Supporting Legislation Part 2

§ 71.53

42 CFR Ch. I (10–1–12 Edition)

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

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

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

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

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Public Health Service, HHS

§ 71.54

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

not denied by answer shall be deemed
admitted. Matters alleged as affirmative defenses shall be separately stated
and numbered. Failure of the importer
to file an answer within 20 days after
receipt of the notice may be deemed an
admission of all allegations of fact recited in the notice.
(3) The importer shall be entitled to
a hearing with respect to the revocation upon filing a written request, either in the answer or in a separate document, with the Director within 20
days after the effective date of revocation. Failure to request a hearing shall
be deemed a waiver of hearing and as
consent to the submission of the case
to the Director for decision based on
the written record. The failure both to
file an answer and to request a hearing
shall be deemed to constitute consent
to the making of a decision on the
basis of available information.
(4) As soon as practicable after the
completion of any hearing conducted
pursuant to the provisions of this section, the Director shall render a final
decision. A copy of such decision shall
be served on the importer.
(5) An importer’s registration which
has been revoked may be reinstated by
the Director upon inspection, examination of records, conference with the importer, and receipt of information and
assurances of compliance with the requirements of this section.
(i) Other permits. In addition to the
requirements under this section, permits to import certain species of
nonhuman primates may also be required under other Federal regulations
(50 CFR parts 17 and 23) protecting such
species.
(Approved by the Office of Management and
Budget under control number 0920–0134)
[50 FR 1519, Jan. 11, 1985, as amended at 77
FR 6975, Feb. 10, 2012; 77 FR 35878, Jun. 15,
2012]

§ 71.54 Etiological agents, hosts, and
vectors.
(a) A person may not import into the
United States, nor distribute after importation, any etiological agent or any
arthropod or other animal host or vector of human disease, or any exotic living arthropod or other animal capable

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