TITLE 9-ANIMALS AND ANIMAL PRODUCTS
CHAPTER 1-BUREAU OF ANIMAL INDUSTRY
Subchapter D-Exportation and Importbation of Animals and Animal Products
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
U. S. DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washigton, D. C., December 16, 1938.
By virtue of Article XII of a convention between the United States of Amer-
ica and the United Mexican States as ratified by the two Governments on Jan-
uary 17, 1930, and under the authority otherwise vested in the Secretary of Ag-
riculture 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 infec-
tious and contagions diseases. These regulations supersede all previous regu-
lations 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
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
(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.-Boophilus annuilatus, 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 dipping
cattle and sheep for scabies. (34 Stat. 1263; 21 U. S. C. 80, 81, 82, 86; Secs. 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; Secs. 1 and 2,
32 Stat 791, 792; 21 U. S. C. 111, 112, 113, 120.)
Importations From Mexico
Sec. 93.2. Designated ports of entry.-With the approval of the Secretary of
the Treasury, the following-nmimed 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, nnd 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: Proridcd, howce:er, 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.)
Sec. 93.3. Permits required.-For ruminuamts and swine intended for importa-
tion by water from Mexico, the importer shall first obtain from the Secretary
of Agriculture of the United States a permit in two sections, one for presentation
to the American consul at the port of embarkation, the other for presentation
to the collector of customs at the port of entry specified therein, providing for
reception of the said animals at the specified port on the date prescribed for
their arrival or at any time during 3 weeks imlnediately 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 imnipor-
tation 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.)
Sec. 93.4. Declaration of purposr.-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.)
Sec. 93.5. Inspection at port of entry.-Except as provided in paragraphs (b)
and (c) of section 93.11 (regulation 11), 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 comn-
municable disease and fever tick infestation, and not to have been exposed there-
to, shall be admitted into the United States subject to the other provisions of
these regulations. Animals found to be affected with a communicable disease
or infested with fever ticks, or to have been exposed thereto, shall be refused
entry, except as provided in sections 93.8 and 93.11 of this part (regulations 8
and 11 of this order). (Sees. 6, 7, 8, 10, 26 Stat. 416, 417 as amended; 21 U. S.
Sec. 93.6. Animals for sla.gihter.-Cattle, sheep, goats, and swine imnporrted
from Mexico for slaughter shall be consigned from the port of entry to sonme
recognized slaughtering center and there slaughtered within 2 weeks from the
date of entry: Provrided, That upon special permission obtained from the Chief of
Bureau. they may be reconsigned to other points and there slaughtered within
thie period aforesaid. (Secs. 6, 7, 8, 10, 26 Stat. 416, 417 as amended; 21 U. S.
sec. 93.7. Cattle.-(a) Cattle from other than tick-infested arca..-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 i60 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-
nment, 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
then 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
beeli. 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 (lipped 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 alsenee of certificate.s.-In the al)ence 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: Provided, That the provisions of section 93.8 of this
part (regulation 8 of this order) must be strictly comlilied with. (Secs. 6, 7. 8,
10, 26 Stat. 416, 417; Sec. 2, 44 Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.)
See. 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 (lays preceding
the date of importation. The date and place of such testing and a description
"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 givenii in such cer-
tificate. In thie absence of said certificate such c;ittle. if otlwerwise 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 iand 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 aict
of August 30, 1890. (26 Stat. 416) (Sees. 6, 7, 8, 10, 26 Stat. 416, 417; See. 2, 44
Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.)
Sec. 93.9. Sheep and goatls..2-(a) Sheep and goats for purpose. other than
slaughter.-Sheep and goats offered for importation froinm Mexico, for purposes
other than slaughter, shall he 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 (contagion's 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 an-
imals 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 d(lip. 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 he deemed necessary by the Chief of Bureau to determine
their freedom from disease.
(b) Sheep and goats for .laughter.-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 gowits. 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.)
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
2 Certificates.will not be required for wild sheep, deer. and other wild ruminants origi-
nating in and shipped direct from Mexico. hut said animals are subject to inspection at
the port of entry as provided in section 93.5 of this part (regulation 5 of these
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 immuni-
zation 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).
against hog cholera under the supervision of an inspector at the port of entry at
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) Sleine 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 th;n 3
days to determine their freedom from disease. They shall be handled and
shipped as specified under section 93.6 of this part regulationn 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.
S(C. 93.11. Horscs.-(a) Hores-from lick-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 shaH 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) Mexican orsw- for temporary stay.--Horses used in connection with
stock raising (cow ponies) or mining and those for other purposes, whether for
pleasure, driving, or teaming, maybe admitted from the tick-free area of Mexico
without inspection for a temporary stay at ports along the border, not exceeding
a period of 10 days.
(c) American horses returning after temporary stay in Mexico.-Horses may
be returned to the United States from tick-free areas of Mexico without in-
spection. after a stay in Mexico of not to exceed 10 days. (Sees. 6, 7, 8, 10, 26
Stat 416, 417; See. 8, 44 Stat. 775; 46 Stat. 1460; 21 U. S. C. 102-105.)
Exportations to Mexico
Seec. 93.12. Inspection and certification.-No horses, cattle, other domestic
rumiarnt OF r-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 live-
stock 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.)
See. 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 veterinarian
of the Mexican Government in the United States, or by an accredited veteri-
narian: 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; See.
10, 2,' 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.)
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 by the Department of Agriculture of Mexico. (34 Stat. 1263, 21 U. S. 0.
81. 82, Sec. 1, 32 Stat. 791; 21 U. S. C. 121.)
Sec. 93.15. Disinfection of cars or other (oI veyances.-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, how-c',vr, 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 .'hall not have bheon pre-
viously 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.)
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