Regulations governing the inspection and quarantine of livestock imported from or exported to Mexico

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Title:
Regulations governing the inspection and quarantine of livestock imported from or exported to Mexico
Physical Description:
6 p. : ; 23 cm
Language:
English
Creator:
United States -- Bureau of Animal Industry
United States -- Dept. of Agriculture
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington
Publication Date:

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Subjects / Keywords:
Animal industry -- Law and legislation -- United States   ( lcsh )
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federal government publication   ( marcgt )
legislation   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
U.S. Dept. of Agriculture, Bureau of Animal Industry
General Note:
B.A.I. order 368
General Note:
"As amended, effective April 20, 1942"

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 029790396
oclc - 85230134
System ID:
AA00018976:00001

Full Text



34 t



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 previouA
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.
(b) 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.-ffoophilus annulatus, including variety austra lis.
(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; Secs. 6. 7. 8, 10, 26 Stat. 416-417; 21 U. S C. 102-105;
Sees. 1 and 2, 32 Stat. 791, 792; 21 U. S. C. 111, 112, 113, 120.)
455658-42









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.)

REGULATION 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. (Secs. 6, 7, 8, 10, 26 Stat. 416, 417 as amended; 21 U. S. C.
102-105.)
REGULATION 4

Sec. 93.4. 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 (b) 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 (b) of this section (regulation), cattle otherwise eligible
for importation may be allowed entry subject to such conditions as the Chief
of Bureau may prescribe: Prorided, 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 Star. 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
cattle1 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

SIt 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 (b) (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

Sec. 93.9. Sheep and goats.--(a) Sheep and floats 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 infeciious 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.
(b) 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 Stilt. 416,
417; Sec. 2, 44 Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.)

REGULATION 10

Sec. 93.10. Swiine.--(t) S.wine 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 tile 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).
SA 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.
(b) 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).
(Secs. 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)
See. 93.11. Horses.-(a) Horses from tick-infested arcas.-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
(b) (2), of section 93.7 (regulation 7), for cattle from tick-infested areas.
(b) Horses from dourbw-infectfed 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. Intpelfion 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; Secs. 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. 0. 105; Secs. 4, 5, 93 Stat. 32; Sec. 1,
32 Stat. 791; 21 U. S. C. 112, 113, 120.)







REGULATION 14

Sec. 93.14. Form of certificate.-Certiflcates provided for in sections 93.12 and
93.13 (regulations 12 and 13) shall be issued in such form and number as re-
quired by the Department of Agriculture of Mexico. (34 Stat. 1263, 21 U. S. C.
81, 82, Sec. 1, 32 Stat. 791; 21 U. S. 0. 121.)

REGULATION 15

Sec. 98.15. 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; Secs. 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.


. S. GOVERNMENT PRINTING OFFICE: 1942










































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