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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 9 - Animals and Animal Products |
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Chapter I - Animal and Plant Health Inspection Service, Department of Agriculture |
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SubChapter F - User Fees |
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Part 130 - User Fees |
§ 130.1 - Definitions.
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§ 130.1 Definitions.
As used in this part, the following terms shall have the meaning set forth in this section.
Administrator. The Administrator of the Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.
Animal. All animals except birds, but including poultry.
Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture.
Animal Import Center. Quarantine facilities operated by APHIS in Newburgh, New York, and Miami, Florida. [1]
APHIS representative. An individual, including, but not limited to, an animal health technician or veterinarian, authorized by the Administrator to perform the services for which the user fees in this part are charged.
Approved establishment. An establishment approved by the Animal and Plant Health Inspection Service for the receipt and handling of restricted import animal products or byproducts under 9 CFR chapter I, subchapter D.
Biosecurity level three laboratory. A laboratory or production facility that works with foreign or domestic animal disease agents, organisms, or vectors that spread by aerosol route and that have serious or lethal effects, therefore requiring special biocontainment measures.
Bird. Any member of the class aves, other than poultry.
Breeding animal. Any animal imported into the United States for breeding purposes.
Consumer price index. The measure of the average change over time in prices paid by urban consumers for a market basket of consumer goods and services, as determined by the Bureau of Labor Statistics annually.
Cost of living. The adjusted annual rate used to determine the cost of maintaining a certain standard of living based on the economic assumptions in the Office of Management and Budget's Presidential Economic Assumptions.
Domestic animal. Any animal imported into the United States for any purpose other than exhibition in a zoo, park or other place maintained for the exhibition of live animals for recreational or educational purposesDiagnostic reagent. Substances used in diagnostic tests to detect disease agents or antibodies by causing an identifiable reaction.
Direct operating costs. Costs attributed to travel and transportation for personnel; materials, supplies, and other necessary items; training; general office supplies; rent; facility maintenance; equipment purchase and maintenance; utilities; contractual services; and information system operations, maintenance, and development.
Direct pay (including benefits). The wage labor costs (on board and in the hiring process), including benefits, for employees who specifically support and provide the required service.
Equine. Any horse, ass, mule, or zebra.
Export health certificate. An official document that, as required by the importing country, is endorsed by an APHIS representative and states that animals, animal products, organisms, vectors, or birds to be exported from the United States were found to be healthy and free from evidence of communicable diseases and pests.
Feeder animal. Any animal imported into the United States under 9 CFR part 93 of this chapter for feeding.
Germ plasm.Game cock. Any chicken bred, trained, or imported for cock fighting.
Germplasm. Semen, embryos, or ova.
Grade animal. Any unregistered animal.
Import compliance assistance. Import compliance assistance includes services Services provided to an importer whose shipment arrives at a port of entry without the necessary paperwork or with incomplete paperwork and who requires assistance to meet the requirements for entry into the United States. Fees for import compliance assistance are charged in addition to the flat rate user fees.
Imputed costs. Office of Workers' Compensation costs from the Department of Labor; costs of employee leave earned in a prior fiscal year and used in the current fiscal year; Office of Personnel Management and Department of State (State Department) costs to provide retirement, health, and life insurance benefits to employees; unemployment compensation costs; and Department of Justice judgment fund costs.
In-bond animal. Any animal imported into the United States under a United States Customs Service bond, as described in 19 CFR part 113.
Load. Those animals, birds, or animal germ plasm, presented for importation into the United States in a single shipment, that originate from one address, are destined for one address, and require one entry permit or authorization.
Miniature horse. Any horse which at maturity measures 34 inches high or less from the ground to the base of the last hair of the mane at the withers.
National Veterinary Services Laboratories (NVSL). The National Veterinary Services Laboratories of the Animal and Plant Health Inspection Service, located in Ames, Iowa.
National Veterinary Services Laboratories, Foreign Animal Disease Diagnostic Laboratory (FADDL). The National Veterinary Services Laboratories, Foreign Animal Disease Diagnostic Laboratory, located in Greenport, New York.
Nonstandard care and handling. Nonstandard care and handling includes hand-feeding, more than one feeding per day, frequent observation, and any handling or observation that requires personnel to attend to the birds or poultry outside of normal business hours.[2]
Nonstandard housing. Nonstandard housing is individual housing not normally available at an APHIS animal import center, any housing constructed or purchased at the request of the importer, any housing with blinds, dense foliage, or plants, and any housing where the temperature can be adjusted.
Person. An individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof.
Pet birds. Birds, except hatching eggs and ratites, that are imported or exported for the personal pleasure of their individual owners and are not intended for resale.
Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
Privately operated permanent import-quarantine facility. Any permanent facility approved under 9 CFR part 93 of this chapter to quarantine animals or birds, except facilities operated by APHIS.
Slaughter animal. Any animal moving directly to slaughterRegistered animal. Any animal recorded in the book of record of an animal registry association which issues certificates concerning the pedigree of animals.
Program, Agency, and Department support. Indirect or direct costs of the program, including supporting services provided to the industry.
Reserve. Funds above expected obligations that are required to effectively manage uncertainties in demand and timing to ensure sufficient operating funds in cases of bad debt, customer insolvency, fluctuations in activity volumes, information technology development costs, cash flow, facilities capital needs, or fluctuations in activity volumes caused by unforeseen global and national events.
Standard feed. Seed, or dry feeds such as dog food or monkey biscuits, whether soaked in water or not.
State animal health official. The State official responsible for livestock and poultry disease control and eradication programs.
Test. A single analysis performed on a single specimen from an animal, animal product, commercial product, or animal feed.
United States. The several States of the United States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.
Zoo animal. Any animal, including poultry, intended for exhibition in a zoo, park or other place maintained for the exhibition of live animals for recreational or educational purposes.[3]
Zoo bird. Any bird intended for exhibition in a zoo, park or other place maintained for the exhibition of live animals or birds for recreational or educational purposes.
Zoo equine. Any equine intended for exhibition in a zoo, park or other place maintained for the exhibition of live animals for recreational or educational purposes.
[57 FR 771, Jan. 9, 1992, as amended at 58 FR 38957, July 21, 1993; 58 FR 67654, Dec. 22, 1993; 59 FR 67617, Dec. 30, 1994; 61 FR 20432, May 7, 1996; 62 FR 56026, Oct. 28, 1997; 63 FR 53788, Oct. 7, 1998; 63 FR 64175, Nov. 19, 1998; 64 FR 67698, Dec. 3, 1999; 65 FR 38178, 38180, June 20, 2000; 68 FR 64507, Nov. 14, 2003; 74 FR 14001, Mar. 30, 2009; 86 FR 45629, Aug. 16, 2021]