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pdf§ 70.18
42 CFR Ch. I (10–1–18 Edition)
issuing the Federal quarantine, isolation, or conditional release order, or
any subsequent Federal orders;
(3) Records submitted by the individual under quarantine, isolation, or
conditional release, or by an authorized advocate or representatives, as
part of a request for rescission of the
Federal quarantine, isolation, or conditional release or as part of a medical
review;
(4) The written findings and report of
the medical reviewer, including any
transcripts of the medical review and
any written objections submitted by
the individual under Federal quarantine, isolation, or conditional release, or by any authorized advocate or
representatives;
(b) An individual subject to a Federal
public health order shall upon request
be served with a copy of his or her own
administrative record in its entirety.
[82 FR 6971, Jan. 19, 2017]
§ 70.18 Penalties.
(a) Persons in violation of this part
are subject to a fine of no more than
$100,000 if the violation does not result
in a death or one year in jail, or both,
or a fine of no more than $250,000 if the
violation results in a death or one year
in jail, or both, or as otherwise provided by law.
(b) Violations by organizations are
subject to a fine of no more than
$200,000 per event if the violation does
not result in a death or $500,000 per
event if the violation results in a death
or as otherwise provided by law.
[82 FR 6971, Jan. 19, 2017]
PART 71—FOREIGN QUARANTINE
Subpart B—Measures at Foreign Ports
71.11
Bills of health.
Subpart C—Notice of Communicable
Disease Prior to Arrival
71.20 Public health prevention measures to
detect communicable disease.
71.21 Report of death or illness.
Subpart D—Health Measures at U.S. Ports:
Communicable Diseases
71.29 Administrative records relating to
quarantine, isolation, or conditional release.
71.30 Payment for care and treatment.
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.
71.36 Medical examinations.
71.37 Requirements relating to the issuance
of a Federal order for quarantine, isolation, or conditional release.
71.38 Mandatory reassessment of a Federal
order for quarantine, isolation, or conditional release (surveillance).
71.39 Medical review of a Federal order for
quarantine, isolation, or conditional release.
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
Subpart A—Definitions and General
Provisions
Sec.
71.1 Scope and definitions.
71.2 Penalties.
71.3 Designation of yellow fever vaccination
centers; Validation stamps.
71.4 Requirements relating to the transmission of airline passenger, crew, and
flight information for public health purposes.
71.5 Requirements relating to the transmission of vessel passenger, crew, and
voyage information for public health
purposes.
71.50 Scope and definitions.
71.51 Dogs and cats.
71.52 Turtles, tortoises, and terrapins.
71.53 Requirements
for
importers
of
nonhuman primates.
71.54 Import regulations for infectious biological agents, infectious substances, and
vectors.
71.55 Dead bodies.
71.56 African rodents and other animals
that may carry the monkeypox virus.
71.63 Suspension of entry of animals, articles, or things from designated foreign
countries and places into the United
States.
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Public Health Service, HHS
§ 71.1
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.
Subpart A—Definitions and
General Provisions
§ 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 territories
(also known as possessions) of the
United States. Regulations pertaining
to preventing the interstate spread of
communicable diseases are contained
in 21 CFR parts 1240 and 1250 and 42
CFR part 70.
(b) As used in this part the term:
Airline means any air carrier or foreign air carrier providing air transportation, as that term is defined in 49
U.S.C. 40102(a)(2), (a)(5), and (a)(21).
Apprehension means the temporary
taking into custody of an individual or
group for purposes of determining
whether quarantine, isolation, or conditional release is warranted.
Carrier means a ship, aircraft, train,
road vehicle, or other means of transport, including military.
Commander means the pilot in command of an aircraft as defined in 14
CFR 1.1.
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.
Conditional release means surveillance
as defined under this part and includes
public health supervision through inperson visits by a health official or designee, telephone, or through any electronic or internet-based means as determined by the Director.
Contaminated environment means the
presence of an infectious agent on a
surface, including on inanimate articles, or in a substance, including food,
water, or in the air.
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.
Electronic or internet-based monitoring
means mechanisms or technologies allowing for the temporary public health
supervision of an individual under conditional release and may include communication through electronic mail,
SMS texts, video or audio conference,
webcam technologies, integrated voice-
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§ 71.1
42 CFR Ch. I (10–1–18 Edition)
response systems, entry of information
into a web-based forum, wearable
tracking technologies, and other mechanisms or technologies as determined
by the Director.
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 an individual:
(i) Who if onboard an aircraft:
(A) Has a fever (a measured temperature of 100.4 °F [38 °C] or greater, or
feels warm to the touch, or gives a history of feeling feverish) accompanied
by one or more of the following: Skin
rash, difficulty breathing, persistent
cough, decreased consciousness or confusion of recent onset, new unexplained
bruising or bleeding (without previous
injury), persistent diarrhea, persistent
vomiting (other than air sickness),
headache with stiff neck, appears obviously unwell; or
(B) Has a fever that has persisted for
more than 48 hours; or
(C) Has symptoms or other indications of communicable disease, as the
Director may announce through posting of a notice in the FEDERAL REGISTER.
(ii) Who if onboard a vessel:
(A) Has a fever (a measured temperature of 100.4 °F [38 °C] or greater; or
feels warm to the touch; or gives a history of feeling feverish) accompanied
by one or more of the following: Skin
rash, difficulty breathing or suspected
or confirmed pneumonia, persistent
cough or cough with bloody sputum,
decreased consciousness or confusion of
recent onset, new unexplained bruising
or bleeding (without previous injury),
persistent vomiting (other than sea
sickness), headache with stiff neck; or
(B) Has a fever that has persisted for
more than 48 hours; or
(C) Has acute gastroenteritis, which
means either diarrhea, defined as three
or more episodes of loose stools in a 24hour period or what is above normal
for the individual, or vomiting accompanied by one or more of the following:
One or more episodes of loose stools in
a 24-hour period, abdominal cramps,
headache, muscle aches, or fever (temperature of 100.4 °F [38 °C] or greater);
or
(D) Has symptoms or other indications of communicable disease, as the
Director may announce through posting of a notice in the FEDERAL REGISTER.
Indigent means an individual whose
annual family income is below 200% of
the applicable poverty guidelines updated periodically in the FEDERAL REGISTER by the U.S. Department of
Health and Human Services under the
authority of 42 U.S.C. 9902(2) or, if no
income is earned, liquid assets totaling
less than 15% of the applicable poverty
guidelines.
International Health Regulations or
IHR means the International Health
Regulations of the World Health Organization, adopted by the Fifty-Eighth
World Health Assembly in 2005, as may
be further amended, and subject to the
United States’ reservation and understandings.
International voyage means:
(i) 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
(ii) 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 the separation of an
individual or group who is reasonably
believed to be infected with a quarantinable communicable disease from
those who are healthy to prevent the
spread of the quarantinable communicable disease.
Master or operator with respect to a
vessel, means the sea crew member
with responsibility for vessel operation
and navigation, or a similar individual
with responsibility for a carrier. Consistent with the definition of ‘‘operate’’
in 14 CFR 1.1, ‘‘operator’’ means, with
respect to aircraft, any person who
uses, causes to use or authorizes to use
aircraft, for the purpose (except as provided in 14 CFR 91.13) of air navigation
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Public Health Service, HHS
§ 71.1
including the piloting of aircraft, with
or without the right of legal control (as
owner, lessee, or otherwise).
Medical examination means the assessment of an individual by an authorized
and licensed health worker to determine the individual’s health status and
potential public health risk to others
and may include the taking of a medical history, a physical examination,
and collection of human biological
samples for laboratory testing as may
be needed to diagnose or confirm the
presence or extent of infection with a
quarantinable communicable disease.
Medical reviewer means a physician,
nurse practitioner, or similar medical
professional qualified in the diagnosis
and treatment of infectious diseases
who is appointed by the Secretary or
Director to conduct medical reviews
under this part and may include an
HHS or CDC employee, provided that
the employee differs from the CDC official who issued the Federal order for
quarantine, isolation, or conditional
release.
Military services means the U.S.
Army, the U.S. Air Force, the U.S.
Navy, and the U.S. Coast Guard.
Non-invasive means procedures conducted by an authorized public health
worker (i.e., an individual with education and training in the field of public health) or another individual with
suitable public health training and includes the visual examination of the
ear, nose, and mouth; temperature assessments using an ear, oral, cutaneous, or noncontact thermometer, or
thermal imaging; and other procedures
not involving the puncture or incision
of the skin or insertion of an instrument or foreign material into the body
or a body cavity excluding the ear,
nose, and mouth.
Possession means U.S. territory.
Public health prevention measures
means the assessment of an individual
through non-invasive procedures and
other means, such as observation, questioning, review of travel documents,
records review, and other non-invasive
means, to determine the individual’s
health status and potential public
health risk to others.
Quarantine means the separation of
an individual or group reasonably believed to have been exposed to a quar-
antinable communicable disease, but
who is not yet ill, from others who
have not been so exposed, to prevent
the possible spread of the quarantinable communicable disease.
Quarantinable communicable disease
means any of the communicable diseases listed in an Executive Order, as
provided under § 361 of the Public
Health Service Act (42 U.S.C. § 264). Executive Order 13295, of April 4, 2003, as
amended by Executive Order 13375 of
April 1, 2005, 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 that Web site.
Representatives means a physician,
nurse practitioner, or similar medical
professional qualified in the diagnosis
and treatment of infectious diseases,
and an attorney who is knowledgeable
of public health practices, who are appointed by the Secretary or Director
and may include HHS or CDC employees, to assist an indigent individual
under Federal quarantine, isolation, or
conditional release with a medical review under this part.
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.
Secretary means the Secretary of
Health and Human Services (HHS) or
any other officer or employee of that
Department to whom the authority involved has been delegated.
Surveillance means the temporary supervision by a public health official (or
designee) of an individual or group,
who may have been exposed to a quarantinable communicable disease, to determine the risk of disease spread.
U.S. port means any seaport, airport,
or border crossing point under the control of the United States.
U.S. territory means any territory
(also known as possessions) of the
United States, including American
Samoa, Guam, the Northern Mariana
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§ 71.2
42 CFR Ch. I (10–1–18 Edition)
Islands, the Commonwealth of Puerto
Rico, and the U.S. Virgin Islands.
United States means the 50 States,
District of Columbia, and the territories (also known as possessions) of
the United States, including American
Samoa, Guam, the Northern Mariana
Islands, the Commonwealth of Puerto
Rico, and the U.S. Virgin Islands.
Vector means any animals (vertebrate
or invertebrate) including arthropods
or any noninfectious self-replicating
system (e.g., plasmids or other molecular vector) or animal products that
are known to transfer, or are capable of
transferring, an infectious biological
agent to a human.
[50 FR 1519, Jan. 11, 1985, as amended at 77
FR 75890, Dec. 26, 2012; 82 FR 6973, Jan. 19,
2017]
§ 71.2
Penalties.
(a) Persons in violation of this part
are subject to a fine of no more than
$100,000 if the violation does not result
in a death or one year in jail, or both,
or a fine of no more than $250,000 if the
violation results in a death or one year
in jail, or both, or as otherwise provided by law. (b) Violations by organizations are subject to a fine of no more
than $200,000 per event if the violation
does not result in a death or $500,000
per event if the violation results in a
death or as otherwise provided by law.
[82 FR 6975, Jan. 19, 2017]
§ 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.
§ 71.4 Requirements relating to the
transmission of airline passenger,
crew, and flight information for
public health purposes.
(a) Any airline with a flight arriving
into the United States, including any
intermediate stops between the flight’s
origin and final destination, shall
make the data elements in paragraph
(b) of this section available to the Director for passengers or crew who, as
determined by the Director, may be at
risk of exposure to a communicable
disease, to the extent that such data
are already available and maintained
by the airline, within 24 hours of an
order by the Director and in a format
available and acceptable to both the
airline and the Director.
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Public Health Service, HHS
§ 71.5
(b) The data elements referred to in
paragraph (a) of this section include:
(1) Full name (last, first, and, if
available, middle or others);
(2) Date of birth;
(3) Sex;
(4) Country of residence;
(5) If a passport is required: Passport
number, passport country of issuance,
and passport expiration date;
(6) If a travel document other than a
passport is required: Travel document
type, travel document number, travel
document country of issuance and
travel document expiration date;
(7) Address while in the United
States (number and street, city, State,
and zip code), except that U.S. citizens
and lawful permanent residents will
provide address of permanent residence
in the U.S. (number and street, city,
State, and zip code);
(8) Primary contact phone number to
include country code;
(9) Secondary contact phone number
to include country code;
(10) Email address;
(11) Airline name;
(12) Flight number;
(13) City of departure;
(14) Departure date and time;
(15) City of arrival;
(16) Arrival date and time; and
(17) Seat number.
(c) No later than February 21, 2019,
the Secretary or Director will publish
and seek comment on a report evaluating the burden of this section on affected entities and duplication of activities in relation to mandatory passenger data submissions to DHS/CBP.
The report will specifically recommend
actions that streamline and facilitate
use and transmission of any duplicate
information collected.
[82 FR 6975, Jan. 19, 2017, as amended at 82
FR 31728, July 10, 2017]
§ 71.5 Requirements relating to the
transmission of vessel passenger,
crew, and voyage information for
public health purposes.
(a) The operator of any vessel carrying 13 or more passengers (excluding
crew) and, which is not a ferry as defined under 46 U.S.C. 2101 and U.S.
Coast Guard (USCG) regulations (46
CFR 2.10–25), shall make the data elements in paragraph (b) of this section
available to the Director for passengers
or crew who, as determined by the Director, may be at risk of exposure to a
communicable disease, to the extent
that such data are already in the operator’s possession, within 24 hours of an
order by the Director and in a format
available and acceptable to both the
operator and the Director.
(b) The data elements referred to in
paragraph (a) of this section include:
(1) Full name (last, first, and, if
available middle or others);
(2) Date of birth;
(3) Sex;
(4) Country of residence;
(5) If a passport is required: Passport
number, passport country of issuance,
and passport expiration date;
(6) If a travel document other than a
passport is required: Travel document
type, travel document number, travel
document country of issuance and
travel document expiration date;
(7) Address while in the United
States (number and street, city, State,
and zip code), except that U.S. citizens
and lawful permanent residents will
provide address of permanent residence
in the United States (number and
street, city, State, and zip code; as applicable);
(8) Primary contact phone number to
include country code;
(9) Secondary contact phone number
to include country code;
(10) Email address;
(11) Vessel operator;
(12) Vessel name;
(13) Voyage number;
(14) Embarkation port and date;
(15) Disembarkation port and date;
(16) All port stops; and
(17) Cabin number.
(c) No later than February 21, 2019,
the Secretary or Director will publish
and seek comment on a report evaluating the burden of this section on affected entities and duplication of activities in relation to mandatory passenger data submissions to DHS/CBP.
The report will specifically recommend
actions that streamline and facilitate
use and transmission of any duplicate
information collected.
[82 FR 6975, Jan. 19, 2017]
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§ 71.11
42 CFR Ch. I (10–1–18 Edition)
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.
Subpart C—Notice of Communicable Disease Prior to Arrival
§ 71.20 Public health prevention measures to detect communicable disease.
(a) The Director may conduct public
health prevention measures, at U.S.
ports of entry or other locations,
through non-invasive procedures as defined in section 71.1 to detect the potential presence of communicable diseases.
(b) As part of the public health prevention measures, the Director may require individuals to provide contact information such as U.S. and foreign addresses, telephone numbers, email addresses, and other contact information,
as well as information concerning their
intended destination, health status,
known or possible exposure history,
and travel history.
[82 FR 6975, Jan. 19, 2017]
71.21 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 re-
port 24 hours before arrival the number
of cases (including zero) of acute
gastroenteritis (AGE) in passengers
and crew recorded in the ship’s medical
log during the current cruise. All cases
of acute gastroenteritis (AGE) 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)
[50 FR 1519, Jan. 11, 1985, as amended at 82
FR 31729, July 10, 2017]
Subpart D—Health Measures at
U.S. Ports: Communicable Diseases
§ 71.29 Administrative records relating
to quarantine, isolation, or conditional release.
(a) The administrative record of an
individual under quarantine, isolation,
or conditional release shall, where applicable, consist of the following:
(1) The Federal order authorizing
quarantine, isolation, or conditional
release, including any subsequent Federal orders continuing or modifying the
quarantine, isolation or conditional release;
(2) Records of any available medical,
laboratory, or other epidemiologic information that are in the agency’s possession and that were considered in
issuing the Federal quarantine, isolation, or conditional release order, or
any subsequent Federal orders;
(3) Records submitted by the individual under quarantine, isolation, or
conditional release, or by an authorized advocate or representatives, as
part of a request for rescission of the
quarantine, isolation, or conditional
release or as part of a medical review;
(4) The written findings and report of
the medical reviewer, including any
transcripts of the medical review and
any written objections submitted by
the individual under Federal quarantine, isolation, or conditional release, or by an authorized advocate or
representatives;
(b) An individual subject to a Federal
public health order shall, upon request,
be served with a copy of his or her own
administrative record in its entirety.
[82 FR 6975, Jan. 19, 2017]
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Public Health Service, HHS
§ 71.32
§ 71.30 Payment for care and treatment.
(a) The Director may authorize payment for the care and treatment of individuals subject to medical examination, quarantine, isolation, and conditional release, subject to paragraphs
(b) through (h) of this section.
(b) Payment for care and treatment
shall be in the Director’s sole discretion and subject to the availability of
appropriations.
(c) Payment shall be secondary to
the obligation of the United States or
any third-party (including any State or
local governmental entity, private insurance carrier, or employer), under
any other law or contractual agreement, to pay for such care and treatment, and shall be paid by the Director
only after all third-party payers have
made payment in satisfaction of their
obligations.
(d) Payment may include costs for
providing ambulance or other medical
transportation when such services are
deemed necessary by the Director for
the individual’s care and treatment.
(e) Payment shall be limited to those
amounts the hospital, medical facility,
or medical transportation service
would customarily bill the Medicare
system using the International Classification of Diseases, Clinical Modification (ICD–CM), and relevant regulations promulgated by the Centers for
Medicare and Medicaid Services in existence at the time of billing.
(f) For quarantinable communicable
diseases, payment shall be limited to
costs for services and items reasonable
and necessary for the care and treatment of the individual for the time period beginning when the Director refers
the individual to the hospital or medical facility and ends when, as determined by the Director, the period of
apprehension, quarantine, isolation, or
conditional release expires.
(g) For diseases other than those described in paragraph (f) of this section,
such payment shall be limited to costs
for services and items reasonable and
necessary for care and treatment of the
individual for the time period that begins when the Director refers the individual to the hospital or medical facility and ends when the individual’s condition is diagnosed, as determined by
the Director, as an illness other than a
quarantinable communicable disease.
(h) For ambulance or other medical
transportation, payment shall be limited to the costs for such services and
other items reasonable and necessary
for the safe medical transport of the individual.
[82 FR 6975, Jan. 19, 2017]
§ 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, as provided under section 361 of
the Public Health Service Act (42
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§ 71.33
42 CFR Ch. I (10–1–18 Edition)
U.S.C. 264), and as amended by Executive Order 13375 of April 1, 2005, contains the current revised list of quarantinable communicable diseases, and
may be obtained at http://www.cdc.gov
and http://www.archives.gov/federal- register. 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, as amended at 77
FR 75891, Dec. 26, 2012]
§ 71.33 Persons: Isolation and surveillance.
(a) The Director will arrange for adequate food and water, appropriate accommodation,
appropriate
medical
treatment, and means of necessary
communication for persons who are apprehended or held in isolation or quarantine under this subpart.
(b) The Director may require isolation where surveillance is authorized in
this subpart whenever the Director
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 submit to surveillance, including electronic and internet-based
monitoring as required by the Director
or by the State or local health department having jurisdiction over the areas
to be visited, and report for such medical examinations as may be required.
(2) Inform the Director prior to departing the United States or prior to
traveling to any address other than
that stated as the intended destination.
(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; 82 FR 6976, Jan. 19, 2017]
§ 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)
§ 71.36 Medical examinations.
(a) The Director may require that an
individual arriving into the United
States undergo a medical examination
as part of a Federal order for quarantine, isolation, or conditional release.
(b) The Director shall promptly arrange for the medical examination to
be conducted when one is required
under this section and shall as part of
the Federal order advise the individual
that the medical examination shall be
conducted by an authorized and licensed health worker, and with prior
informed consent.
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§ 71.38
(c) As part of the medical examination, the Director may require that an
individual provide information and undergo such testing, as may be reasonably necessary, to diagnose or confirm
the presence, absence, or extent of infection with a quarantinable communicable disease.
(d) Individuals reasonably believed to
be infected, based on the results of a
medical examination, may be isolated,
or if such results are inconclusive or
unavailable, individuals may be quarantined or conditionally released in accordance with this part.
[82 FR 6976, Jan. 19, 2017]
§ 71.37 Requirements relating to the
issuance of a Federal order for
quarantine, isolation, or conditional
release.
(a) A Federal order authorizing quarantine, isolation, or conditional release
shall be in writing, signed by the Director, and contain the following information:
(1) The identity of the individual or
group subject to the order;
(2) The location of the quarantine or
isolation or, in the case of conditional
release, the entity to who and means
by which the individual shall report for
public health supervision;
(3) An explanation of the factual
basis underlying the Director’s reasonable belief that the individual is exposed to or infected with a quarantinable communicable disease;
(4) An explanation that the Federal
order will be reassessed no later than
72 hours after it has been served and an
explanation of the medical review of
the Federal order pursuant to this
part, including the right to request a
medical review, present witnesses and
testimony at the medical review, and
to be represented at the medical review
by either an advocate (e.g., an attorney, family member, or physician) at
the individual’s own expense, or, if indigent, to have representatives appointed at the government’s expense;
(5) An explanation of the criminal
penalties for violating a Federal order
of quarantine, isolation, or conditional
release; and
(6) An explanation that if a medical
examination is required as part of the
Federal order that the examination
will be conducted by an authorized and
licensed health worker, and with prior
informed consent.
(b) A Federal order authorizing quarantine, isolation, or conditional release
shall be served on the individual no
later than 72 hours after the individual
has been apprehended, except that the
Federal order may be published or
posted in a conspicuous location if applicable to a group of individuals and
individual service would be impracticable.
(c) The Director shall arrange for
translation or interpretation services
of the Federal order as needed.
(d) Nothing in these regulations shall
affect the constitutional or statutory
rights of individuals to obtain judicial
review of their federal detention.
[82 FR 6976, Jan. 19, 2017]
§ 71.38 Mandatory reassessment of a
Federal order for quarantine, isolation, or conditional release (surveillance).
(a) The Director (excluding the CDC
official who issued the quarantine, isolation, or conditional release order)
shall reassess the need to continue the
quarantine, isolation, or conditional
release of an individual no later than 72
hours after the service of the Federal
order.
(b) As part of the reassessment, the
Director (excluding the CDC official
who issued the quarantine, isolation,
or conditional release order) shall review all records considered in issuing
the Federal order, including travel
records, records evidencing exposure or
infection with a quarantinable communicable disease, as well as any relevant
new information.
(c) As part of the reassessment, and
where applicable, the Director (excluding the CDC official who issued the
quarantine, isolation, or conditional
release order) shall consider and make
a determination regarding whether less
restrictive alternatives would adequately serve to protect the public
health.
(d) At the conclusion of the reassessment, the Director (excluding the CDC
official who issued the quarantine, isolation, or conditional release order)
shall promptly issue a written Federal
order directing that the quarantine,
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§ 71.39
42 CFR Ch. I (10–1–18 Edition)
isolation, or conditional release be continued, modified, or rescinded.
(e) In the event that the Director orders that the quarantine, isolation, or
conditional release be continued or
modified, the written Federal order
shall explain the process for requesting
a medical review under this part.
(f) The Director’s written Federal
order shall be promptly served on the
individual, except that the Federal
order may be served by publication or
by posting in a conspicuous location if
applicable to a group of individuals and
individual service would be impracticable.
(g) The Director shall arrange for
translation or interpretation services
of the Federal order as needed.
[82 FR 6976, Jan. 19, 2017]
§ 71.39 Medical review of a Federal
order for quarantine, isolation, or
conditional release.
(a) The Director shall, as soon as
practicable, arrange for a medical review upon a request by an individual
under Federal quarantine, isolation, or
conditional release.
(b) A request for a medical review
may only occur after the Director’s
mandatory reassessment under 71.38
and following the issuance and service
of a Federal order continuing or modifying the quarantine, isolation, or conditional release.
(c) The medical review shall be for
the purpose of ascertaining whether
the Director has a reasonable belief
that the individual is infected with a
quarantinable communicable disease.
(d) The Director shall notify the individual in writing of the time and place
of the medical review.
(e) The Director (excluding the CDC
official who issued the quarantine, isolation, or conditional release order)
shall designate a medical reviewer to
review the medical or other evidence
presented at the review, make medical
or other findings of fact, and issue a
recommendation concerning whether
the Federal order for quarantine, isolation, or conditional release should be
rescinded, continued, or modified.
(f) The individual subject to Federal
quarantine, isolation, or conditional
release may authorize an advocate
(e.g., an attorney, family member, or
physician) at his or her own expense to
submit medical or other evidence and,
in the medical reviewer’s discretion, be
allowed to present a reasonable number
of medical experts. The Director shall
appoint representatives at government
expense to assist the individual for purposes of the medical review upon a request and certification, under penalty
of perjury, by that individual that he/
she is indigent.
(g) Prior to the convening of the review, the individual or his/her authorized advocate or representatives shall
be provided a reasonable opportunity
to examine the available medical and
other records involved in the medical
review pertaining to that individual.
(h) The Director shall take such
measures that he/she determines to be
reasonably necessary to allow an individual under Federal quarantine or isolation to communicate with any authorized advocate or representatives in
such a manner as to prevent the possible spread of the quarantinable communicable disease.
(i) The medical reviewer may order a
medical examination of an individual
when, in the medical reviewer’s professional judgment, such an examination
would assist in assessing the individual’s medical condition.
(j) As part of the review, and where
applicable, the medical reviewer shall
consider and accept into the record evidence concerning whether less restrictive alternatives would adequately
serve to protect public health.
(k) The medical review shall be conducted by telephone, audio or video
conference, or through other means
that the medical reviewer determines
in his/her discretion are practicable for
allowing the individual under quarantine, isolation, or conditional release
to participate in the medical review.
(l) At the conclusion of the review,
the medical reviewer shall, based upon
his or her review of the facts and other
evidence made available during the
medical review, issue a written report
to the Director (excluding the CDC official who issued the quarantine, isolation, or conditional release order) concerning whether, in the medical reviewer’s professional judgment, the
Federal quarantine, isolation, or conditional release should continue. The
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Public Health Service, HHS
§ 71.44
written report shall include a determination regarding whether less restrictive alternatives would adequately
serve to protect public health. The
written report shall be served on the
individual and the individual’s authorized advocate or representatives.
(m) The Director (excluding the CDC
official who issued the quarantine, isolation, or conditional release order)
shall, as soon as practicable, review the
written report and any objections that
may be submitted by the individual or
the individual’s advocate or representatives that contest the findings and
recommendation contained in the medical reviewer’s written report. Upon
conclusion of the review, the Director
(excluding the CDC official who issued
the quarantine, isolation, or conditional release order) shall promptly
issue a written Federal order directing
that the quarantine, isolation, or conditional release be continued, modified,
or rescinded. In the event that the Director (excluding the CDC official who
issued the quarantine, isolation, or
conditional release order) continues or
modifies the Federal quarantine, isolation, or conditional release, the Director’s written order shall include a
statement that the individual may request that the Director rescind the
Federal quarantine, isolation, or conditional release, but based only on a
showing of significant, new or changed
facts or medical evidence that raise a
genuine issue as to whether the individual should continue to be subject to
Federal quarantine, isolation, or conditional release. The written Federal
order shall be promptly served on the
individual and the individual’s authorized advocate or representatives, except that the Federal order may be
served by publication or by posting in
a conspicuous location if applicable to
a group of individual’s and individual
service would be impracticable.
(n) The Director’s written order shall
not constitute final agency action
until it has been served on the individual or the individual’s authorized
advocate or representatives, or alternatively, if applicable to a group of individuals and individual service would
be impracticable, it is published or
posted.
(o) The Director (excluding the CDC
official who issued the quarantine, isolation, or conditional release order)
may order the consolidation of one or
more medical reviews if the number of
individuals or other factors makes the
holding of individual medical reviews
impracticable.
(p) The Director may issue additional
instructions as may be necessary or desirable governing the conduct of medical reviews.
(q) The Director shall arrange for
translation or interpretation services
as needed for purposes of this section.
[82 FR 6976, Jan. 19, 2017]
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
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§ 71.45
42 CFR Ch. I (10–1–18 Edition)
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.
(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.
§ 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 and
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
§ 71.50 Scope and definitions.
(a) The purpose of this subpart is to
prevent the introduction, transmission,
and spread of communicable human
disease resulting from importations of
various animal hosts or vectors or
other etiological agents from foreign
countries into the United States.
(b) In addition to terms in § 71.1, the
terms below, as used in this subpart,
shall have the following meanings:
Animal product or Product means the
hide, hair, skull, teeth, bones, claws,
blood, tissue, or other biological samples from an animal, including trophies, mounts, rugs, or other display
items.
Educational purpose means use in the
teaching of a defined educational program at the university level or equivalent.
Exhibition purpose means use as 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
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§ 71.51
must be routinely schedule for multiple performances each week and open
to the general public except for reasonable vacation and retraining periods.
In transit means animals that are located within the United States, whether their presence is anticipated, scheduled, or not, as part of the movement
of those animals between a foreign
country of departure and foreign country of final destination without clearing customs and officially entering the
United States.
Isolation when applied to animals
means the separation of an ill animal
or ill group of animals from individuals, or other animals, or vectors of
disease in such a manner as to prevent
the spread of infection.
Licensed veterinarian means an individual who has obtained both an advanced degree and valid license to
practice animal medicine.
Person means any individual or partnership, firm, company, corporation,
association, organization, or similar
legal entity, including those that are
not-for-profit.
Quarantine when applied to animals
means the practice of separating live
animals that are reasonably believed to
have been exposed to a communicable
disease, but are not yet ill, in a setting
where the animal can be observed for
evidence of disease, and where measures are in place to prevent transmission of infection to humans or animals.
Render noninfectious means treating
an animal product (e.g., by boiling, irradiating, soaking, formalin fixation,
or salting) in such a manner that renders the product incapable of transferring an infectious biological agent to a
human.
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.
You or your means an importer,
owner, or an applicant.
[77 FR 75891, Dec. 26, 2012]
§ 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.
(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,
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§ 71.51
42 CFR Ch. I (10–1–18 Edition)
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 Divi-
sion 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
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.
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Public Health Service, HHS
§ 71.52
(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.
(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.
(Approved by the Office of Management and
Budget under control number 0920–0134)
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§ 71.53
42 CFR Ch. I (10–1–18 Edition)
§ 71.53 Requirements for importers of
nonhuman primates.
(a) Purpose. The purpose of this section is to prevent the transmission of
communicable disease from nonhuman
primates (NHPs) imported into the
United States, or their offspring, to humans. The regulations in this section
are in addition to other regulations
promulgated by the Secretary to prevent the introduction, transmission,
and spread of communicable diseases
under 42 CFR part 71, subpart A and 42
CFR part 70.
(b) Scope. This section applies to any
person importing a live NHP into the
United States, including existing importers, any person applying to become
a registered importer, and any person
importing NHP products.
(1) Importers must make their facilities, vehicles, equipment, and business
records, including employee health
records and animal health records,
used in the importation of NHPs, available to HHS/CDC for inspection during
operating business days and hours, and
at other necessary and reasonable
times, to enable HHS/CDC to ascertain
compliance with the regulations in this
section.
(2) Nothing in this section supersedes
or preempts enforcement of emergency
response requirements imposed by statutes or other regulations.
(c) Acronyms, initialisms, and definitions.
(1) For the purposes of this section:
AAALAC means the Association for
Assessment and Accreditation of Laboratory Animal Care International.
AZA means the Association of Zoos
and Aquariums.
CITES means the Convention on
International Trade in Endangered
Species.
ELISA
means
enzyme-linked
immunosorbent assay, a type of laboratory test that measures antibodies or
detects antigens for specific pathogens.
HHS/CDC means U.S. Department of
Health and Human Services, Centers
for Disease Control and Prevention, or
an authorized representative acting on
its behalf.
IACUC means Institutional Animal
Care and Use Committee.
MOT means mammalian old tuberculin, a biological product used as a di-
agnostic tool in the evaluation for
mycobacterial (TB and related bacteria) infections.
NIOSH means the National Institute
for Occupational Safety and Health,
Centers for Disease Control and Prevention, U.S. Department of Health
and Human Services.
PPE
means
personal
protective
equipment, such as gloves, respirators,
and other devices used in preventing
the spread of communicable diseases.
SOPs means standard operating procedures.
TB means tuberculosis.
TST means tuberculin skin test.
USDA means United States Department of Agriculture.
(2) For purposes of this section, the
terms listed below shall have the following meanings:
Animal act means any use of NHPs,
including offspring, for entertainment
in which the NHPs are trained to perform some behavior or action and are
part of a routinely scheduled show, performance, or exhibition, open to the
general public.
Breeding colony means a facility
where NHPs, including offspring, are
maintained for reproductive purposes.
Broker means a person or organization within the United States that acts
as an official agent of an exporter of
NHPs from another country, or as an
intermediary between such an exporter
and an importer of NHPs.
Cohort means a group of NHPs imported together into the United States.
Director means the Director of the
Centers for Disease Control and Prevention, U.S. Department of Health
and Human Services, or an authorized
representative.
Educational purpose means the use of
NHPs, including offspring, in the
teaching of a defined educational program at the university level or equivalent.
Exhibition purposes means the use of
NHPs, including offspring, as part of a
public display open to the general public during routinely scheduled hours in
a facility that meets or exceeds AZA
accreditation standards.
Importer means any person importing,
or attempting to import, a live NHP
into the United States, including an
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Public Health Service, HHS
§ 71.53
applicant to become a registered importer. Within the meaning of this section, ‘‘importer’’ includes any person
maintaining a facility or institution
housing NHPs during quarantine. Within the meaning of this section, ‘‘importer’’ also includes the agent of any
animal act, laboratory, or zoo that is
subject to or carries out responsibilities in accordance with the regulations in this section.
In transit means NHPs located within
the United States that are not intended for import, whether scheduled
or not, as part of the movement of
those NHPs between a foreign country
of departure and foreign country of
final destination.
Lab or laboratory means a facility in
the United States accredited by
AAALAC or licensed by USDA, conducting research using NHPs, having
foreign based facilities, and intending
to transfer or transferring one or more
NHPs that were originally part of an
institutionally approved, ongoing protocol, from its foreign-based facility
into its United States facility for purposes related to that specific research
project.
Licensed veterinarian means a person
who has graduated from a veterinary
school accredited by the American Veterinary Medical Association’s Council
on Education, or has a certificate
issued by the American Veterinary
Medical Association’s Education Commission for Foreign Veterinary Graduates, or has received equivalent formal education as determined by the
HHS/CDC; and has received training
and/or experience in the care and management of nonhuman primates.
Medical consultant means an occupational health physician, physician’s assistant, or registered nurse, who is
knowledgeable about the risks to
human health associated with NHPs.
Nonhuman primate or NHP means all
nonhuman members of the Order Primates.
NHP product or Product means skulls,
skins, bodies, blood, tissues, or other
biological samples from a nonhuman
primate, including trophies, mounts,
rugs, or other display items.
Offspring means the direct offspring
of any live NHPs imported into the
United States and the descendants of
any such offspring.
Old World Nonhuman Primate means
all nonhuman primates endemic to
Asia or Africa.
Pathogen means any organism or substance capable of causing a communicable disease.
Permitted purpose means the use of
NHPs for scientific, educational, or exhibition purposes as defined in this section.
Person means any individual or partnership, firm, company, corporation,
association, organization, including a
not-for-profit organization, such as a
sanctuary, or other legal entity.
Quarantine means the practice of isolating live NHPs for at least 31 days
after arrival in a U.S. quarantine facility where the NHPs are observed for
evidence of infection with communicable disease, and where measures
are in place to prevent transmission of
infection to humans or NHPs within
the cohort.
Quarantine facility means a facility
used by a registered importer of NHPs
for the purpose of quarantining imported NHPs.
Quarantine room means a room in a
registered import facility for housing
imported NHPs during the quarantine
period.
Scientific purposes means the use of
NHPs including offspring for research
following a defined protocol and other
standards for research projects as normally conducted at the university
level.
Zoo means:
(1) Within the United States, an
AZA-accredited
and
professionally
maintained park, garden, or other
place in which animals are kept for
public exhibition and viewing; or
(2) Outside of the United States, a
professionally maintained park, garden, or other place in which animals
are kept for public exhibition and viewing that meets or exceeds the accrediting standards of the AZA.
Zoonotic disease means any infectious
agent or communicable disease that is
capable of being transmitted from animals (both wild and domestic) to humans.
(d) General prohibition on importing
nonhuman primates. (1) A person may
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§ 71.53
42 CFR Ch. I (10–1–18 Edition)
not import live NHPs into the United
States unless the person is registered
with HHS/CDC as a NHP importer in
accordance with this section.
(2) A person may only import live
NHPs into the United States for:
(i) Permitted purposes, as defined
under paragraph (c)(2) of this section;
or
(ii) Use in breeding colonies, provided
that all offspring will be used only as
replacement breeding stock or for permitted purposes.
(3) A person may not accept, maintain, sell, resell, or otherwise distribute imported NHPs (including their
offspring) for use as pets, as a hobby, or
as an avocation with occasional display
to the general public.
(e) Disposal of prohibited or excluded
NHPs. (1) HHS/CDC may seize, examine,
isolate, quarantine, export, treat, or
destroy any NHP if:
(i) It is imported through a location
other than an authorized port of entry;
(ii) It is imported for other than permitted purposes;
(iii) It is maintained, sold, resold, or
distributed for other than permitted
purpose;
(iv) It is imported by a person who is
not a registered importer; or
(v) It is otherwise deemed to constitute a public health threat by the
Director.
(2) For any NHP arriving in the
United States through an unauthorized
location, for other than the permitted
purposes, or by a person who is not a
registered importer, the person attempting to import that NHP, must, as
approved by the Director and at the
person’s own expense, do one of the following:
(i) Export or arrange for destruction
of the NHP, or
(ii) Donate the NHP for a scientific,
educational, or exhibition purpose
after quarantine at a HHS/CDC-registered facility.
(3) If the person attempting to import a NHP fails to dispose of the NHP
by one of the options described in paragraph (e)(2) of this section, the Director will dispose of the NHP at the person’s expense.
(4) Pending disposal of any prohibited
or excluded NHPs, the NHP will be de-
tained at the person’s expense at a location approved by the Director.
(f) Authorized ports of entry for live
NHPs. (1) An importer may import live
NHPs into the United States only
through a port of entry where a HHS/
CDC quarantine station is located. The
list of current HHS/CDC quarantine
stations can be found at http://
www.HHS/CDC.gov/quarantine/
QuarantineStations.html.
(2) In the event that the importer is
unable to provide for entry at a port
where a HHS/CDC quarantine station is
located, the importer may only import
live NHPs into the United States
through another port of entry if the Director provides advance written approval.
(3) If prior written approval is not obtained from the Director, the importer
and excluded NHPs will be subject to
the provisions of paragraph (e) of this
section.
(g) Registration or renewal of importers.
Before importing any live NHP into the
United States, including those that are
part of an animal act or those involved
in zoo-to-zoo or laboratory-to-laboratory transfers, an importer must register with and receive written approval
from the Director.
(1) To register, or to renew a registration certificate, as an importer, a
person must submit the following documents to HHS/CDC:
(i) A completed registration/application form;
(ii) A completed statement of intent
that describes the number and types of
NHPs intended for import during the
registration period, the intended permitted purposes for which the NHPs
will be imported;
(iii) Written SOPs that include all
elements required in paragraphs (h)
through (n) of this section;
(iv) A copy of all federal, state, or
local registrations, licenses, and/or permits; and
(v) A signed, self-certification stating
that the importer is in compliance
with the regulations contained in this
section and agrees to continue to comply with the regulations in this section.
(2) Upon receiving the documentation
required by this section, the Director
will review the application and either
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Public Health Service, HHS
§ 71.53
grant or deny the application for registration as an importer. Applications
that are denied may be appealed under
paragraph (u) of this section.
(i) Before issuing a registration, the
Director may inspect any business
record, facility, vehicle, or equipment
to be used in importing NHPs.
(ii) Unless revoked in accordance
with paragraph (t) of this section, a
registration certificate issued under
this section is effective for two years
beginning from the date HHS/CDC
issues the registration certificate.
(iii) An importer must apply to HHS/
CDC for renewal of the registration
certificate not less than 30 days and
not more than 60 days before the existing registration expires.
(3) All importers must comply with
the requirements of paragraphs (h)
through (n) of this section.
(h) Documentation. An importer must
develop, and document compliance
with, a written policy that states imported NHPs, including their offspring,
will only be used and distributed for
permitted purposes.
(1) An importer must collect or create a record of the intended purpose of
importation for each imported NHP
and the purpose must comply with one
of the permitted purposes. An importer
must retain written certifications demonstrating that the NHPs and their offspring will continue to be used for permitted purposes for three years after
the distribution or transfer of the NHP.
(2) An importer must retain records
regarding each distribution of imported
NHPs. Each record must include the
identity of any recipients, the number
and identity of each NHP in each shipment or sale, and the dates of each
shipment or sale, for three years after
the distribution or transfer of the NHP.
(3) An importer must maintain these
records in an organized manner, either
electronically or in a central location
that is at or in close proximity to the
NHP facility to allow HHS/CDC to easily inspect the records during HHS/CDC
site visits during regular business
hours or within one hour of such visits.
If records are maintained electronically, they must be time-dated in a
manner than cannot be altered, and redundant back-up copies must be made
in a manner that protects against loss.
(4) Before distributing or transferring
an imported NHP, an importer must:
(i) Communicate to the recipients of
NHPs, in writing, the restrictions and
definitions of permitted purposes; and
(ii) Obtain written certifications
from the intended recipient that the
NHPs will be used and distributed only
for permitted purposes.
(i) Worker protection plan and personal
protective Equipment. (1) In addition to
complying with the requirements of
this section, an importer must comply
with all relevant federal and state requirements relating to occupational
health and safety.
(2) Importers must have a written
worker protection plan for anyone
whose duties may result in exposure to
NHPs, including procedures for appropriate response measures in the event
of an emergency. An importer must adhere to the plan and SOPs and must ensure that each worker covered under
the plan also adheres to it and all pertinent SOPs.
(3) An importer must contact HHS/
CDC immediately by telephone, text,
or email, as specified in the importer’s
SOP, to report any instance of a worker exposed to a zoonotic illness and
must include instructions for contacting HHS/CDC in its worker protection plan.
(4) A worker protection plan must include the following:
(i) Procedures to protect and train
transport workers in how to avoid and
respond to zoonotic disease exposures
associated with NHPs, including procedures for appropriate responses in the
event of a vehicle crash or other emergency during transport;
(ii) Hazard evaluation and worker
communication procedures that adhere
to those in paragraph (i)(5) of this section;
(iii) PPE requirements that adhere to
those in paragraph (i)(6) of this section;
(iv) TB-control requirements that adhere to those in paragraph (i)(7) of this
section;
(v) If applicable, SOPs that adhere to
requirements relating to macaques as
described in paragraph (i)(8) of this section;
(vi) An infection-prevention program,
including infection-prevention methods
requiring, at a minimum, PPE and
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§ 71.53
42 CFR Ch. I (10–1–18 Edition)
workplace practices for preventing infection among workers whose duties
may result in exposure to NHPs and:
(A) SOPs that include requirements
for preventing workplace infection
from potentially contaminated needles
or other sharp instruments and that, at
a minimum, prohibit workers from recapping used needles by hand; removing needles by hand; or otherwise bending, breaking, or manipulating used
needles by hand.
(B) SOPs requiring that used disposable syringes and needles, scalpel
blades, and other sharp items be placed
in puncture-resistant containers kept
as close to the work site as practical
and disinfected and/or disposed of as
hazardous waste.
(C) SOPs requiring that removable,
disposable PPE be autoclaved, incinerated, or otherwise disposed of as biohazardous waste. Nondisposable clothing worn in the quarantine facility
must be disinfected on site before laundering.
(D) An infection-prevention program
that requires NHP handlers to cleanse
all bites, scratches, and/or mucosal surfaces or abraded skin exposed to blood
or body fluids immediately and thoroughly.
(E) Infection-prevention procedures
that require workers to immediately
flush their eyes with water for at least
15 minutes following an exposure of
blood or body fluids to the eye.
(vii) Post-exposure procedures that
provide potentially exposed workers
with direct and rapid access to a medical consultant including:
(A) Procedures ensuring that exposed
workers have direct and immediate access to a medical consultant who has
been previously identified in the SOPs
to HHS/CDC.
(B) For potential exposures to herpes
B virus, post-exposure procedures that
require the routing of diagnostic specimens to the National B Virus Resource
Center located at Georgia State University in Atlanta, Georgia, or another
location as specified by HHS/CDC.
(viii) Procedures for documenting the
frequency of worker training, including
for those working in the quarantine facility.
(5) As part of the worker protection
plan described in this paragraph (i), an
importer must establish, implement,
and maintain hazard evaluation and
worker communication procedures that
include the following:
(i) A description of the known
zoonotic disease and injury hazards associated with handling NHPs;
(ii) The need for PPE when handling
NHPs and training in proper use of
PPE, including re-training and reinforcement of appropriate use;
(iii) Procedures for monitoring workers for signs of zoonotic illness, including procedures that ensure reporting to
HHS/CDC by telephone, text, or email
within 24 hours of the occurrence of illness in any worker suspected of having
a zoonotic disease; and
(iv) Procedures for disinfection of
garments, supplies, equipment, and
waste.
(6) As part of the worker protection
plan described in this paragraph (i), an
importer must identify the PPE required for each task or working area.
Additionally, in this part of the worker
protection plan, an importer must ensure the following:
(i) Any required PPE must be available to workers when needed;
(ii) Workers in direct contact with
NHPs must wear the following:
(A) Gloves of sufficient thickness to
reduce the risk of cuts, scratches, and
punctures;
(B) At a minimum, disposable
NIOSH-approved N95 respirators, in
compliance
with
OSHA
29
CFR
§ 1910.134, which requires a respiratory
protection program;
(C) Face shields or eye protection;
and
(D) Outer protective clothing when
opening crates, removing foreign materials from crates, feeding NHPs, removing dead NHPs, or handling bedding
materials.
(iii) Workers handling crates or pallets containing NHPs must wear the
following:
(A) Elbow-length, reinforced leather
gloves or equivalent gloves that prevent penetration of splinters, other
crating materials, or debris;
(B) Outer protective clothing;
(C) Waterproof shoes or boots;
(D) NIOSH-approved respiratory protection that is compliant with OSHA
regulations at 29 CFR 1910.134, and;
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Public Health Service, HHS
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(E) Face shields or eye protection.
(iv) Workers whose faces may come
within 5 feet of an NHP must wear disposable
NIOSH-approved
N95
respirators and either face shields or eye
protection to protect against aerosol or
droplet transmission of pathogens;
(v) Workers must remove disposable
PPE and discard as a biohazard; and
(vi) Workers must not drink, eat, or
smoke while physically handling NHPs
or cages, crates, or other materials
from such NHPs.
(7) For TB protection, an importer
must ensure the following:
(i) Workers in a facility housing
NHPs must have a baseline evaluation
for TB prior to working with NHPs and
an evaluation at least annually;
(ii) Prompt and direct access to a
medical consultant who is capable of
performing the evaluation and maintaining records for such tests;
(iii) If an NHP is found to have laboratory-confirmed TB, any worker who
had previously entered any room where
a confirmed NHP has been housed must
promptly undergo a post-exposure TB
evaluation and
(A) If that test is negative, the worker must undergo another TB evaluation
3 months later; and
(B) If either test is reactive, the
worker must be referred for medical
evaluation; and
(C) The HHS/CDC must be immediately notified of the results of the
medical evaluation by telephone, text,
or email as specified in the importer’s
SOPs.
(iv) Compliance with exposure-control planning elements under 29 CFR
1910.1030 for workers who will have parenteral and other contact with blood or
other potentially infectious material
from NHPs and compliance with the
respiratory protection requirements in
29 CFR 1910.134.
(8) For importation of macaques, an
importer must develop, implement and
adhere to a written PPE program to
prevent herpes B virus transmission.
The program must be based on a thorough hazard assessment of all work
procedures, potential routes of exposure (e.g., bites, scratches, or mucosal
exposures), and potential adverse
health outcomes.
(9) An importer must keep records of
all serious febrile illnesses (fever greater than 101.3 degrees Fahrenheit [38.5
degrees Celsius] for more than 48
hours) in workers having exposure to
NHPs in transit or in quarantine. The
record must be kept by the importer as
part of the worker’s administrative
records. The importer must promptly
notify HHS/CDC by telephone, text, or
email if such an illness occurs. An importer must ensure that the medical
consultant providing care is informed
that the patient works with and/or has
been exposed to NHPs.
(j) SOP requirements and equipment
standards for crating, caging, and transporting live nonhuman primates. Equipment standards for crating, caging, and
transporting live NHPs must be in accordance with USDA Animal Welfare
regulation standards (9 CFR parts 1, 2,
and 3) and International Air Transport
Association standards, and an importer
must establish, implement, maintain,
and adhere to SOPs that ensure the following requirements are met:
(1) Any crate used to transport NHPs
must be free of sharp projections that
could scratch or otherwise injure workers or NHPs.
(2) Glass items must not be used for
feeding or watering NHPs during transport.
(3) NHPs must only be removed from
crates in an approved quarantine facility under the supervision of a licensed
veterinarian.
(4) NHPs must not be removed from
crates during transport.
(5) Upon arrival into the United
States, only an importer or an authorized representative may receive the
NHPs from a conveyance (e.g., airplane,
ship). The importer must establish an
emergency contingency plan in the unlikely event they are unable to meet
the shipment.
(6) All reusable items must be decontaminated between uses.
(7) At all times during transport,
crates containing NHPs must be separated by a physical barrier from workers, other individuals, and all other
animals and cargo, or by a spatial barrier greater than 5 feet, that prevents
contamination of cargo or individuals
with bodily fluids, feces, or soiled bedding.
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(8) At all times during transport, individuals traveling with the shipment
must be protected from shared air of
NHPs to prevent the transmission of
zoonotic diseases. Airflow must be
unidirectional from NHP transport
workers to NHPs or, if any air is recirculated to the NHP transport workers,
it must be HEPA-filtered. If a ventilation system is not in place, all NHP
transport workers must wear respiratory protection.
(9) If traveling by plane, crates containing NHPs should be loaded in the
cargo hold last and removed first, must
be placed on plastic that prevents spillage onto the deck of the plane, and
must be placed on pallets or double
crated to ensure separation from other
cargo.
(10) Workers, as well as NHPs, must
be protected from communicable disease exposures at any facility used en
route, including transportation holding
facilities. An importer must maintain
a description of any transportation
holding facilities and document the
communicable
disease
prevention
measures taken to protect workers at
facilities used en route.
(11) For each import, documentation
must be made of the communicable disease-prevention procedures to be carried out in every step of the chain of
custody, from the time of embarkation
of the NHPs at the country of origin
until arrival at the quarantine facility.
(12) Procedures to ensure that aircraft, ship, vehicles, and related equipment are decontaminated following
transport.
(13) Used PPE, bedding, and other potentially contaminated material must
be removed from the ground transport
vehicle upon arrival at the quarantine
facility and disposed of as biohazardous
waste.
(k) Ground transport vehicles. An importer must establish, implement,
maintain, and adhere to SOPs for
ground transport vehicles transporting
NHPs that meet the following requirements.
(1) Ground transport vehicles must
have a separate cargo compartment
with separate heating, ventilation, and
air-conditioning systems.
(2) The interior surfaces of ground
transport vehicle cargo compartments
must be of smooth construction, easy
to clean and disinfect.
(3) Used PPE, bedding, and other potentially contaminated material must
be removed from the ground transport
vehicle upon arrival at the quarantine
facility and disposed of as biohazardous
waste by a licensed facility.
(4) Ground transport vehicle cargo
compartments must be large enough to
allow safe stowage of NHP crates in a
manner that allows ready access to
each NHP during transit without unloading any crates.
(5) After transport of the NHP shipment from the port of entry to the
quarantine facility, the importer must
notify HHS/CDC in writing, text message, or email as specified within the
SOP, within 48 hours of the time the
shipment arrived at the quarantine facility.
(6) As part of the notification of arrival in paragraph (k)(5) of this section,
an importer must inform HHS/CDC
whether suspected or confirmed transmission or spread of communicable disease occurred during transport, including notification of NHPs that died, became ill, or were injured during transport, or malfunctions associated with
disease-mitigation procedures or equipment.
(l) Quarantine facilities. (1) The requirements of this paragraph (l) relating to quarantine facilities do not
apply
to
laboratory-to-laboratory
transfers or zoo-to-zoo transfers that
are in compliance with paragraphs
(p)(2) and (q)(2) of this section, respectively.
(2) An importer must maintain a
quarantine facility for holding a cohort
during the required quarantine period.
NHPs must be quarantined for 31 days
after arrival at the importer’s quarantine facility. HHS/CDC may extend
the quarantine period if an importer or
HHS/CDC finds or suspects that an
NHP is infected with, or has been exposed to, a zoonotic disease, or if an
importer or HHS/CDC finds a need for
additional diagnostic testing.
(i) For any quarantine facility established or maintained under this section, an importer must establish, implement, maintain, and adhere to SOPs
that meet the following physical security requirements:
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(A) The facility must be locked and
secure, with access limited to authorized, trained, and knowledgeable personnel.
(B) An importer must limit access to
NHP quarantine areas to authorized
personnel who are responsible for the
transport, study, care, or treatment of
the NHPs.
(ii) An importer must keep the number of workers involved in the care,
transport, and inspection of NHPs to
the minimum necessary to perform
these functions.
(iii) The facility must be designed
and operated in such a manner as to
allow for adequate disinfecting.
(iv) The facility must have adequate
equipment and space for discarding and
disinfecting all equipment, clothing,
and caging.
(v) Each heating ventilation and airconditioning unit in the quarantine facility must be designed so that there is
no mixing of air among quarantine
rooms and each quarantine room must
remain under negative air pressure in
relationship to the common hallway or
anteroom(s) adjacent to the quarantine
room.
(vi) Each quarantine room must have
air flow indicators (pressure gauges or
visual flow indicators) that are affixed
outside the quarantine room that indicate the direction of airflow into or out
of quarantine rooms and adjoining
common hallways and anterooms.
(3) An importer must establish, implement, maintain, and adhere to SOPs
for handling, monitoring, and testing
NHPs in quarantine that meet the following requirements:
(i) An importer must ensure that all
NHPs are identified individually with a
unique number or alphanumeric code
permanently applied to the NHP by
tattoo, microchip, or other permanent
identifier before importation or after
the
31-day
quarantine.
Tattoos,
microchips, or other permanent identifiers must not be applied during the
quarantine period.
(ii) Health certificates, shipping documents, and NHP health records must
include the number or code required in
paragraph (l)(3)(i) of this section, as
well as the age, sex, and species of the
NHP.
(iii) An importer must ensure NHPs
are confined in a squeeze-back cage
whenever possible and that any individual NHP is anesthetized, tranquilized, or otherwise restrained before
handling.
(iv) A description of handling and
transporting samples. For any procedure involving the use of a syringe, a
separate, disposable needle and syringe
must be used, including a sterile needle
and syringe for withdrawing medication from any multi-dose vials (e.g.,
ketamine).
(v) Before any contaminated item is
removed from a quarantine facility, an
importer must ensure that all NHP
waste, bedding, uneaten food, or other
possibly contaminated items are disinfected, autoclaved, or double-bagged
for disposal as biomedical waste by a
licensed facility.
(vi) All cages, feeding bottles, reusable items, and other contaminated
items must be disinfected between uses
and before disposal.
(vii) Any equipment used for infusion
of NHPs must be autoclaved or incinerated, as appropriate.
(viii) During the quarantine period,
an importer must monitor NHPs for
signs of any zoonotic illness, including
signs consistent with yellow fever,
monkeypox, or filovirus disease.
(A) If any NHP appears ill during
quarantine, an importer must monitor
that NHP for signs of zoonotic illness,
including filovirus disease, and ensure
appropriate treatment.
(B) If an Old World NHP displays
signs suggestive of filovirus infection
(e.g., diarrhea with melena or frank
blood, bleeding from external orifices
or petechiae, or suffusive hemorrhage),
and survives, an importer must collect
serum samples on day 31 of quarantine
and test these samples for antibodies
to filovirus while the entire cohort remains in quarantine. An importer must
test the serum for immunoglobulin G
(IgG) antibodies to filovirus by using
an ELISA methodology, or other method approved by HHS/CDC.
(C) An importer must not knowingly
request a release from HHS/CDC of any
ill NHP from quarantine under paragraph (l)(4) of this section.
(ix) For each NHP in a quarantine facility, an importer must administer at
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least three TSTs on the eyelid using
old mammalian tuberculin (MOT), with
at least 2 weeks between tests, before
the NHP is released from import quarantine. TSTs must be read and recorded at 24, 48, and 72 hours, and a
grading scale for interpretation of
these tests must be listed in an SOP for
TB testing.
(A) An importer must ensure that
any cohort with positive or suspicious
TST reaction remains in quarantine
and receives at least five additional
TSTs (each administered at least two
weeks apart) following removal of the
last affected NHP.
(B) The validity of TB test results
may be compromised if during quarantine an NHP contracts a viral illness, including measles; is treated with
steroids; or is immunized. An importer
must document such occurrence(s) and
hold the NHPs until they have recovered from the illness or are no longer
on treatment, and for a recommended
time after recovery (to be determined
in consultation with HHS/CDC, depending on the illness or treatment in question) before TB tests are performed.
(C) An importer must retain records
of all TSTs performed during the lifetime of each NHP at the facility housing the NHP until the NHP is transferred to another facility. These
records must accompany the NHP during moves to other facilities.
(x) An importer must ensure that different cohorts of NHPs are quarantined
in separate quarantine rooms.
(A) If mixing of cohorts should occur,
an importer must treat the mixed cohort as a single cohort.
(B) All NHPs within that mixed cohort must remain in quarantine until
each NHP in that mixed cohort has
completed the minimum 31-day quarantine period.
(C) Quarantined NHPs must be
housed in such a manner that they do
not expose non-quarantined NHPs to
non-filtered air and other potentially
infectious materials, including soiled
bedding, caging, and other potentially
contaminated items.
(4) Before releasing a NHP from quarantine, an importer must obtain written permission from HHS/CDC. HHS/
CDC may permit the release of a cohort
from quarantine when all the following
conditions have been met:
(i) The 31-day quarantine period, including any required extension of quarantine, has been completed.
(ii) HHS/CDC has confirmed receipt
of written notification of the health
status of the NHPs in the shipment
from the quarantine facility’s licensed
veterinarian as required by paragraph
(m)(4) of this section.
(iii) HHS/CDC confirms that the importer has addressed and resolved to
HHS/CDC’s satisfaction any NHP or
worker communicable disease issues
that were reported to HHS/CDC during
shipment.
(5) If HHS/CDC notifies an importer
of any evidence that NHPs have been
exposed to a zoonotic disease, the importer must, at the importer’s expense,
implement or cooperate in the HHS/
CDC’s implementation of additional
measures to rule out the spread of suspected zoonotic disease before releasing a shipment from quarantine, including examination, additional diagnostic procedures, treatment, detention, isolation, seizure, or destruction
of exposed animals.
(6) An importer must establish, implement, and adhere to SOPs for safe
handling and necropsy of any NHP that
dies in quarantine. The SOPs must ensure the following:
(i) The carcass of the NHP must be
placed in a waterproof double-bag and
properly stored for necropsy, specimen
collection, autoclaving and/or incineration, and disposal;
(ii) A necropsy must be performed by
a veterinary pathologist or state-licensed veterinarian. Each necropsy report must address all major organ systems and incorporate clinical history
and laboratory findings;
(iii) Necropsy and appropriate laboratory testing of the NHP must document the cause of death and/or rule out
zoonotic illness;
(iv) Necropsy must be performed
under biosafety level 3 (BSL3) or enhanced biosafety level 2 ‘‘plus’’ (BSL2 +
) to protect against exposure to highly
infectious agents;
(v) Any samples of tissues, blood,
serum, and/or transudates (bodily fluid)
collected during necropsy must be retained until the NHP shipment has
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been released from quarantine by HHS/
CDC, in case other testing is required
by HHS/CDC;
(vi) Fresh and formalin-fixed tissue
specimens, including tracheobronchial
lymph node, liver, lung, and spleen, regardless of necropsy findings, must be
collected for laboratory examination;
(vii) Any granulomatous lesions
found in any NHP at necropsy, regardless of whether TB in the NHP was previously suspected, must be submitted
to a laboratory for laboratory examination for acid-fast bacilli and for
mycobacterial culture; and
(viii) In the event that an Old World
NHP dies or is euthanized for any reason other than trauma or unexpected
adverse environmental conditions during
quarantine,
liver
tissue
for
filovirus antigen by using the antigencapture ELISA method must be submitted to a qualified laboratory for
testing. The laboratory should provide
documentation of test validation and
records of ongoing quality assurance.
(m) Health reporting requirements for
nonhuman primates. (1) An importer
must notify HHS/CDC of the events
listed in this paragraph (m) by telephone, text, or email.
(2) An importer must notify HHS/
CDC within 24 hours of the occurrence
of any morbidity or mortality of NHPs
in quarantine facilities, or following a
zoo-to-zoo or laboratory-to-laboratory
transfer.
(3) For any morbidity or mortality
from time of embarkation from country of origin to release from HHS/CDC
quarantine, an importer must report
the circumstances to HHS/CDC promptly, including the cause of death for
each NHP.
(4) Upon completion of the quarantine period and before an importer
releases any NHP, cohort, or mixed cohort from quarantine, the importer
must ensure that the quarantine facility’s licensed veterinarian notifies HHS/
CDC in writing of the health status of
the shipment.
(5) An importer must notify HHS/
CDC within 24 hours if any NHP tests
positive for filovirus virus antigen or
antibody.
(6) An importer must report to HHS/
CDC within 24 hours, any positive or
suspicious TST results, necropsy find-
ings, or laboratory results. Any report
required under this section must include a copy or summary of the individual NHP’s health records.
(n) Recordkeeping and reporting requirements for importing NHPs. (1) Before
authorizing the import of any NHPs, an
importer must be in compliance with
all applicable elements of the importer’s SOPs.
(2) At least seven days before importing a shipment of NHPs, an importer
must notify HHS/CDC in writing or by
email of the impending shipment and
provide the following information:
(i) The importer’s name and address;
(ii) Number and species of NHPs
being imported;
(iii) Description of crates;
(iv) Means of individually identifying
NHPs;
(v) Origin of NHPs, including the
country, the exporter, and the exporter’s address;
(vi) Use of NHPs under paragraph (h)
of this section;
(vii) Specific itinerary with names,
dates, flights, times, airports, sea
ports, and responsible parties to contact at every step of travel, including
all ground transportation;
(viii) Port of entry;
(ix) If arriving by flight, the name of
the airline and its flight number;
(x) If arriving by vehicle, the name of
the vehicle’s owner and its license
plate number;
(xi) If arriving by ship, the name of
the ship and its vessel number;
(xii) Name and address of the destination quarantine facility;
(xiii) Name, address, and contact information for shipper, if other than the
importer;
(xiv) If applicable, name, address, and
contact information for broker in the
United States;
(xv) Name, address, and contact information for the person(s) responsible
for off-loading NHPs in the United
States;
(xvi) Name, address, and contact information for any party responsible for
ground transportation from port of
entry to quarantine facility;
(xvii) Expected quarantine facility, if
different from the importer;
(xviii) Master air waybill number for
shipment;
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42 CFR Ch. I (10–1–18 Edition)
(xix) CITES permit number and expiration date.
(o) Animal acts. (1) All animal acts
must be registered with HHS/CDC
under paragraph (g) of this section. In
addition to the requirements in paragraph (g) of this section, which incorporates the requirements in paragraphs
(h) through (m), an importer must provide:
(i) A description of the animal act
that includes each NHP.
(ii) Brochures, advertising materials,
and/or documentation of recent or
planned animal act performances.
(iii) A current list of all NHPs in the
animal act, indicating each NHP’s
name, species, sex, age, distinguishing
physical description, and unique identifier such as a tattoo, microchip, or
other permanent identifier.
(iv) Prior to entry or re-entry into
the United States, specific itinerary
with names, dates, flights, times, airports, sea ports, and responsible parties
to contact at every step of travel, including all ground transportation.
(v) A description, diagram, and photographs of the facilities where the importer houses the NHPs in the animal
act in the United States, including illustrations of the primate caging and/
or enclosures; the relationship of these
cages or enclosures to other structures
on the property and adjoining properties; whether the primate facilities
are open to the air or fully enclosed;
and the physical security measures of
the facility.
(vi) Documentation signed by a licensed veterinarian describing the
physical exam performed on each NHP
in the animal act. Such examinations
must be performed at least once a year.
The physical exam must include the
following:
(A) Routine complete blood counts,
clinical chemistries, fecal exams, and
any additional testing indicated by the
physical exam.
(B) At least once a year, TB testing
with MOT and interpreted as stated in
paragraph (l)(3)(ix) of this section;
(C) NHPs with positive TST results
must be evaluated for potential
antituberculosis chemotherapy in consultation with HHS/CDC.
(D) If the NHP is a chimpanzee, serology and antigen testing for hepatitis B,
serology for hepatitis C, and any additional titers must be performed as indicated by clinical history or exam. A
chimpanzee found serologically positive for hepatitis B and/or hepatitis C
is ineligible for entry or re-entry into
the United States, unless confirmatory
evidence signed by a licensed veterinarian shows that there is no hepatitis
B or hepatitis C virus present in the
NHP.
(vii) SOPs for transporting the NHPs
internationally, including the shipping
crates or enclosures, the type of conveyance, and measures to minimize
human exposure to the NHPs.
(viii) A copy of a negative TST conducted within the past 12 months, or
medical documentation that the individual is free of clinically active TB,
for each trainer and/or handler.
(ix) A copy of each SOP for responding to suspected zoonotic diseases.
(x) If macaques are in the animal act,
an SOP for responding to potential herpes B-virus exposures.
(p) Zoo-to-zoo transfers. (1) Persons
who will only be importing live NHPs
into the United States through transfer from one zoo to another must comply with all the elements listed in
paragraphs (g), (h), (n), (i)(1) through
(5), (i)(6)(i), (i)(6)(v), (i)(6)(vi), (i)(7)
through (9); (j)(1), (j)(2), (j)(5), (j)(10)
through (12); (k)(5) and (k)(6); and
(m)(1), (m)(2), (m)(5), and (m)(6) of this
section.
(2) If a zoo is importing one or more
NHPs into the United States from another zoo, the recipient zoo must, before the transfer, submit the following
information for approval by HHS/CDC:
(i) A copy of each NHP’s veterinary
medical records, including regular testing for TB from the previous zoo for
HHS/CDC’s approval. The medical
record should include a positive identification of the NHP, such as a tattoo,
microchip, or photograph.
(ii) A copy of a current health certificate, including documentation of a
negative TB test, signed by a state licensed veterinarian within 14 days of
the transfer stating that the NHP(s)
appear healthy and are free from communicable diseases; and
(iii) Documentation which verifies
that the recipient zoo is registered in
accordance with this section, and
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(iv) A specific itinerary with names,
dates, flights, times, airports, seaports,
and responsible parties to contact at
every step of travel, including all
ground transportation.
(3) Persons importing live NHPs that
are transferred from one zoo to another, who are not able to meet the requirements
listed
in
paragraphs
(p)(2)(i) and (ii) of this section, must
comply with all the elements in paragraphs (g), (h), (i), (j), (k), (l), (m), and
(n) of this section.
(q) Laboratory-to-laboratory transfers.
(1) A laboratory transferring NHPs on
an established research protocol from
its foreign-based facility to its U.S.based laboratory must comply with all
the elements listed in paragraphs (g),
(h), (i), (j), (k), and (n) of this section;
and paragraphs (m)(1), (m)(2), (m)(5),
and (m)(6) of this section.
(2) If a lab is receiving one or more
NHPs for purposes related to an ongoing research project from another established research facility outside the
United States, the recipient facility
must, before the transfer, submit the
following to HHS/CDC for approval:
(i) A copy of each NHP’s veterinary
medical records, including regular testing for TB from the previous lab for
HHS/CDC’s approval. The medical
record should include a positive identification of the NHP, such as a tattoo,
microchip, or photograph.
(ii) A copy of a current health certificate(s), including documentation of a
negative TST, signed by a state-licensed veterinarian within 14 days of
the transfer stating that the NHP(s)
appear healthy and are free from communicable diseases; and
(iii) Documentation of the ongoing
IACUC-approved research project and
the reason the NHP needs to be transported to the U.S. laboratory facility.
(iv) A specific itinerary with names,
dates, flights, times, airports, seaports,
and responsible parties to contact at
every step of travel, including all
ground transportation.
(3) Persons importing live NHPs that
are transferred from one lab to another, who are not able to meet the requirements
listed
in
paragraphs
(q)(2)(i), (ii), and (iii) of this section,
must comply with all the elements in
paragraphs (g), (h), (i), (j), (k), (l), (m),
and (n) of this section.
(r) In transit shipments of NHPs. (1)
Before arrival into the United States,
brokers of in transit shipments must
notify HHS/CDC of all scheduled in
transit shipments of NHPs not intended for import into the United
States and provide the following information:
(i) Number and species of NHPs in
the shipment;
(ii) Origin of NHPs, including the
country, the exporter, and the exporter’s address;
(iii) Name and full address of the
final destination quarantine facility in
the importing country;
(iv) Means of individually identifying
NHPs, if required by the importing
country;
(v) A specific itinerary while in the
United States including names, dates,
flights, times, airports, seaports, and
responsible parties to contact at every
step of travel within the United States,
including all ground transportation;
(vi) Description of crates;
(vii) SOPs describing procedures to
protect and train transport workers
from exposure to communicable disease while handling NHPs;
(viii) SOPs describing procedures to
prevent contamination of other articles and cargo during transit, including
physical separation of crates from
other cargo;
(ix) SOPs describing procedures to
decontaminate aircraft, ships, vehicles,
and related equipment following transport; and
(x) Proposed use, if any, of in transit
holding facilities and steps to be taken
to protect workers, as well as NHPs,
from communicable disease exposure
at each facility to be used en route.
(2) While located in the United
States, in transit shipments must be
housed and cared for in a manner consistent with requirements for NHPs intended for import into the United
States as specified in paragraphs (j)
and (k) of this section.
(s) Revocation and reinstatement of an
importer’s registration. (1) If the Director
determines that an importer has failed
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42 CFR Ch. I (10–1–18 Edition)
to comply with any applicable provisions of this section, including the importer’s SOPs, the Director may revoke
the importer’s registration.
(2) HHS/CDC will send the importer a
notice of revocation stating the
grounds upon which the proposed revocation is based.
(i) If the importer wishes to contest
the revocation, the importer must file
a written response to the notice within
20 calendar days after receiving the notice.
(A) As part of the response, an importer may request that the Director
review the written record.
(B) If an importer fails to file a response within 20 calendar days, all of
the grounds listed in the proposed revocation will be deemed admitted, in
which case the notice shall constitute
final agency action.
(ii) [Reserved]
(3) If an importer’s response is timely, the Director will review the registration, the notice of revocation, and
the response, and make a decision in
writing based on the written record.
(4) As soon as practicable after completing the written record review, the
Director will issue a decision in writing
that shall constitute final agency action. The Director will serve the importer with a copy of the written decision.
(5) The Director may reinstate a revoked registration after inspecting the
importer’s facility, examining its
records, conferring with the importer,
and receiving information and assurance from the importer of compliance
with the requirements of this section.
(t) Nonhuman primate products. (1)
NHP products may be imported without obtaining a permit under this section if accompanied by documentation
demonstrating that the products have
been rendered noninfectious using one
of the following methods:
(i) Boiling in water for an appropriate time so as to ensure that any
matter other than bone, horns, hooves,
claws, antlers, or teeth is removed; or
(ii) Gamma irradiation at a dose of at
least 20 kilo Gray at room temperature
(20 °C or higher); or
(iii) Soaking, with agitation, in a 4%
(w/v) solution of washing soda (sodium
carbonate, Na2CO3) maintained at pH
11.5 or above for at least 48 hours; or
(iv) Soaking, with agitation, in a formic acid solution (100 kg salt [NaCl]
and 12 kg formic acid per 1,000 liters
water) maintained at below pH 3.0 for
at least 48 hours; wetting and dressing
agents may be added;
(v) In the case of raw hides, salting
for at least 28 days with sea salt containing 2% washing soda (sodium carbonate, Na2CO3);
(vi) Formalin fixation; or
(vii) Another method approved by
HHS/CDC.
(viii) Fully taxidermied products are
considered rendered noninfectious, and
so do not require a permit from the Director.
(2) NHP products that have not been
rendered noninfectious are considered
to pose a potential human health risk
and may only be imported under the
following circumstances:
(i) The product must be accompanied
by a permit issued by the Director. Requests for permits should be accompanied by an explanation of the product’s intended use and a description of
how the product will be handled to ensure that it does not pose a zoonotic
disease threat to humans. The Director
will review the request for a permit,
and accompanying materials, and issue
a decision that shall constitute final
agency action.
(ii) The product may only be imported for bona fide scientific, educational, or exhibition purposes.
(iii) A permit will only be issued if
the product will be received by a facility equipped to handle potentially infectious NHP materials.
(iv) The product must comply with
any other applicable federal requirements, including those relating to
packaging, shipping, and transport of
potentially infectious, biohazardous
substances as well as those for select
agents pursuant to 42 CFR part 73, 7
CFR part 331, and 9 CFR part 121.
(u) Appeal of denial for a permit to import. If the HHS/CDC denies your request for a permit under this section,
you may appeal that denial to the
HHS/CDC Director.
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(1) You must submit your appeal in
writing to the HHS/CDC Director, stating the reasons for the appeal and demonstrating that there is a genuine and
substantial issue of fact in dispute.
(2) You must submit the appeal within 5 business days after you receive the
denial.
(3) HHS/CDC will issue a written response to the appeal, which shall constitute final Agency action.
(v) Filovirus testing fee. (1) Non-human
primate importers shall be charged a
fee for filovirus testing of non-human
primate liver samples submitted to the
Centers for Disease Control and Prevention (CDC).
(2) The fee shall be based on the cost
of reagents and other materials necessary to perform the testing; the use
of the laboratory testing facility; irradiation for inactivation of the sample;
personnel costs associated with performance of the laboratory tests; and
administrative costs for test planning,
review of assay results, and dissemination of test results.
(3) An up-to-date fee schedule is
available from the Division of Global
Migration & Quarantine, Centers for
Disease Control and Prevention, 1600
Clifton Road, Atlanta, Georgia 30333.
Any changes in the fee schedule will be
published in the FEDERAL REGISTER.
(4) The fee must be paid in U.S. dollars at the time that the importer submits the specimens to HHS/CDC for
testing.
[78 FR 11538, Feb. 15, 2013]
§ 71.54 Import regulations for infectious biological agents, infectious
substances, and vectors.
(a) The following definitions apply to
this section:
Animal. Any member of the animal
kingdom except a human including an
animal product (e.g., a mount, rug, or
other display item composed of the
hide, hair, skull, teeth, bones, or
claws).
Diagnostic specimen. Specimens of
human and animal matter (including
tissue, blood, body discharges, fluids,
excretions or similar material), or environmental samples.
Genomic material. Deoxyribonucleic
acid (DNA) or Ribonucleic acid (RNA)
comprising the genome or organism’s
hereditary information, that may be
single-stranded or double-stranded, and
in a linear, circular, or segmented configuration and may be positive sense
(same polarity as mRNA), negative
sense, or ambisense (mixture of the
two).
Infectious biological agent. A microorganism (including, but not limited
to, bacteria (including rickettsiae), viruses, fungi, or protozoa) or prion,
whether naturally occurring, bioengineered, or artificial, or a component of
such microorganism or prion that is
capable of causing communicable disease in a human.
Infectious substance. Any material
that is known or reasonably expected
to contain an infectious biological
agent.
Select agents and toxins. Biological
agents and toxins that could pose a severe threat to public health and safety
as listed in 42 CFR 73.3 and 73.4.
Vector. Any animals (vertebrate or
invertebrate) including arthropods or
any noninfectious self-replicating system (e.g., plasmids or other molecular
vector) or animal products (e.g., a
mount, rug, or other display item composed of the hide, hair, skull, teeth,
bones, or claws of an animal) that are
known to transfer or are capable of
transferring an infectious biological
agent to a human.
(b) Unless excluded pursuant to paragraph (f) of this section, a person may
not import into the United States any
infectious biological agent, infectious
substance, or vector unless:
(1) It is accompanied by a permit
issued by the Centers for Disease Control and Prevention (CDC). The possession of a permit issued by the CDC does
not satisfy permitting requirements
placed on materials by the U.S. Department of Agriculture that may pose hazards to agriculture or agricultural production in addition to hazards to
human health.
(2) The importer is in compliance
with all of the permit requirements
and conditions that are outlined in the
permit issued by the CDC.
(3) The importer has implemented
biosafety measures commensurate with
the hazard posed by the infectious biological agent, infectious substance,
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§ 71.54
42 CFR Ch. I (10–1–18 Edition)
and/or vector to be imported, and the
level of risk given its intended use.
(4) The importer takes measures to
help ensure that the shipper complies
with all applicable legal requirements
concerning the packaging, labeling,
and shipment of infectious substances.
(c) If noted as a condition of the
issued permit, subsequent transfers of
any infectious biological agent, infectious substance or vector within the
United States will require an additional permit issued by the CDC.
(d) A permit is valid only for:
(1) The time period and/or term indicated on the permit, and
(2) Only for so long as the permit
conditions continue to be met.
(e) A permit can be denied, revoked
or suspended if:
(1) The biosafety measures of the permit holder are not commensurate with
the hazard posed by the infectious biological agent, infectious substance, or
vector, and the level of risk given its
intended use; or,
(2) The permit holder fails to comply
with all conditions, restrictions, and
precautions specified in the permit.
(f) A permit issued under this part is
not required for an item if:
(1) It is a biological agent listed in 42
CFR Part 73 as a select agent and its
importation has been authorized in accordance with 42 CFR 73.16 or 9 CFR
121.16.
(2) With the exception of bat or
nonhuman primate specimens, it is a
diagnostic specimen not known by the
importer to contain, or suspected by
the importer of containing, an infectious biological agent and is accompanied by an importer certification
statement confirming that the material is not known to contain or suspected of containing an infectious biological agent, or has been rendered
noninfectious.
(3) With the exception of live bats or
bat or nonhuman primate products, it
is an animal or animal product being
imported for educational, exhibition,
or scientific purposes and is accompanied by documentation confirming
that the animal or animal product is
not known to contain (or suspected of
containing) an infectious biological
agent or has been rendered noninfectious.
(4) It consists only of nucleic acids
that cannot produce infectious forms of
any infectious biological agent and the
specimen is accompanied by an importer certification statement confirming that the material is not known
to contain or suspected of containing
an infectious biological agent.
(5) It is a product that is cleared, approved, licensed, or otherwise authorized under any of the following laws:
(i) The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), or
(ii) Section 351 of the Public Health
Service Act pertaining to biological
products (42 U.S.C. 262), or
(iii) The Virus-Serum-Toxin Act (21
U.S.C. 151–159).
(6) It is an animal or animal product
listed in 42 CFR Part 71 and its importation has been authorized in accordance with 42 CFR 71.52, 71.53, or 71.56.
(g) To apply for a permit, an individual must:
(1) Submit a signed, completed CDC
Form 0.753 (Application for Permit to
Import Biological Agents or Vectors of
Human Disease into the United States)
to the HHS/CDC Import Permit Program.
(2) Have in place biosafety measures
that are commensurate with the hazard posed by the infectious biological
agent, infectious substance, and/or vector to be imported, and the level of risk
given its intended use.
(h) Issuance of a permit may be contingent upon an inspection of the importer’s facility by the CDC to evaluate
whether the importer’s biosafety measures (e.g., physical structure and features of the facility, and operational
and procedural safeguards) are commensurate with the hazard posed by
the infectious biological agent, infectious substance, and/or vector, and the
level of risk given its intended use.
(i) Denial, suspension, or revocation
of a permit under this section may be
appealed to the CDC Director. The appeal must be in writing, state the factual basis for the appeal, and be submitted to the CDC Director within 30
calendar days of the denial, suspension,
or revocation of the permit. HHS/CDC
will issue a written response to the appeal, which shall constitute final agency action.
[78 FR 7678, Feb. 4, 2013]
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Public Health Service, HHS
§ 71.56
§ 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, describe 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,
(ii) Issue an order causing an animal
to be re-exported,
(iii) Issue an order causing an animal
to be destroyed, or
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§ 71.63
42 CFR Ch. I (10–1–18 Edition)
(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]
§ 71.63 Suspension of entry of animals,
articles, or things from designated
foreign countries and places into
the United States.
(a) The Director may suspend the
entry into the United States of animals, articles, or things from designated foreign countries (including
political subdivisions and regions
thereof) or places whenever the Director determines that such an action is
necessary to protect the public health
and upon a finding that:
(1) There exists in a foreign country
(including one or more political subdivisions and regions thereof) or place
a communicable disease the introduction, transmission, or spread of which
would threaten the public health of the
United States; and
(2) The entry of imports from that
country or place increases the risk
that the communicable disease may be
introduced, transmitted, or spread into
the United States.
(b) The Director shall designate the
foreign countries or places and the period of time or conditions under which
the introduction of imports into the
United States shall be suspended. The
Secretary or Director will coordinate
in advance with other Federal agencies
that have overlapping authority in the
regulation of entry of animals, articles,
or other things, as may be necessary to
implement and enforce this provision.
[82 FR 6978, Jan. 19, 2017]
PART 72 [RESERVED]
PART 73—SELECT AGENTS AND
TOXINS
Sec.
73.0 Applicability and related requirements.
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.
§ 73.0 Applicability
quirements.
and
related
All individuals and entities that possess SARS-CoV, Lujo virus, or Chapare
virus must provide notice to CDC regarding their possession of SARS-CoV,
Lujo virus, or Chapare virus on or before December 4, 2012. Currently registered individuals and entities possessing SARS-CoV, Lujo virus, or
Chapare virus must meet all the requirements of this part by December 4,
2012. All previously unregistered individuals and entities possessing SARSCoV, Lujo virus, or Chapare virus must
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| File Type | application/pdf |
| File Modified | 2019-01-25 |
| File Created | 2019-01-25 |