) In the
case of a carrier, a voyage between
ports or airports of more than one
country, or a voyage between ports or
airports of the same country if the ship
or aircraft stopped in any other country on its voyage; or (2) in the case of
a person, a voyage involving entry into
a country other than the country in
which that person begins his/her voyage.
Isolation means: (1) When applied to a
person or group of persons, the separation of that person or group of persons
from other persons, except the health
staff on duty, in such a manner as to
prevent the spread of infection; or (2)
when applied to animals, the separation of an animal or group of animals

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Public Health Service, HHS

§ 71.11

from persons, other animals, or vectors
of disease in such a manner as to prevent the spread of infection.
Military services means the U.S.
Army, the U.S. Air Force, the U.S.
Navy, and the U.S. Coast Guard.
Scientific purpose means use for scientific research following a defined
protocol and other standards for research projects as normally conducted
at the university level. The term also
includes the use for safety testing, potency testing, and other activities related to the production of medical
products.
Surveillance means the temporary supervision of a person who may have or
has been exposed to a communicable
disease.
U.S. port means any seaport, airport,
or border crossing point under the control of the United States.
United States means the several
States, the District of Columbia,
Guam, the Commonwealth of Puerto
Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa,
and the Trust Territory of the Pacific
Islands.
Vector means an animal (including
insects) or thing which conveys or is
capable of conveying infectious agents
from a person or animal to another
person or animal.
§ 71.2

Penalties.

Any person violating any provision of
these regulations shall be subject to a
fine of not more than $1,000 or to imprisonment for not more than 1 year,
or both, as provided in section 368 of
the Public Health Service Act (42
U.S.C. 271).

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§ 71.3 Designation of yellow fever vaccination centers; Validation stamps.
(a) Designation of yellow fever vaccination centers. (1) The Director is responsible for the designation of yellow fever
vaccination centers authorized to issue
certificates of vaccination. This responsibility is delegated by the Director to a State or territorial health department with respect to yellow fever
vaccination activities of non-Federal
medical, public health facilities, and licensed physicians functioning within
the respective jurisdictions of a State

or territorial health department. Designation may be made upon application
and presentation of evidence satisfactory to a State or territorial health department that the applicant has adequate facilities and professionally
trained personnel for the handling,
storage, and administration of a safe,
potent, and pure yellow fever vaccine.
Medical facilities of Federal agencies
are authorized to obtain yellow fever
vaccine without being designated as a
yellow fever vaccination center by the
Director.
(2) A designated yellow fever vaccination center shall comply with the instruction issued by the Director or by a
delegated officer or employee of a
State or territorial health department
for the handling, storage, and administration of yellow fever vaccine. If a
designated center fails to comply with
such instruction, after notice to the
center, the Director or, for non-Federal
centers, a State or territorial health
department, may revoke designation.
(b) Validation stamps. International
Certificates of Vaccination against
cholera and yellow fever issued for vaccinations performed in the United
States shall be validated by:
(1) The Seal of the Public Health
Service; or
(2) The Seal of the Department of
State; or
(3) The stamp of the Department of
Defense; or
(4) The stamp issued to the National
Aeronautics and Space Administration;
or
(5) The stamp issued by a State or
territorial health department; or
(6) An official stamp of a design and
size approved by the Director for such
purpose.

Subpart B—Measures at Foreign
Ports
§ 71.11

Bills of health.

A carrier at any foreign port clearing
or departing for any U.S. port shall not
be required to obtain or deliver a bill of
health.

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§ 71.21

42 CFR Ch. I (10–1–10 Edition)

Subpart C—Notice of Communicable Disease Prior to Arrival
§ 71.21 Radio report of death or illness.
(a) The master of a ship destined for
a U.S. port shall report immediately to
the quarantine station at or nearest
the port at which the ship will arrive,
the occurrence, on board, of any death
or any ill person among passengers or
crew (including those who have disembarked or have been removed) during the 15-day period preceding the
date of expected arrival or during the
period since departure from a U.S. port
(whichever period of time is shorter).
(b) The commander of an aircraft destined for a U.S. airport shall report immediately to the quarantine station at
or nearest the airport at which the aircraft will arrive, the occurrence, on
board, of any death or ill person among
passengers or crew.
(c) In addition to paragraph (a) of
this section, the master of a ship carrying 13 or more passengers must report by radio 24 hours before arrival
the number of cases (including zero) of
diarrhea in passengers and crew recorded in the ship’s medical log during
the current cruise. All cases of diarrhea that occur after the 24 hour report
must also be reported not less than 4
hours before arrival.
(Approved by the Office of Management and
Budget under control number 0920–0134)

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Subpart D—Health Measures at
U.S. Ports: Communicable Diseases
§ 71.31 General provisions.
(a) Upon arrival at a U.S. port, a carrier will not undergo inspection unless
the Director determines that a failure
to inspect will present a threat of introduction of communicable diseases
into the United States, as may exist
when the carrier has on board individual(s) reportable in accordance with
§ 71.21 or meets the circumstances described in § 71.42. Carriers not subject
to inspection under this section will be
subject to sanitary inspection under
§ 71.41 of this part.
(b) The Director may require detention of a carrier until the completion

of the measures outlined in this part
that are necessary to prevent the introduction or spread of a communicable disease. The Director may issue
a controlled free pratique to the carrier
stipulating what measures are to be
met, but such issuance does not prevent the periodic boarding of a carrier
and the inspection of persons and
records to verify that the conditions
have been met for granting the pratique.
§ 71.32

Persons, carriers, and things.

(a) Whenever the Director has reason
to believe that any arriving person is
infected with or has been exposed to
any of the communicable diseases listed in an Executive Order, as provided
under section 361(b) of the Public
Health Service Act, he/she may isolate,
quarantine, or place the person under
surveillance and may order disinfection or disinfestation, fumigation, as
he/she considers necessary to prevent
the introduction, transmission or
spread of the listed communicable diseases. Executive Order 13295, of April 4,
2003, contains the current revised list
of quarantinable communicable diseases, and may be obtained at http://
www.cdc.gov
and
http://
www.archives.gov/federallregister.
If
this Order is amended, HHS will enforce that amended order immediately
and update this reference.
(b) Whenever the Director has reason
to believe that any arriving carrier or
article or thing on board the carrier is
or may be infected or contaminated
with a communicable disease, he/she
may require detention, disinfection,
disinfestation, fumigation, or other related measures respecting the carrier
or article or thing as he/she considers
necessary to prevent the introduction,
transmission, or spread of communicable diseases.
[68 FR 17559, Apr. 10, 2003]

§ 71.33 Persons: Isolation and surveillance.
(a) Persons held in isolation under
this subpart may be held in facilities
suitable for isolation and treatment.
(b) The Director may require isolation where surveillance is authorized in
this subpart whenever the Director

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Public Health Service, HHS

§ 71.44

considers the risk of transmission of
infection to be exceptionally serious.
(c) Every person who is placed under
surveillance by authority of this subpart shall, during the period of surveillance:
(1) Give information relative to his/
her health and his/her intended destination and report, in person or by
telephone, to the local health officer
having jurisdiction over the areas to be
visited, and report for medical examinations as may be required;
(2) Upon arrival at any address other
than that stated as the intended destination when placed under surveillance, or prior to departure from the
United States, inform, in person or by
telephone, the health officer serving
the health jurisdiction from which he/
she is departing.
(d) From time to time the Director
may, in accordance with section 322 of
the Public Health Service Act, enter
into agreements with public or private
medical or hospital facilities for providing care and treatment for persons
detained under this part.
(Approved by the Office of Management and
Budget under control number 0920–0134)
[50 FR 1519, Jan. 11, 1985; 50 FR 3910, Jan. 29,
1985]

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§ 71.34 Carriers of U.S. military services.
(a) Carriers belonging to or operated
by the military services of the United
States may be exempted from inspection if the Director is satisfied that
they have complied with regulations of
the military services which also meet
the requirements of the regulations in
this part. (For applicable regulations of
the military services, see Army Regulation No. 40–12, Air Force Regulation
No. 161–4, Secretary of the Navy Instruction 6210.2, and Coast Guard Commandant Instruction 6210.2).
(b) Notwithstanding exemption from
inspection of carriers under this section, animals or articles on board shall
be required to comply with the applicable requirements of subpart F of this
part.
§ 71.35 Report of death or illness on
carrier during stay in port.
The master of any carrier at a U.S.
port shall report immediately to the

quarantine station at or nearest the
port the occurrence, on board, of any
death or any ill person among passengers or crew.
(Approved by the Office of Management and
Budget under control number 0920–0134)

Subpart E—Requirements Upon
Arrival at U.S. Ports: Sanitary
Inspection
§ 71.41

General provisions.

Carriers arriving at a U.S. port from
a foreign area shall be subject to a sanitary inspection to determine whether
there exists rodent, insect, or other
vermin infestation, contaminated food
or water, or other insanitary conditions requiring measures for the prevention of the introduction, transmission, or spread of communicable
disease.
§ 71.42

Disinfection of imports.

When the cargo manifest of a carrier
lists articles which may require disinfection under the provisions of this
part, the Director shall disinfect them
on board or request the appropriate
customs officer to keep the articles
separated from the other cargo pending
appropriate disposition.
§ 71.43

Exemption for mails.

Except to the extent that mail contains any article or thing subject to restrictions under subpart F of this part,
nothing in the regulations in this part
shall render liable to detention, disinfection, or destruction any mail conveyed under the authority of the postal
administration of the United States or
of any other Government.
§ 71.44

Disinsection of aircraft.

(a)
The
Director
may
require
disinsection of an aircraft if it has left
a foreign area that is infected with insect-borne communicable disease and
the aircraft is suspected of harboring
insects of public health importance.
(b) Disinsection shall be the responsibility of the air carrier or, in the case
of aircraft not for hire, the pilot in
command, and shall be subject to monitoring by the Director.

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§ 71.45

42 CFR Ch. I (10–1–10 Edition)

(c) Disinsection of the aircraft shall
be accomplished immediately after
landing and blocking.
(1) The cargo compartment shall be
disinsected before the mail, baggage,
and other cargo are discharged.
(2) The rest of the aircraft shall be
disinsected after passengers and crew
deplane.
(d) Disinsection shall be performed
with an approved insecticide in accordance with the manufacturer’s instructions. The current list of approved insecticides and sources may be obtained
from the Division of Quarantine, Center for Prevention Services, Centers for
Disease Control, Atlanta, GA 30333.
§ 71.45 Food, potable water, and waste:
U.S. seaports and airports.
(a) Every seaport and airport shall be
provided with a supply of potable water
from a watering point approved by the
Commissioner of Food and Drugs, Food
and Drug Administration, in accordance with standards established in title
21, Code of Federal Regulations, parts
1240 and 1250.
(b) All food and potable water taken
on board a ship or aircraft at any seaport or airport intended for human
consumption thereon shall be obtained
from sources approved in accordance
with regulations cited in paragraph (a)
of this section.
(c) Aircraft inbound or outbound on
an international voyage shall not discharge over the United States any excrement, or waste water or other polluting materials. Arriving aircraft
shall discharge such matter only at
servicing areas approved under regulations cited in paragraph (a) of this section.

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§ 71.46 Issuance of Deratting Certificates and Deratting Exemption Certificates.
Valid
Deratting
Certificates
or
Deratting Exemption Certificates are
not required for ships to enter a U.S.
seaport. In accordance with Article 17
of the International Health Regulations, the Public Health Service may
perform rodent infestation inspections
and issue Deratting Certificates and
Deratting Exemption Certificates.

§ 71.47 Special provisions relating to
airports: Office and isolation facilities.
Each U.S. airport which receives
international traffic shall provide
without cost to the Government suitable office, isolation, and other exclusive space for carrying out the Federal
responsibilities under this part.
§ 71.48 Carriers in intercoastal
interstate traffic.

Carriers, on an international voyage,
which are in traffic between U.S. ports,
shall be subject to inspection as described in §§ 71.31 and 71.41 when there
occurs on board, among passengers or
crew, any death, or any ill person, or
when illness is suspected to be caused
by insanitary conditions.

Subpart F—Importations
§ 71.51

Dogs and cats.

(a) Definitions.
As used in this section the term:
Cat means all domestic cats.
Confinement means restriction of a
dog or cat to a building or other enclosure at a U.S. port, en route to destination and at destination, in isolation
from other animals and from persons
except for contact necessary for its
care or, if the dog or cat is allowed out
of the enclosure, muzzling and keeping
it on a leash.
Dog means all domestic dogs.
Owner means owner or agent.
Valid rabies vaccination certificate
means a certificate which was issued
for a dog not less than 3 months of age
at the time of vaccination and which:
(1) Identifies a dog on the basis of
breed, sex, age, color, markings, and
other identifying information.
(2) Specifies a date of rabies vaccination at least 30 days before the date of
arrival of the dog at a U.S. port.
(3) Specifies a date of expiration
which is after the date of arrival of the
dog at a U.S. port. If no date of expiration is specified, then the date of vaccination shall be no more than 12
months before the date of arrival at a
U.S. port.
(4) Bears the signature of a licensed
veterinarian.

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Public Health Service, HHS

§ 71.51

(b) General requirements for admission
of dogs and cats—(1) Inspection by Director. The Director shall inspect all dogs
and cats which arrive at a U.S. port,
and admit only those dogs and cats
which show no signs of communicable
disease as defined in § 71.1.
(2) Examination by veterinarian and
confinement of dogs and cats. When,
upon inspection, a dog or cat does not
appear to be in good health on arrival
(e.g., it has symptoms such as emaciation, lesions of the skin, nervous system disturbances, jaundice, or diarrhea), the Director may require prompt
confinement and give the owner an opportunity to arrange for a licensed veterinarian to examine the animal and
give or arrange for any tests or treatment indicated. The Director will consider the findings of the examination
and tests in determining whether or
not the dog or cat may have a communicable disease. The owner shall bear
the expense of the examination, tests,
and treatment. When it is necessary to
detain a dog or cat pending determination of its admissibility, the owner
shall provide confinement facilities
which in the judgment of the Director
will afford protection against any communicable disease. The owner shall
bear the expense of confinement. Confinement shall be subject to conditions
specified by the Director to protect the
public health.
(3) Record of sickness or death of dogs
and cats and requirements for exposed
animals. (i) The carrier responsible for
the care of dogs and cats shall maintain a record of sickness or death of
animals en route to the United States
and shall submit the record to the
quarantine station at the U.S. port
upon arrival. Dogs or cats which have
become sick while en route or are dead
on arrival shall be separated from
other animals as soon as the sickness
or death is discovered, and shall be
held in confinement pending any necessary examination as determined by
the Director.
(ii) When, upon inspection, a dog or
cat appears healthy but, during shipment, has been exposed to a sick or
dead animal suspected of having a communicable disease, the exposed dog or
cat shall be admitted only if examination or tests made on arrival reveal no

evidence that the animal may be infected with a communicable disease.
The provisions of paragraph (b)(2) of
this section shall be applicable to the
examination or tests.
(4) Sanitation. When the Director
finds that the cages or other containers
of dogs or cats arriving in the United
States are in an insanitary or other
condition that may constitute a communicable disease hazard, the dogs or
cats shall not be admitted in such containers unless the owner has the containers cleaned and disinfected.
(c) Rabies vaccination requirements for
dogs. (1) A valid rabies vaccination certificate is required at a U.S. port for
admission of a dog unless the owner
submits evidence satisfactory to the
Director that:
(i) If a dog is less than 6 months of
age, it has been only in a country determined by the Director to be rabiesfree (a current list of rabies-free countries may be obtained from the Division of Quarantine, Center for Prevention Services, Centers for Disease Control, Atlanta, GA 30333); or
(ii) If a dog is 6 months of age or
older, for the 6 months before arrival,
it has been only in a country determined by the Director to be rabies-free;
or
(iii) The dog is to be taken to a research facility to be used for research
purposes and vaccination would interfere with its use for such purposes.
(2) Regardless of the provisions of
paragraph (c)(1) of this section, the Director may authorize admission as follows:
(i) If the date of vaccination shown
on the vaccination certificate is less
than 30 days before the date of arrival,
the dog may be admitted, but must be
confined until at least 30 days have
elapsed since the date of vaccination;
(ii) If the dog is less than 3 months of
age, it may be admitted, but must be
confined until vaccinated against rabies at 3 months of age and for at least
30 days after the date of vaccination;
(iii) If the dog is 3 months of age or
older, it may be admitted, but must be
confined until it is vaccinated against
rabies. The dog must be vaccinated
within 4 days after arrival at destination but no more than 10 days after arrival at a U.S. port. It must be kept in

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§ 71.52

42 CFR Ch. I (10–1–10 Edition)

confinement for at least 30 days after
the date of vaccination.
(3) When a dog is admitted under
paragraph (c)(2) of this section, the Director shall notify the health department or other appropriate agency having jurisdiction at the point of destination and shall provide the address of
the specified place of confinement and
other pertinent information to facilitate surveillance and other appropriate
action.
(d) Certification requirements. The
owner shall submit such certification
regarding confinement and vaccination
prescribed under this section as may be
required by the Director.
(e) Additional requirements for the importation of dogs and cats. Dogs and cats
shall be subject to such additional requirements as may be deemed necessary by the Director or to exclusion
if coming from areas which the Director has determined to have high rates
of rabies.
(f) Requirements for dogs and cats in
transit. The provisions of this section
shall apply to dogs and cats transported through the United States from
one foreign country to another, except
as provided below:
(1) Dogs and cats that appear
healthy, but have been exposed to a
sick or dead animal suspected of having a communicable disease, need not
undergo examination or tests as provided in paragraph (b)(3) of this section
if the Director determines that the
conditions under which they are being
transported will afford adequate protection against introduction of communicable disease.
(2) Rabies vaccination is not required
for dogs that are transported by aircraft or ship and retained in custody of
the carrier under conditions that would
prevent transmission of rabies.
(g) Disposal of excluded dogs and cats.
A dog or cat excluded from the United
States under the regulations in this
part shall be exported or destroyed.
Pending exportation, it shall be detained at the owner’s expense in the
custody of the U.S. Customs Service at
the U.S. port.
(Approved by the Office of Management and
Budget under control number 0920–0134)

§ 71.52 Turtles, tortoises, and terrapins.
(a) Definitions.
As used in this section the term:
Turtles includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the
order Testudinata, class Reptilia, except
marine species (Families Dermochelidae
and Cheloniidae).
(b) Importation; general prohibition.
Except as otherwise provided in this
section, live turtles with a carapace
length of less than 4 inches and viable
turtle eggs may not be imported into
the United States.
(c) Exceptions. (1) Live turtles with a
carapace length of less than 4 inches
and viable turtle eggs may be imported
into the United States, provided that
such importation is not in connection
with a business, and the importation is
limited to lots of fewer than seven live
turtles or fewer than seven viable turtle eggs, or any combinations of such
turtles and turtle eggs totaling fewer
than seven, for any entry.
(2) Seven or more live turtles with a
carapace length of less than 4 inches,
or seven or more viable turtle eggs or
any combination of turtles and turtle
eggs totaling seven or more, may be
imported into the United States for
bona fide scientific or educational purposes or for exhibition when accompanied by a permit issued by the Director.
(3) The requirements in paragraphs
(c)(1) and (c)(2) of this section shall not
apply to the eggs of marine turtles excluded from these regulations under
§ 71.52(a).
(d) Application for permits. Applications for permits to import turtles, as
set forth in paragraph (c)(2) of this section, shall be made by letter to the Director, and shall contain, identify, or
describe, the name and address of the
applicant, the number of specimens,
and the common and scientific names
of each species to be imported, the
holding facilities, the intended use of
the turtles following their importation,
the precautions to be undertaken to
prevent infection of members of the
public with Salmonella and Arizona bacteria, and any other information and
assurances the Director may require.

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§ 71.53

(e) Criteria for issuance of permits. A
permit may be issued upon a determination that the holder of the permit
will isolate or otherwise confine the
turtles and will take such other precautions as may be determined by the
Director to be necessary to prevent infection of members of the public with
Salmonella and Arizona bacteria and on
condition that the holder of the permit
will provide such reports as the Director may require.
(f) Interstate Regulations. Upon admission at a U.S. Port, turtles and viable
turtle eggs become subject to Food and
Drug Administration Regulations (21
CFR 1240.62) regarding general prohibition.
(g) Other permits. Permits to import
certain species of turtles may be required under other Federal regulations
(50 CFR parts 17 and 23) protecting such
species.

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(Approved by the Office of Management and
Budget under control number 0920–0134)

§ 71.53 Nonhuman primates.
(a) Definitions.
As used in this section the term:
Importer means any person or corporation, partnership, or other organization, receiving live nonhuman primates from a foreign country within a
period of 31 days, beginning with the
importation date, whether or not the
primates were held for part of the period at another location. The term importer includes the original importer
and any other person or organization
receiving imported primates within the
31-day period.
Nonhuman
primates
means
all
nonhuman members of the Order Primates, including, but not limited to,
animals commonly known as monkeys,
chimpanzees, orangutans, gorillas, gibbons,
apes,
baboons,
marmosets,
tamarin, lemurs, and lorises.
(b) General prohibition. No person or
organization
may
import
live
nonhuman primates into the United
States unless registered as an importer
in accordance with applicable provisions of this section.
(c) Uses for which nonhuman primates
may be imported and distributed. Live
nonhuman primates may be imported
into the United States and sold, resold,
or otherwise distributed only for bona

fide scientific, educational, or exhibition purposes. The importation of
nonhuman primates for use in breeding
colonies is also permitted provided
that all offspring will be used only for
scientific, educational, or exhibition
purposes.
The
maintenance
of
nonhuman primates as pets, hobby, or
an avocation with occasional display to
the general public is not a permissible
use.
(d) Registration of importers. (1) Importers of nonhuman primates shall
register with the Director in a manner
prescribed by the Director.
(2) Documentary evidence that an
importer will use all nonhuman primates solely for the permitted purposes is required.
(3) Registration shall inlcude certification that the nonhuman primates
will not be shipped, sold, or otherwise
transferred to other persons or organizations without adequate proof that
the primates will be used only for the
permitted purposes.
(4) Registration shall be for 2 years,
effective the date the application for
registration is approved by the Director.
(5) Registration may be renewed by
filing a registration application form
with the Director not less than 30 days
nor more than 60 days before expiration of the current registration.
(e) Recordkeeping and reporting requirement for registered importers. (1) Importers shall maintain records on each
shipment of imported nonhuman primates received. The record on each
shipment shall include the number of
primates received, species, country of
origin, date of importation, the number
of primates in the shipment that die
within 90 days after receipt, and
cause(s) of deaths. If any primates in
the shipment are sold or otherwise distributed within 90 days after receipt,
the record shall include the number of
primates in each shipment or sale, the
dates of each shipment or sale, and the
identity of the recipients. In addition,
the record shall contain copies of documents that were presented to the importer to establish that the recipient
would use the primates solely for the
permitted purposes. The records shall
be maintained in an organized manner
in a central location at or in close

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42 CFR Ch. I (10–1–10 Edition)

proximity to the importer’s primate
holding facility. The records shall be
maintained for a period of 3 years and
shall be available for inspection by the
Director at any time.
(2) Importers shall report to the Director by telephone within 24 hours the
occurrence of any illness in nonhuman
primates that is suspected of being yellow fever, monkeypox, or Marburg/
Ebola disease.
(3) Importers also shall report to the
Director by telephone within 24 hours
the occurrence of illness in any member of their staff suspected of having an
infectious
disease
acquired
from
nonhuman primates.
(f) Disease control measures. Upon receipt of evidence of exposure of
nonhuman primates to a communicable disease that may constitute a
threat to public health, the Director
may provide for or require examination, treatment, detention, isolation,
seizure, or destruction of exposed animals. Any measures required shall be
at the owner’s expense.
(g) Disposal of excluded nonhuman primates. Nonhuman primate(s) excluded
from the United States by provisions of
this section shall, at the owner’s option and expense, be exported, destroyed, or given to a scientific, educational, or exhibition facility under
arrangements approved by the Director. If the owner fails to dispose of the
nonhuman primate by one of the approved options or fails to select a
method of disposal within 7 days, the
Director will select the method of disposal. Pending disposal, the nonhuman
primate(s) shall be detained at the
owner’s expense in custody of the U.S.
Customs Service at the U.S. port.
(h) Revocation of an importer’s registration. (1) An importer’s registration may
be revoked by the Director, upon notice to the importer holding such registration, if the Director determines
that the importer has failed to comply
with any applicable provisions of this
section. The notice shall contain a
statement of the grounds upon which
the revocation is based.
(2) The importer may file an answer
within 20 days after receipt of the notice. Answers shall admit or deny specifically, and in detail, each allegation
in the notice. Allegations in the notice

not denied by answer shall be deemed
admitted. Matters alleged as affirmative defenses shall be separately stated
and numbered. Failure of the importer
to file an answer within 20 days after
receipt of the notice may be deemed an
admission of all allegations of fact recited in the notice.
(3) The importer shall be entitled to
a hearing with respect to the revocation upon filing a written request, either in the answer or in a separate document, with the Director within 20
days after the effective date of revocation. Failure to request a hearing shall
be deemed a waiver of hearing and as
consent to the submission of the case
to the Director for decision based on
the written record. The failure both to
file an answer and to request a hearing
shall be deemed to constitute consent
to the making of a decision on the
basis of available information.
(4) As soon as practicable after the
completion of any hearing conducted
pursuant to the provisions of this section, the Director shall render a final
decision. A copy of such decision shall
be served on the importer.
(5) An importer’s registration which
has been revoked may be reinstated by
the Director upon inspection, examination of records, conference with the importer, and receipt of information and
assurances of compliance with the requirements of this section.
(i) Other permits. In addition to the
requirements under this section, permits to import certain species of
nonhuman primates may also be required under other Federal regulations
(50 CFR parts 17 and 23) protecting such
species.
(Approved by the Office of Management and
Budget under control number 0920–0134)

§ 71.54 Etiological agents, hosts, and
vectors.
(a) A person may not import into the
United States, nor distribute after importation, any etiological agent or any
arthropod or other animal host or vector of human disease, or any exotic living arthropod or other animal capable
of being a host or vector of human disease unless accompanied by a permit
issued by the Director.
(b) Any import coming within the
provisions of this section will not be

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§ 71.56

released from custody prior to receipt
by the District Director of the U.S.
Customs Service of a permit issued by
the Director.

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§ 71.55 Dead bodies.
The remains of a person who died of
a communicable disease listed in
§ 71.32(b) may not be brought into a
U.S. port unless the body is (a) properly embalmed and placed in a hermetically sealed casket, (b) cremated,
or (c) accompanied by a permit issued
by the Director.
§ 71.56 African rodents and other animals that may carry the monkeypox
virus.
(a) What actions are prohibited? What
animals are affected? (1) Except as provided in paragraphs (a)(2) and (a)(3) of
this section,
(i) You must not import or attempt
to import any rodents, whether dead or
alive, that were obtained, directly or
indirectly, from Africa, or whose native habitat is Africa, any products derived from such rodents, any other animal, whether dead or alive, whose importation the Director has prohibited
by order, or any products derived from
such animals; and
(ii) You must not prevent or attempt
to prevent the Centers for Disease Control and Prevention (CDC) from causing an animal to be quarantined, re-exported, or destroyed under a written
order.
(2) The prohibitions in paragraph
(a)(1) of this section do not apply if you
have written permission from CDC to
import a rodent that was obtained, directly or indirectly, from Africa, or
whose native habitat is Africa, or an
animal whose importation the Director
has prohibited by order.
(i) To obtain such written permission
from CDC, you must send a written request to Division of Global Migration
and Quarantine, National Center for
Infectious Diseases, Centers for Disease
Control and Prevention, 1600 Clifton
Rd., Atlanta, GA 30333. You may also
fax your request to the Division of
Global Migration and Quarantine
(using the same address in the previous
sentence) at 404–498–1633.
(ii) Your request must state the reasons why you need an exemption, de-

scribe the animals involved, describe
the number of animals involved, describe how the animals will be transported (including carrying containers
or cages, precautions for handlers,
types of vehicles used, and other procedures to minimize exposure of animals
and precautions to prevent animals
from escaping into the environment),
describe any holding facilities, quarantine procedures, and/or veterinarian
evaluation involved in the animals’
movement, and explain why an exemption will not result in the spread of
monkeypox within the United States.
Your request must be limited to scientific, exhibition, or educational purposes.
(iii) We will respond in writing to all
requests, and we also may impose conditions in granting an exemption. If we
deny your request, you may appeal
that denial. Your appeal must be in
writing and be submitted to the CDC
official whose office denied your request, and you must submit the appeal
within two business days after you receive the denial. Your appeal must
state the reasons for the appeal and
show that there is a genuine and substantial issue of fact in dispute. We
will issue a written response to the appeal, which shall constitute final agency action.
(3) The prohibitions in paragraph (a)
of this section do not apply to products
derived from rodents that were obtained, directly or indirectly, from Africa, or whose native habitat is Africa,
or products derived from any other animal whose importation the Director
has prohibited by order if such products have been properly processed to
render them noninfectious so that they
pose no risk of transmitting or carrying the monkeypox virus. Such products include, but are not limited to,
fully taxidermied animals and completely finished trophies; and they may
be imported without written permission from CDC.
(b) What actions can CDC take? (1) To
prevent the monkeypox virus from
spreading and becoming established in
the United States, we may, in addition
to any other authorities under this
part:
(i) Issue an order causing an animal
to be placed in quarantine,

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(ii) Issue an order causing an animal
to be re-exported,
(iii) Issue an order causing an animal
to be destroyed, or
(iv) Take any other action necessary
to
prevent
the
spread
of
the
monkeypox virus.
(2) Any order causing an animal to be
quarantined, re-exported, or destroyed
will be in writing.
(c) How do I appeal an order? If you
received a written order to quarantine
or re-export an animal or to cause an
animal to be destroyed, you may appeal that order. Your appeal must be in
writing and be submitted to the CDC
official whose office issued the order,
and you must submit the appeal within
2 business days after you receive the
order. Your appeal must state the reasons for the appeal and show that there
is a genuine and substantial issue of
fact in dispute. We will issue a written
response to the appeal, which shall
constitute final agency action.
[68 FR 62369, Nov. 4, 2003]

PART 72 [RESERVED]

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PART 73—SELECT AGENTS AND
TOXINS
Sec.
73.1 Definitions.
73.2 Purpose and scope.
73.3 HHS select agents and toxins.
73.4 Overlap select agents and toxins.
73.5 Exemptions for HHS select agents and
toxins.
73.6 Exemptions for overlap select agents
and toxins.
73.7 Registration and related security risk
assessments.
73.8 Denial, revocation, or suspension of
registration.
73.9 Responsible Official.
73.10 Restricting access to select agents and
toxins; security risk assessments.
73.11 Security.
73.12 Biosafety.
73.13 Restricted experiments.
73.14 Incident response.
73.15 Training.
73.16 Transfers.
73.17 Records.
73.18 Inspections.
73.19 Notification of theft, loss, or release.
73.20 Administrative review.
73.21 Civil money penalties.

AUTHORITY: 42 U.S.C. 262a; sections 201–204,
221 and 231 of Title II of Public Law 107–188,
116 Stat. 637 (42 U.S.C. 262a).
SOURCE: 70 FR 13316, Mar. 18, 2005, unless
otherwise noted.

§ 73.1 Definitions.
For purposes of this part:
Administrator means the Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection
Service (APHIS) means the Animal and
Plant Health Inspection Service of the
U.S. Department of Agriculture.
Attorney General means the Attorney
General of the United States or any
person authorized to act for the Attorney General.
Biological agent means any microorganism (including, but not limited
to, bacteria, viruses, fungi, rickettsiae,
or protozoa), or infectious substance,
or any naturally occurring, bioengineered, or synthesized component of
any such microorganism or infectious
substance, capable of causing death,
disease, or other biological malfunction in a human, an animal, a plant, or
another living organism; deterioration
of food, water, equipment, supplies, or
material of any kind; or deleterious alteration of the environment.
CDC means Centers for Disease Control and Prevention of the Department
of Health and Human Services.
Diagnosis means the analysis of specimens for the purpose of identifying or
confirming the presence or characteristics of a select agent or toxin provided
that such analysis is directly related to
protecting the public health or safety,
animal health or animal products, or
plant health or plant products.
Entity means any government agency
(Federal, State, or local), academic institution, corporation, company, partnership, society, association, firm, sole
proprietorship, or other legal entity.
HHS means the Department of Health
and Human Services.
HHS Secretary means the Secretary of
the Department of Health and Human
Services or his or her designee, unless
otherwise specified.
HHS select agent and/or toxin means a
biological agent or toxin included in
§ 73.3.

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