B. A. I. Order 368 Issued December 16, 1938 United States Department of Agriculture BUREAU OF ANIMAL INDUSTRY REGULATIONS GOVERNING THE INSPECTION AND QUARANTINE OF LIVESTOCK IMPORTED FROM OR EXPORTED TO MEXICO Effective on and after January 16, 1939 (,As amended, effective April 20, 1942) U. S. Department of Agriculture, Office of the Secretary, Washington, D. C, December 16, 1938. By virtue of Article XII of a convention between the United States of America and the United Mexican States as ratified by the two Governments on January 17, 1930, and under the authority otherwise vested in the Secretary of Agriculture by law, the following regulations are hereby prescribed on the part of the United States governing the movement of livestock between the United States and Mexico in order to safeguard more effectually the livestock interests of the respective countries through the prevention of the introduction of infectious and contagious diseases. These regulations supersede all previous regulations governing the movement of livestock between the United States and Mexico, and shall become effective on January 16, 1939. H. A. Wallace, Secretary of Agriculture. Amends 9 C F R, Part 93 (B. A. I. Order 327) to read as follows : Part 93 — Special regulations governing export and import of livestock to and from Mexico Regulation 1 Sec. 93.1. Definitions. — Whenever in these regulations the following names or terms are used they shall be construed as follows : (a) Department. — United States Department of Agriculture. (o) Bureau, — Bureau of Animal Industry of the United States Department of Agriculture. (c) Chief of Bureau. — Chief of the Bureau of Animal Industry of the United States Department of Agriculture. (d) Inspector. — A veterinary inspector of the Bureau of Animal Industry of the United States Department of Agriculture. (e) Horses. — Horses, mules, and asses. (f) Fever tick. — B'oophiJus annulatus, including variety australis. (g) Permitted dip.— A dip permitted by the Bureau of Animal Industry to be used in the official dipping of cattle and horses for fever ticks and for 'dip- ping cattle and sheep for scabies. (34 Stat. 1263: 21 U. S. C. 80, 81, 82 86- Sees. 4, 5, 23 Stat. 32 as amended; 21 U. S. C, 113; Sec. 1. 26 Stat. 833. 45 Stat. 789: 45 U. S. C. 75: Sees. 6. 7. 8. 10, 26 Stat. 416-417: 21 U S C 10 i >-105 • Sees. 1 and 2, 32 Stat. 791, 792; 21 U. S. C. Ill, 112, 113, 120.) 455658° — 42 T Importations From Mexico Regulation 2 Sec. 93.2. Designated ports of entry. — With the approval of the Secretary of the Treasury, the following-named ports and subports are hereby designated for the entry of livestock from Mexico: On the sea coasts : Boston, Mass. ; New York, N. Y. ; Baltimore, Md. ; Jackson- ville, Fla. ; San Juan, Puerto Rico; New Orleans, La.; Galveston, Tex.; San Diego, Los Angeles, and San Francisco, Calif. ; and Seattle, Wash. Along the international boundary: Brownsville, Hidalgo, Rio Grande, Roma, Laredo, Eagle Pass, Del Rio. and El Paso, Tex. ; Douglas, Naco, and Nogales, Ariz. ; and Calexico and San Ysidro, Calif. All horses, ruminants, and swine for importation from Mexico shall be entered through one of the aforenamed ports: Provided, however, That in special cases other ports may be designated by the Chief of Bureau with the concur- rence of the customs authorities. (Sec. 7, 26 Stat. 416; 21 U. S. C. 102.) Rkgulation 3 Sec. 93.3. Permits required. — For ruminants and swine intended for importa- tion by water from Mexico, the imoprter shall first obtain from the Secretary of Agriculture of the United States a permit in two sections, one for presen- tation to the American consul at the port of embarkation, the other for presen- tation to the collector of customs at the port of entry specified therein, pro- viding for reception of the said animals at the specified port on the date prescribed for their arrival or at any time during 3 weeks immediately following, after which time the permit shall be void. A permit shall not be available for the landing of such animals at any port of entry other than the one mentioned therein, and they shall not be eligible for entry if shipped from or through any other foreign port than that designated in the permit. Permits will be issued for entry at any port named in section 93.2 (regulation 2) that the importer may elect, as far as quarantine facilities are there available, but permits for importation will not be granted in excess of the accommodations provided at any port. (Sees. 6, 7, 8, 10, 26 Stat. 416, 417 as amended; 21 U. S. C. 102-105.) Regulation 4 Sec. 934. Declaration of purpose. — For all cattle, sheep, goats, and swine offered for importation from Mexico, there shall be presented to the collector of customs, at the time of entry, a statement signed by the owner or importer showing clearly the purpose for which said animals are to be imported. (Sees. 6, 7, 8, 10, 26 Stat. 416, 417 as amended; 21 U. S. C 102-105.) Regulation 5 (As amended, effective April 20, 1942) Sec. 93.5. Inspection at port of entry. — All horses, ruminants, and swine offered for entry from Mexico, including such animals intended for movement by rail through the United States in bond for immediate return to Mexico, shall be inspected at the port of entry and all such animals found to be free from communicable disease and fever tick infestation, and not to have been exposed thereto, shall be admitted into the United States subject to the other provisions of these regulations. Animals found to be affected with or to have been exposed to a communicable disease or infested with fever ticks, or, in the case of cattle, to have been exposed to such ticks, shall be refused entry except as provided in section 93.7 (&) of this order. Regulation 6 (As amended, effective April 20, 1942) Sec. 93.6. Animals for slaughter. — Animals imported from Mexico for slaugh- ter shall be consigned from the port of entry to some recognized slaughtering center and there slaughtered within 2 weeks from the date of entry: Provided, That upon special permission obtained from the Chief of Bureau, they may be reconsigned to other points and there slaughtered within the period aforesaid. Regulation 7 Sec. 93.7. Cattle. — (a) Cattle from other than tick-infested areas. — Except as provided in paragraph (b) of this section, all cattle offered for importation from Mexico shall be accompanied by a certificate of a salaried veterinarian of the Mexican Government showing that he inspected the said cattle at the time of movement to the port of entry and found them free from any evidence of in- fectious or contagious disease, and that, as far as it has been possible to deter- mine, they have not been exposed to any such disease, including splenetic, southern, or tick fever, during the preceding 60 days, and if shipped by rail the certificate shall further specify that the cattle were loaded into clean and dis- infected cars for transportation direct to the port of entry. They shall also be accompanied by a certificate of the importer or his agent supervising the ship- ment, stating that while en route to the port of entry they have not been trailed or driven through any district or area infested with fever ticks. (b) Cattle from tick-infested areas. — Cattle which have been infested with or exposed to fever ticks may be imported from Mexico into the State of Texas, provided the following conditions are strictly observed and complied with : (1) The cattle shall be accompanied by a certificate of a salaried veterinarian of the Mexican Government showing that he has inspected the cattle and found them free from fever ticks and any evidence of infectious or contagious disease, and that, as far as it has been possible to determine, they have not been exposed to any such disease, except splenetic, southern, or tick fever, during the 60 days immediately preceding their movement to the port of entry. (2) The cattle shall be shown by affidavit of the owner or his agent to have been dipped in an arsenical solution containing a minimum of 0.22 percent of arsenious oxide in solution, within 7 to 12 days before being offered for entry. (3) The importer, or his agent duly authorized thereto, shall first execute and deliver to an inspector at the port of entry an application for inspection and supervised dipping wherein he shall agree to waive all claims against the United States for any loss or damage to the cattle occasioned by or resulting from dipping, or resulting from the fact that they are later found to be still tick in- fested; and also for all subsequent loss or damage to any other cattle in the possession or control of such importer which may come into contact with the cattle so dipped. (4) The cattle when offered for entry shall receive a chute inspection by an inspector. If found free from ticks they shall be given one dipping in a per- mitted dip under the supervision of an inspector 7 to 14 days after the dipping required by subparagraph (2) hereof. If found to be infested with fever ticks, the entire lot of cattle shall be rejected and will not be again inspected for entry until 10 to 14 days after they have again been dipped in the manner provided by subparagraph (2) hereof. (5) The cattle shall be imported through a port designated in section 93.2 of this part (regulation 2 of this order) equipped with facilities necessary for proper inspection and dipping. (6) The conditions at the port of entry shall be such that the subsequent movement of the cattle can be made without exposure to fever ticks. (c) Action in absence of certificates. — In the absence of certificates specified in paragraphs (a) and (&) of this section (regulation), cattle otherwise eligible for importation may be allowed entry subject to such conditions as the Chief of Bureau may prescribe: Provided, That the provisions of section 93.8 of this part (regulation 8 of this order) must be strictly complied with. (Sees. 6, 7, 8, 10, 26 Stat. 416, 417; Sec. 2, 44 Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.) Regulation 8 Sec. 93.8. Tuberculin and Bang's disease test for cattle. — (a) Tuberculin test. — All cattle offered for importation from Mexico — except strictly range cattle 1 and those for immediate slaughter — shall be accompanied by a satis- factory certificate of tuberculin test signed by a salaried veterinarian of the Mexican Government, which test shall have been made within 30 days preceding the date of importation. The date and place of such testing and a description 1 It has been determined that the incidence of tuberculosis is much less than one-half of 1 percent among range cattle in the northern States of Mexico, where importations of this class of cattle originate. Such cattle, however, will be subject to the tuberculin-test requirements of the State of destination. of the cattle, including breed, ages, and markings, shall be given in such cer- tificate. In the absence of said certificate such cattle, if otherwise eligible for importation, shall be detained in quarantine at the port of entry for a period of not less than 3 days, during which time they shall be tuberculin tested. (b) Bang's disease test. — (1) All dairy or breeding cattle 6 months of age or older offered for importation from Mexico — except strictly range cattle and those for immediate slaughter — shall be accompanied by a certificate of a sal- aried veterinarian of the Mexican Government showing that the animals have been subjected to a blood test for Bang's disease (infectious abortion), with negative results, within 30 days of the date of their exportation. The said cer- tificate shall give the date and method of testing, names of the consignor and consignee, and a description of the cattle with breed, ages, and markings. (2) In special cases and upon permission first obtained from the Chief of Bureau, said cattle unaccompanied by a certificate as provided in the preceding subparagraph (&) (1) may be quarantined at the port of entry and tested for Bang's disease by such method as may be approved by the Chief of Bureau; and those failing to pass said test shall be refused entry and, unless returned to the country of origin, shall be disposed of as provided by section 8 of the act of August 30, 1890. (26 Stat. 416) (Sees. 6, 7, 8, 10, 26 Stat. 416, 417; Sec. 2, 44 Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.) Regulation 9 See. 93.9. Sheep and goats. 2 — (a) Sheep and goats for purposes other than slaughter. — Sheep and goats offered for importation from Mexico, for purposes other than slaughter, shall be accompanied by a certificate of a salaried veteri- narian of the Mexican Government showing that, as a result of a careful phys- ical examination by him of such sheep and goats on the premises of origin, no evidence of infectious or contagious disease was found, and that, so far as it has been possible to determine, they have not been exposed to any such disease common to animals of their kind during the preceding 60 days ; and, if the animals are shipped by rail, the certificate shall further specify that the animals were loaded into cleaned and disinfected cars for transportation direct to the port of entry. Notwithstanding such certificate, such sheep shall be detained at the port of entry until they have been dipped once under supervision of an inspector, in a permitted scabies dip. In the absence of such certificate, said sheep shall be held in quarantine for not less than 10 days and, at the discretion of the inspector, shall be again dipped under his supervision. Goats unaccom- panied by such certificate shall be detained at the port of entry for a period of not less than 10 days, during which time they shall be subjected to such inspec- tions and tests as may be deemed necessary by the Chief of Bureau to determine their freedom from disease. (&) Sheep and goats for slaughter. — Sheep and goats offered for importation from Mexico for slaughter shall be accompanied by a statement of the owner or vendor showing that no disease communicable to animals of their kind has existed on the premises on which they have been kept during the preceding 60 days. Such sheep and goats, when not accompanied by the statement specified, shall be detained at the port of entry for a period of not less than 3 days in order to determine their freedom from disease. (Sees. 6, 7, 8, 10, 26 Stat. 416, 417; Sec. 2, 44 Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.) Regulation 10 See. 93.10. Swine* — (a) Swine for breeding or feeding. — All swine offered for importation from Mexico for breeding or feeding shall be accompanied by a certificate signed by a salaried veterinarian of the Mexican Government show- ing that for a period of 60 days prior to their movement from the premises on which they were kept no swine plague or hog cholera has existed within a radius of 5 miles therefrom. In addition, all such swine shall be immunized against hog cholera under the supervision of an inspector at the port of entry at 2 Certificates will not be required for wild sheep, deer, and other wild ruminants origi- nating in and shipped direct from Mexico, but said animals are subject to inspection at the port of entry as provided in section 93.5 of this part (regulation 5 of these regulations). 3 A certificate as specified in this section (regulation) will not be required for wild swine for exhibition purposes, and such animals will not be required to undergo immunization against hog cholera but are subject to inspection at the port of entry as provided in section 93.5 of this part (regulation 5 of these regulations). the owner's expense in accordance with one of the methods recognized by the De- partment for preventing the spread of this disease. In the absence of the cer- tificate as herein specified, such swine shall be detained at the port of entry for a period of not less than 2 weeks and, in addition to immunization against hog cholera, shall be subjected to such inspections and tests as may be deemed necessary by the Chief of Bureau to determine their freedom from disease. (&) Swine for slaughter. — All swine offered for importation from Mexico for slaughter shall be accompanied by a certificate of the kind specified in paragraph (a) of this section (regulation). In the absence of the required certificate, such swine shall be detained at the port of entry for a period of not less than 3 days to determine their freedom from disease. They shall be handled and shipped as specified under section 93.6 of this part (regulation 6 of this order). ( Sees. 6, 7, 8, 10, 26 Stat. 416, 417 ; Sec. 2, 44 Stat. 775 ; 46 Stat. 1460 ; 21 U. S. C. 102-105.) Regulation 11 (As amended, effective April 20, 1942) Sec. 93.11. Horses. — (a) Horses from tick-infested areas. — Horses offered for importation from tick-infested areas of Mexico shall be chute inspected unless in the judgment of the inspector a satisfactory inspection can be made other- wise. If they are found to be apparently free from fever ticks, before entering the United States they shall be dipped once in a permitted arsenical solution or be otherwise" treated in a manner approved by the Chief of Bureau. If they are found to be infested with fever ticks they shall be refused entry but may be reoffered for importation following treatment as prescribed in paragraph (o) (2), of section 93.7 (regulation 7), for cattle from tick-infested areas. (&) Horses from dourine-infected areas. — Horses and asses originating in the States of Chihuahua, Durango and Sonora and the territories of Lower California in Mexico — other than those moving in bond for immediate reentry into Mexico, those imported for slaughter, and geldings unless judged by the inspector to be capable of serving mares — shall be detained at the border port of entry where a blood sample shall be obtained from each such animal under the supervision of the inspector, said samples to be forwarded to the Bureau laboratory where they will be tested by the complement-fixation method for dourine. Any animal that is found by said test to be affected with dourine shall be refused entry ; others may be permitted entry subject to such further quarantine and tests as authorities in the State of destination may prescribe. Exportations to Mexico Regulation 12 Sec. 93.12. Inspection and certification. — No horses, cattle, other domestic ruminants or swine shall be exported to Mexico until they have been inspected in the manner prescribed by the Chief of Bureau. If, upon such inspection, they are found to be free from communicable disease or exposure thereto, they shall be accompanied by a certificate to that effect issued or endorsed by an inspector. The inspection required by this section (regulation) may be made at any place at which an inspector is available: Provided, however, That in the case of livestock for shipment to Mexico by water a final inspection shall be made at the coast port of embarkation. (34 Stat. 1263 ; 21 U. S. C. 80, 81. 82; Sec. 10, 26 Stat. 417; 21 U. S. C. 105; Sees. 4, 5, 23 Stat. 32, Sec. 1, 32 Stat. 791 ; 21 U. S. C. 112, 113, 120.) Regulation 13 Sec. 93.13. Tuberculin test. — No dairy or breeding cattle shall be exported to Mexico unless they are accompanied by a certificate showing that they have passed a tuberculin test within 30 days of the date of exportation or that they are from a tuberculosis free accredited herd or a modified accredited area. Such tests may be applied either by an inspector or a duly authorized veter- inarian of the Mexican Government in the United States, or by an accredited veterinarian : Provided, That the certificate of such accredited veterinarians shall be endorsed by an inspector. Test, charts and certificates shall include descriptions of the cattle with ages and markings. (34 Stat. 1263; 21 U. S. C. 80, 81, 82 ; Sec. 10, 26 Stat. 417 ; 21 U. S. C. 105 ; Sees. 4, 5, 23 Stat. 32 ; Sec. 1, 32 Stat. 791 ; 21 U. S. C. 112, 113, 120.) Regulation 14 Sec, 93.14. Form of certificate. — Certificates provided for in sections 93.12 and 93.13 (regulations 12 and 13) shall be issued in such form and number as re- quired bv the Department of Agriculture of Mexico. (34 Stat. 1263, 21 U. S. C. 81, 82, Sec. 1, 32 Stat. 791 ; 21 U. S. C. 121.) Regulation 15 Sec. 93.15. Disinfection of cars or other conveyances. — Livestock destined to Mexico shall be transported from the point of inspection in cars or other con- veyances which have been cleaned and disinfected : Provided, however, That express cars and other conveyances not regularly used for the transportation of livestock need not be so disinfected. If such animals are transported in crates the crates shall be constructed of new material and shall not have been previously used. (Sec. 10, 26 Stat. 417; 21 U. S. C. 105; Sees. 4, 5, 23 Stat. 32; Sec. 1, 32 Stat. 791 ; 21 U. S. C 112, 120.) APPENDIX LAW UNDER WHICH THE FOREGOING REGULATIONS ARE MADE Extract from an act of Congress entitled "An act providing for an inspection of meats for exportation, prohibiting the importation of adulterated articles of food or drink, and authorizing the President to make proclamation in certain cases, and for other purposes." Approved August 30, 1890 (26 Stat. L. 414), as amended June 28, 1926 (44 Stat. L. 774), and February 28, 1931 (46 Stat. L. 1460). Sec. 6. That the importation of cattle, sheep, and other ruminants, and swine, which are diseased or infected with any disease, or which shall have been exposed to such infection within 60 days next before their exportation, is hereby prohibited : Provided, That the Secretary of Agriculture within his discretion and under such regulations as he may prescribe, is authorized to permit the admission from Mexico into the State of Texas of cattle which have been in- fested with or exposed to ticks upon being freed therefrom. Any person who shall knowingly violate the foregoing provision shall be deemed guilty of a misdemeanor and shall, on conviction, be punished by a fine not exceeding $5,000. or by imprisonment not exceeding 3 years, and any vessel or vehicle used in such unlawful importation within the knowledge of the master or owner of such vessel or vehicle that such importation is diseased or has been exposed to infection as herein described, shall be forfeited to the United States. 0. 5. GOVERNMENT PRINTING OFFICE: 1941 Digitized by the Internet Archive in 2012 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://archive.org/details/liveimpoOOunit UNIVERSITY OF FLORIDA 111111111111111111 3 1262 08925 8270