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Electronic Code of Federal Regulations

e-CFR data is current as of December 10, 2019

Title 9Chapter ISubchapter F → Part 130


Title 9: Animals and Animal Products


PART 130—USER FEES


Contents
§130.1   Definitions.
§130.2   User fees for individual animals and certain birds quarantined in the APHIS-owned or -operated quarantine facilities, including APHIS Animal Import Centers.
§130.3   User fees for exclusive use of space at APHIS Animal Import Centers.
§130.4   User fees for processing import permit applications.
§130.5   User fees for services at privately owned permanent and temporary import quarantine facilities.
§130.6   User fees for inspection of live animals at land border ports along the United States-Mexico border.
§130.7   User fees for import or entry services for live animals at land border ports along the United States-Canada border.
§130.8   User fees for other services.
§130.9   [Reserved]
§130.10   User fees for pet birds.
§130.11   User fees for inspecting and approving import/export facilities and establishments.
§§130.12-130.13   [Reserved]
§130.14   User fees for FADDL veterinary diagnostics.
§130.15   User fees for veterinary diagnostic isolation and identification tests performed at NVSL (excluding FADDL) or other authorized site.
§130.16   User fees for veterinary diagnostic serology tests performed at NVSL (excluding FADDL) or at authorized sites.
§130.17   User fees for other veterinary diagnostic laboratory tests performed at NVSL (excluding FADDL) or at authorized sites.
§130.18   User fees for veterinary diagnostic reagents produced at NVSL or other authorized site (excluding FADDL).
§130.19   User fees for other veterinary diagnostic services or materials provided at NVSL (excluding FADDL).
§130.20   User fees for endorsing export certificates.
§130.21   [Reserved]
§130.22   User fees for inspection services outside the United States.
§§130.23-130.29   [Reserved]
§130.30   Hourly rate and minimum user fees.
§§130.31-130.48   [Reserved]
§130.49   Exemptions.
§130.50   Payment of user fees.
§130.51   Penalties for nonpayment or late payment.

Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, and 371.4.

Source: 57 FR 771, Jan. 9, 1992, unless otherwise noted.

§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

1The addresses of Animal Import Centers may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import-Export, 4700 River Road, Unit 38, Riverdale, Maryland 20737-1231.

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.

Diagnostic reagent. Substances used in diagnostic tests to detect disease agents or antibodies by causing an identifiable reaction.

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 purposes.

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 for feeding.

Game cock. Any chicken bred, trained, or imported for cock fighting.

Germ plasm. Semen, embryos, or ova.

Grade animal. Any unregistered animal.

Import compliance assistance. Import compliance assistance includes 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.

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

2Normal business hours at the APHIS Animal Import Centers are: 7 a.m. to 3:30 p.m., Miami, FL; and 8 a.m. to 4:30 p.m., Newburgh, NY.

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 to quarantine animals or birds, except facilities operated by APHIS.

Registered animal. Any animal recorded in the book of record of an animal registry association which issues certificates concerning the pedigree of animals.

Slaughter animal. Any animal moving directly to slaughter.

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

3Regulations concerning approval of zoos and requirements for importing wild animals are found in part 93 of this chapter.

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]

§130.2   User fees for individual animals and certain birds quarantined in the APHIS-owned or -operated quarantine facilities, including APHIS Animal Import Centers.

(a) Standard requirements. User fees for any service rendered by an APHIS representative for each animal or bird receiving standard housing, care, feed, and handling while quarantined in an APHIS owned or operated animal import center or quarantine facility are listed in the following table. Each user fee listed in the table is assessed per animal or bird quarantined by APHIS. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Animal or birdDaily user fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning Oct. 1, 2012
Birds (excluding ratites and pet birds imported in accordance with part 93 of this subchapter):
0-250 grams$2.50$2.75$2.75$2.75$3.00
251-1,000 grams8.258.508.759.009.25
Over 1,000 grams18.0019.0019.0020.0021.00
Domestic or zoo animals (except equines, birds, and poultry):
Bison, bulls, camels, cattle, or zoo animals144.00149.00153.00158.00162.00
All others, including, but not limited to, alpacas, llamas, goats, sheep, and swine38.0039.0040.0042.0043.00
Equines (including zoo equines, but excluding miniature horses):
1st through 3rd day (fee per day)382.00393.00405.00417.00429.00
4th through 7th day (fee per day)276.00284.00292.00301.00310.00
8th and subsequent days (fee per day)235.00242.00249.00256.00264.00
Miniature horses86.0089.0091.0094.0097.00
Poultry (including zoo poultry):
Doves, pigeons, quail5.005.255.505.505.75
Chickens, ducks, grouse, guinea fowl, partridge, pea fowl, pheasants9.009.259.509.7510.00
Large poultry and large waterfowl, including, but not limited to, gamecocks, geese, swans, and turkeys21.0022.0022.0023.0024.00
Ratites:
Chicks (less than 3 months old)13.0013.0014.0014.0015.00
Juveniles (3 months through 10 months old)20.0020.0021.0022.0022.00
Adults (11 months old or older)38.0039.0040.0042.0043.00

(b) Special requirements. User fees for birds or poultry, including zoo birds or poultry, receiving nonstandard housing, care, or handling to meet special requirements while quarantined in an APHIS owned or operated Animal Import Center or quarantine facility are listed in the following table. The user fees listed in the table are assessed for each bird or poultry quarantined by APHIS. Special requirements may be requested by the importer or required by an APHIS representative. Certain conditions or traits, such as pregnancy or aggression, may necessitate special requirements for certain birds or poultry. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Bird or poultry (nonstandard housing, care, or handling)Daily user fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning Oct. 1, 2012
Birds 0-250 grams and doves, pigeons and quail$8.25$8.50$8.75$9.00$9.25
Birds 251-1,000 grams and poultry such as chickens, ducks, grouse, guinea fowl, partridge, pea fowl, and pheasants18.0019.0019.0020.0021.00
Birds over 1,000 grams and large poultry and large waterfowl, including, but not limited to gamecocks, geese, swans, and turkeys35.0036.0037.0039.0040.00

(c) Feed. The importer must either provide feed or pay for it on an actual cost basis, including the cost of delivery to the APHIS owned or operated Animal Import Center or quarantine facility, for any animal or bird that requires a diet other than standard feed, including but not limited to diets of fruit, insects, nectar, or fish.

(Approved by the Office of Management and Budget under control number 0579-0094)

[63 FR 53788, Oct. 7, 1998, as amended at 65 FR 52005, Aug. 28, 2000; 68 FR 51883, Aug. 29, 2003; 68 FR 62227, Nov. 3, 2003; 72 FR 70765, Dec. 13, 2007; 74 FR 14001, Mar. 30, 2009]

§130.3   User fees for exclusive use of space at APHIS Animal Import Centers.

(a)(1) An importer may request to exclusively occupy a space at an APHIS animal import center. The user fees for spaces at APHIS animal import centers are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Animal import centerMonthly user fee
Apr. 29, 2009-
Sept. 30, 2009
Oct. 1, 2009-
Sept. 30, 2010
Oct. 1, 2010-
Sept. 30, 2011
Oct. 1, 2011-
Sept. 30, 2012
Beginning
October 1, 2012
Newburgh, NY:
Space A
5,396 sq. ft.
(503.1 sq. m.)
$83,756.00$86,268.00$88,856.00$91, 513.00$94,249.00
Space B
8,903 sq. ft.
(827.1 sq. m.)
138,190.00142,335.00146,605.00150,989.00155,504.00
Space C
905 sq. ft.
(84.1 sq. m.)
14,047.0014,469.0014,903.0015,348.0015,807.00

(2) Any importer who occupies space for more than 30 days must pay 1/30th of the 30-day fee for each additional day or part of a day. The person for whom the service is provided and the person requesting the service are jointly and severally liable for any additional charges.

(3) Unless the importer cancels the reservation for exclusive use of space in time to receive a refund of the reservation fee in accordance with 9 CFR 93.103, 93.204, 93.304, 93.404, or 93.504, as appropriate, the 30-day user fee will be effective as of the first day for which the importer has reserved the space, regardless of whether the user occupies the space on that date or not.

(b) Users must provide APHIS personnel at the Animal Import Center, at the time they make a reservation for quarantine space, with the following information:

(1) Species of animals and birds to be quarantined;

(2) Ages of animals and birds to be quarantined; and

(3) Sizes of animals and birds to be quarantined.

(c)(1) APHIS personnel at the Animal Importer Center will determine, based on the information provided by the importer under paragraph (b) of this section, and on routine husbandry needs, the maximum number of animals and birds permitted in the requested building.

(2) If the number of animals and birds requested by the importer can be housed in the space requested, as determined by APHIS personnel at the Animal Import Center, but two animal health technicians cannot fulfill the routine husbandry needs of the number of animals or birds proposed by the importer, then the importer must pay for additional services on an hourly basis, or reduce the number of animals or birds to be quarantined to a number which APHIS personnel at the Animal Import Center determine can be handled by two animal health technicians.

(3) If the importer requests additional services, then the user fees for any service rendered by an APHIS representative will be calculated at the hourly rate user fee listed in §130.30, for each employee required to perform the service.

(d) The importer must provide feed, or pay for it on an actual cost basis, including cost of delivery to the Animal Import Center.

(Approved by the Office of Management and Budget under control numbers 0579-0040 and 0579-0094)

[57 FR 771, Jan. 9, 1992, as amended at 58 FR 67654, Dec. 22, 1993; 61 FR 20432, May 7, 1996; 62 FR 56026, Oct. 28, 1997; 63 FR 53789, Oct. 7, 1998; 65 FR 52006, Aug. 28, 2000; 68 FR 51883, Aug. 29, 2003; 72 FR 70765, Dec. 13, 2007; 74 FR 14002, Mar. 30, 2009; 74 FR 18115, Apr. 21, 2009]

§130.4   User fees for processing import permit applications.

User fees for any service rendered by an APHIS representative for processing applications for permits to import certain animals and animal products (using VS forms 16-3 and 17-129) are listed in the table in this section. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51. These fees are nonrefundable. The table follows:

ServiceUnitUser fee
Apr. 29, 2009-
Sept. 30, 2009
Oct. 1, 2009-
Sept. 30, 2010
Oct. 1, 2010-
Sept. 30, 2011
Oct. 1, 2011-
Sept. 30, 2012
Beginning
Oct. 1, 2012
Import compliance assistance:
Simple (4 hours or less)Per shipment$99.00$102.00$105.00$108.00$111.00
Complicated (more than 4 hours)Per shipment514.00514.00531.00548.00565.00
Processing an application for a permit to import live animals, animal products or by products, organisms, vectors, or germ plasm (embryos or semen) or to transport organisms or vectors1
Initial permitPer application133.00137.00141.00145.00150.00
Amended permitPer amended application66.0068.0070.0073.0075.00
Renewed permit2Per application86.0089.0091.0094.0097.00
Processing an application for a permit to import fetal bovine serum when facility inspection is requiredPer application455.00469.00483.00497.00512.00

1Using Veterinary Services Form 16-3, “Application for Permit to Import or Transport Controlled Material or Organisms or Vectors,” or Form 17-129, “Application for Import or In Transit Permit (Animals, Animal Semen, Animal Embryos, Birds, Poultry, or Hatching Eggs).”

2Permits to import germ plasm and live animals are not renewable.

[66 FR 39631, Aug. 1, 2001, as amended at 68 FR 51883, Aug. 29, 2003; 72 FR 70766, Dec. 13, 2007; 74 FR 14002, Mar. 30, 2009]

§130.5   User fees for services at privately owned permanent and temporary import quarantine facilities.

(a) User fees for any service rendered by an APHIS representative for each animal quarantined in a privately operated permanent or temporary import quarantine facility will be calculated at the hourly user fee rate listed in §130.30, for each employee required to perform the service. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

(b) [Reserved]

(Approved by the Office of Management and Budget under control number 0579-0094)

[65 FR 52006, Aug. 28, 2000, as amended at 72 FR 70766, Dec. 13, 2007]

§130.6   User fees for inspection of live animals at land border ports along the United States-Mexico border.

(a) User fees for any service rendered by an APHIS representative for live animals presented for importation into or entry into the United States through a land border port along the United States-Mexico border are listed in the following table. The minimum user fee for this service is listed in §130.30. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Type of live animalPer head user fee
April 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Any ruminants (including breeder ruminants) not covered below$13.00$13.00$14.00$14.00$14.00
Feeder3.753.754.004.004.00
Horses, other than slaughter62.0064.0066.0068.0070.00
In-bond or in-transit8.258.508.759.009.25
Slaughter5.505.505.756.006.00

(b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[65 FR 52006, Aug. 28, 2000, as amended at 68 FR 51884, Aug. 29, 2003; 72 FR 70766, Dec. 13, 2007; 74 FR 14003, Mar. 30, 2009]

§130.7   User fees for import or entry services for live animals at land border ports along the United States-Canada border.

(a) User fees for any service rendered by an APHIS representative for live animals presented for importation into or entry into the United States through a land border port along the United States-Canada border are listed in the following table. The minimum user fee for this service is listed in §130.30. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Type of live animalUnitUser fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Animals being imported into the United States: Breeding animals (Grade animals, except horses):
Sheep and goatsPer head$0.75$0.75$0.75$1.00$1.00
SwinePer head1.251.251.251.251.25
All othersPer head4.754.755.005.255.25
Feeder animals:
Cattle (not including calves)Per head2.252.252.502.502.50
Sheep and calvesPer head0.750.751.001.001.00
SwinePer head0.500.500.500.500.50
Horses (including registered horses) other than slaughter and in-transitPer head41.0042.0043.0045.0046.00
Poultry (including eggs), imported for any purposePer load71.0073.0075.0077.0080.00
Registered animals, all types (except horses)Per head8.508.759.259.509.75
Slaughter animals, all types (except poultry)Per load35.0036.0037.0039.0040.00
Animals transiting1 the United States:
CattlePer head2.252.252.502.502.50
Sheep and goatsPer head0.500.500.500.500.50
SwinePer head0.500.500.500.500.50
Horses and all other animalsPer head9.7510.0010.0010.0011.00

1The user fee in this section will be charged for in-transit authorizations at the port where the authorization services are performed. For additional services provided by APHIS, at any port, the hourly user fee in §130.30 will apply.

(b) If a service must be conducted on a Sunday or holiday or at any other time outside the normal tour of duty of the employee, then reimbursable overtime, as provided for in part 97 of this chapter, must be paid for each service, in addition to the user fee listed in this section.

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[65 FR 52007, Aug. 28, 2000, as amended at 67 FR 48524, July 25, 2002; 68 FR 51884, Aug. 29, 2003; 72 FR 70766, Dec. 13, 2007; 74 FR 14003, Mar. 30, 2009]

§130.8   User fees for other services.

(a) User fees for any service rendered by an APHIS representative for other services that are not specifically addressed elsewhere in part 130 are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

ServiceUnitUser fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Germ plasm being exported:1
Embryo:
Up to 5 donor pairsPer certificate$117.00$121.00$124.00$128.00$132.00
Each additional group of donor pairs, up to 5 pairs per group on the same certificatePer group of donor pairs52.0054.0055.0057.0059.00
SemenPer certificate72.0074.0076.0079.0081.00
Release from export agricultural hold:
Simple (2 hours or less)Per release99.00102.00105.00108.00111.00
Complicated (more than 2 hours)Per release254.00262.00270.00278.00286.00

1This user fee includes a single inspection and resealing of the container at the APHIS employee's regular tour of duty station or at a limited port. For each subsequent inspection and resealing required, the hourly user fee in §130.3 will apply.

(b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 0579-0015, 0579-0040, 0579-0055 and 0579-0094)

[65 FR 52007, Aug. 28, 2000, as amended at 66 FR 39632, Aug. 1, 2001; 68 FR 51884, Aug. 29, 2003; 72 FR 70766, Dec. 13, 2007; 74 FR 14004, Mar. 30, 2009]

§130.9   [Reserved]

§130.10   User fees for pet birds.

(a) User fees for pet birds of U.S. origin returning to the United States, except pet birds of U.S. origin returning from Canada, are as follows:

ServicePer lot user fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
(1) Which have been out of the United States 60 days or less$153.00$157.00$162.00$167.00$172.00
(2) Which have been out of the United States more than 60 days363.00374.00385.00397.00409.00

(b) User fees for each pet bird quarantined in an animal import center or other APHIS-owned or supervised quarantine facility are listed in the following table. These user fees include standard care, feed, and handling. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Number of birds in isoletteDaily user fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
1$13.00$13.00$14.00$14.00$15.00
216.0016.0017.0017.0018.00
318.0019.0019.0020.0021.00
421.0022.0022.0023.0024.00
5 or more25.0026.0027.0028.0029.00

(c) Based on the information provided to APHIS personnel, APHIS personnel at the Animal Import Center or other APHIS owned or supervised quarantine facility will determine the appropriate number of birds that should be housed per isolette.

(d) If the importer requests additional services, then the user fees for those services will be calculated at the hourly rate user fee listed in §130.30, for each employee required to perform the service.

(Approved by the Office of Management and Budget under control number 0579-0094)

[61 FR 20434, May 7, 1996; 61 FR 25513, May 21, 1996, as amended at 62 FR 56026, Oct. 28, 1997; 63 FR 53791, Oct. 7, 1998; 64 FR 67700, Dec. 3, 1999; 65 FR 52008, Aug. 28, 2000; 68 FR 51885, Aug. 29, 2003; 74 FR 14004, Mar. 30, 2009]

§130.11   User fees for inspecting and approving import/export facilities and establishments.

(a) User fees for the inspection of various import and export facilities and establishments are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51. These user fees do not apply to inspection activities covered in §130.30(a)(2).

ServiceUnitUser fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Embryo collection center inspection and approval (all inspections required during the year for facility approval)Per year$537.00$553.00$570.00$587.00$604.00
Inspection for approval of biosecurity level three labs (all inspections related to approving the laboratory for handling one defined set of organisms or vectors)1Per inspection1,381.001,422.001,465.001,509.001,554.00
Inspection for approval of slaughter establishment:
Initial approval (all inspections)Per year527.00543.00559.00576.00593.00
Renewal (all inspections)Per year457.00470.00484.00499.00514.00
Inspection of approved establishments, warehouses, and facilities under 9 CFR parts 94 through 96:
Approval (compliance agreement) (all inspections for first year of 3-year approval)Per year563.00579.00597.00615.00633.00
Renewal (all inspections for second and third years of 3-year approval)Per year325.00335.00345.00355.00366.00

1The hourly user fee rate in §130.30(2) applies to biosecurity level two laboratories.

(b) [Reserved]

[65 FR 52008, Aug. 28, 2000, as amended at 68 FR 51885, Aug. 29, 2003; 68 FR 64507, Nov. 14, 2003; 72 FR 70766, Dec. 13, 2007; 74 FR 14004, Mar. 30, 2009]

§§130.12-130.13   [Reserved]

§130.14   User fees for FADDL veterinary diagnostics.

(a) Diagnostic reagents. User fees for diagnostic reagents4 provided by FADDL are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

4Reagents provided by FADDL are for the diagnosis of animal diseases foreign to the United States. These reagents may be available to customers on the mainland after safety testing with permission from the Administrator. The customer may have to pay the cost for the safety test in addition to the reagent user fee. For more information on the specific reagents contact: Laboratory Chief, USDA, APHIS, VS, FADDL, Greenport, NY 11344; phone (516) 323-2500, FAX (516) 323-2798.

Reagent Unit User fee
June 7, 2004-Sept. 30, 2004 Oct. 1, 2004-Sept. 30, 2005 Oct. 1, 2005-Sept. 30, 2006 Beginning
Oct. 1, 2006
Bovine antiserum, any agent1 mL$150.00$155.00$160.00$165.00
Caprine antiserum, any agent1 mL184.00189.00195.00202.00
Cell culture antigen/microorganism1 mL103.00106.00109.00111.00
Equine antiserum, any agent1 mL186.00192.00198.00204.00
Fluorescent antibody conjugate1 mL169.00172.00176.00179.00
Guinea pig antiserum, any agent1 mL184.00189.00194.00200.00
Monoclonal antibody1 mL222.00229.00235.00243.00
Ovine antiserum, any agent1 mL176.00181.00187.00193.00
Porcine antiserum, any agent1 mL152.00157.00162.00167.00
Rabbit antiserum, any agent1 mL179.00185.00190.00196.00

(b) Veterinary diagnostics tests. User fees for veterinary diagnostic tests performed at FADDL are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Test Unit User fee
June 7, 2004-Sept. 30, 2004 Oct. 1, 2004-Sept. 30, 2005 Oct. 1, 2005-Sept. 30, 2006Beginning
Oct. 1, 2006
Agar gel immunodiffusionTest$30.00$31.00$32.00$33.00
CardTest17.0017.0018.0018.00
Complement fixationTest36.0037.0038.0040.00
Direct immunofluorescent antibodyTest22.0023.0024.0025.00
Enzyme linked immunosorbent assayTest26.0027.0028.0029.00
Fluorescent antibody neutralization (classical swine fever)Test194.00201.00208.00215.00
Hemagglutination inhibitionTest57.0059.0061.0063.00
ImmunoperoxidaseTest29.0030.0031.0032.00
Indirect fluorescent antibodyTest35.0036.0037.0039.00
In-vitro safetyTest570.00589.00609.00630.00
In-vivo safetyTest5,329.005,387.005,447.005,509.00
Latex agglutinationTest23.0024.0025.0026.00
Tube agglutinationTest28.0028.0029.0030.00
Virus isolation (oesophageal/pharyngeal)Test180.00186.00192.00199.00
Virus isolation in embryonated eggsTest346.00358.00370.00383.00
Virus isolation, otherTest155.00160.00166.00171.00
Virus neutralizationTest52.0054.0056.0058.00

(c) Other veterinary diagnostic services. User fees for other veterinary diagnostic services performed at FADDL are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

Veterinary diagnostic service Unit User fee
June 7, 2004-Sept. 30, 2004 Oct. 1, 2004-Sept. 30, 2005 Oct. 1, 2005-Sept. 30, 2006 Beginning
Oct. 1, 2006
Bacterial isolationTest$112.00$115.00$119.00$123.00
Hourly user fee services1Hour445.00460.00476.00492.00
Hourly user fee services—Quarter hourQuarter hour111.00115.00119.00123.00
Infected cells on chamber slides or platesSlide49.0050.0051.0053.00
Reference animal tissues for immunohistochemistrySet171.00177.00182.00187.00
Sterilization by gamma radiationCan1,740.001,799.001,860.001,923.00
Training (school or technical assistance)Per person per day910.00941.00973.001,006.00
Virus titrationTest112.00115.00119.00123.00

1For all veterinary diagnostic services for which there is no flat rate user fee, the hourly rate user fee will be calculated for the actual time required to provide the service.

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[63 FR 53791, Oct. 7, 1998, as amended at 64 FR 67700, Dec. 3, 1999; 68 FR 16940, Apr. 7, 2003; 69 FR 25307, May 6, 2004]

§130.15   User fees for veterinary diagnostic isolation and identification tests performed at NVSL (excluding FADDL) or other authorized site.

(a) Bacteriology isolation and identification tests. User fees for bacteriology isolation and identification tests performed at NVSL (excluding FADDL) or other authorized sites are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

TestUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Bacterial identification, automatedIsolate$53.00$54.00$55.00$57.00$58.00
Bacterial identification, non-automatedIsolate90.0092.0094.0096.0098.00
Bacterial isolationSample36.0037.0038.0039.0040.00
Bacterial serotyping, all otherIsolate55.0056.0056.0057.0058.00
Bacterial serotyping, Pasteurella multocidaIsolate18.0019.0019.0019.0020.00
Bacterial serotyping, SalmonellaIsolate36.0037.0038.0039.0040.00
Bacterial toxin typingIsolate120.00123.00126.00128.00131.00
Bacteriology requiring special characterizationTest92.0094.0096.0098.00101.00
DNA fingerprintingTest59.0061.0062.0063.0064.00
DNA probeTest83.0085.0086.0088.0089.00
Fluorescent antibodyTest19.0019.0020.0020.0020.00
Mycobacterium identification (biochemical)Isolate115.00117.00120.00122.00125.00
Mycobacterium identification (gas chromatography)Procedure96.0099.00101.00103.00105.00
Mycobacterium isolation, animal inoculationsSubmission844.00852.00868.00884.00900.00
Mycobacterium isolation, all otherSubmission151.00154.00158.00161.00165.00
Mycobacterium paratuberculosis isolationSubmission72.0074.0075.0077.0079.00
Phage typing, all otherIsolate42.0043.0044.0045.0046.00
Phage typing, Salmonella enteritidisIsolate24.0024.0025.0025.0026.00

(b) Virology identification tests. User fees for virology identification tests performed at NVSL (excluding FADDL) or other authorized sites are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

TestUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Fluorescent antibody tissue sectionTest$29.00$30.00$30.00$31.00$31.00
Virus isolationTest48.0049.0050.0051.0052.00

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[63 FR 53792, Oct. 7, 1998, as amended at 69 FR 25308, May 6, 2004; 72 FR 71746, Dec. 19, 2007]

§130.16   User fees for veterinary diagnostic serology tests performed at NVSL (excluding FADDL) or at authorized sites.

(a) Bacteriology serology tests. User fees for bacteriology serology tests performed at NVSL (excluding FADDL) or other authorized sites are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

TestUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Brucella ring (BRT)Test$36.00$37.00$38.00$39.00$40.00
Brucella ring, heat inactivated (HIRT)Test36.0037.0038.0039.0040.00
Brucella ring, serial (Serial BRT)Test54.0056.0057.0058.0059.00
Buffered acidified plate antigen presumptiveTest7.007.257.507.508.00
CardTest4.004.004.254.254.50
Complement fixationTest16.0017.0017.0018.0018.00
Enzyme linked immunosorbent assayTest16.0017.0017.0018.0018.00
Indirect fluorescent antibodyTest14.0015.0015.0015.0016.00
Microscopic agglutination—includes up to 5 serovarsSample24.0024.0025.0025.0026.00
Microscopic agglutination—each serovar in excess of 5 serovarsSample4.254.504.504.504.75
Particle concentration fluorescent immunoassay (PCFIA)Test36.0037.0038.0038.0039.00
PlateTest7.007.257.507.507.75
Rapid automated presumptiveTest7.007.007.257.257.25
RivanolTest7.007.257.507.507.75
Tube agglutinationTest7.007.257.507.507.75

(b) Virology serology tests. User fees for virology serology tests performed at NVSL (excluding FADDL) or at authorized sites are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

TestUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Agar gel immunodiffusionTest$16.00$17.00$17.00$17.00$18.00
Complement fixationTest16.0017.0017.0018.0018.00
Enzyme linked immunosorbent assayTest16.0017.0017.0018.0018.00
Hemagglutination inhibitionTest14.0015.0015.0015.0016.00
Indirect fluorescent antibodyTest14.0015.0015.0015.0016.00
Latex agglutinationTest16.0017.0017.0017.0018.00
Peroxidase linked antibodyTest15.0016.0016.0016.0017.00
Plaque reduction neutralizationTest18.0018.0019.0019.0019.00
Rabies fluorescent antibody neutralizationTest45.0046.0047.0049.0050.00
Virus neutralizationTest13.0013.0014.0014.0014.00

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[63 FR 53793, Oct. 7, 1998, as amended at 69 FR 25309, May 6, 2004; 72 FR 71746, Dec. 19, 2007]

§130.17   User fees for other veterinary diagnostic laboratory tests performed at NVSL (excluding FADDL) or at authorized sites.

(a) User fees for veterinary diagnostics tests performed at the Pathobiology Laboratory at NVSL (excluding FADDL) or at authorized sites are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

TestUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Aflatoxin quantitationTest$30.00$31.00$32.00$32.00$33.00
Aflatoxin screenTest29.0029.0030.0030.0031.00
Agar gel immunodiffusion spp. identificationTest13.0013.0013.0014.0014.00
Antibiotic (bioautography) quantitationTest66.0067.0068.0070.0072.00
Antibiotic (bioautography) screenTest119.00122.00125.00128.00130.00
Antibiotic inhibitionTest66.0067.0068.0070.0072.00
ArsenicTest17.0018.0018.0019.0019.00
Ergot alkaloid screenTest66.0067.0068.0070.0072.00
Ergot alkaloid confirmationTest86.0088.0089.0091.0094.00
Feed microscopyTest66.0067.0068.0070.0072.00
Fumonisin onlyTest37.0038.0039.0040.0040.00
GossypolTest98.00100.00103.00105.00107.00
MercuryTest145.00148.00151.00155.00158.00
Metals screenTest44.0045.0046.0047.0048.00
Metals single element confirmationTest13.0013.0013.0014.0014.00
Mycotoxin: aflatoxin-liverTest119.00122.00125.00128.00130.00
Mycotoxin screenTest48.0049.0050.0051.0052.00
Nitrate/nitriteTest66.0067.0068.0070.0072.00
Organic compound confirmationTest88.0090.0092.0094.0096.00
Organic compound screenTest151.00155.00158.00161.00165.00
ParasitologyTest29.0029.0030.0030.0031.00
Pesticide quantitationTest132.00135.00138.00141.00144.00
Pesticide screenTest60.0062.0063.0064.0066.00
pHTest26.0027.0028.0028.0029.00
Plate cylinderTest98.00100.00103.00105.00107.00
SeleniumTest44.0045.0046.0047.0048.00
Silicate/carbonate disinfectantTest66.0067.0068.0070.0072.00
Temperature disksTest130.00133.00136.00139.00142.00
Toxicant quantitation, otherTest110.00112.00115.00117.00120.00
Toxicant screen, otherTest33.0033.0034.0035.0036.00
Vomitoxin onlyTest53.0054.0055.0056.0058.00
Water activityTest33.0033.0034.0035.0036.00
Zearaleone quantitationTest53.0054.0055.0056.0058.00
Zearaleone screenTest29.0029.0030.0030.0031.00

(b) [Reserved]

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[63 FR 53793, Oct. 7, 1998, as amended at 69 FR 25309, May 6, 2004; 72 FR 71747, Dec. 19, 2007]

§130.18   User fees for veterinary diagnostic reagents produced at NVSL or other authorized site (excluding FADDL).

(a) Bacteriology reagents. User fees for bacteriology reagents produced by the Diagnostic Bacteriology Laboratory at NVSL (excluding FADDL) or other authorized site are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

ReagentUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Anaplasma card test antigen2 mL$95.00$97.00$99.00$101.00$103.00
Anaplasma card test kit without antigenKit127.00130.00133.00136.00139.00
Anaplasma CF antigen2 mL46.0046.0046.0047.0047.00
Anaplasma stabilate4.5 mL175.00178.00181.00185.00188.00
Avian origin bacterial antiserums1 mL48.0049.0050.0051.0052.00
Bacterial agglutinating antigens other than brucella and salmonella pullorum5 mL54.0055.0057.0058.0059.00
Bacterial conjugates1 mL96.0099.00101.00103.00105.00
Bacterial disease CF antigens, all other1 mL29.0030.0030.0031.0032.00
Bacterial ELISA antigens1 mL29.0030.0031.0031.0032.00
Bacterial or protozoal antiserums, all other1 mL60.0061.0063.0064.0066.00
Bacterial reagent culture1Culture73.0074.0076.0078.0079.00
Bacterial reference culture2Culture228.00233.00239.00244.00249.00
Bacteriophage reference cultureCulture172.00176.00180.00183.00188.00
Bovine serum factor1 mL18.0018.0019.0019.0019.00
Brucella abortus CF antigen60 mL151.00154.00158.00161.00165.00
Brucella agglutination antigens, all other60 mL151.00154.00158.00161.00165.00
Brucella buffered plate antigen60 mL172.00176.00180.00183.00188.00
Brucella canis tube antigen25 mL114.00116.00119.00121.00124.00
Brucella card test antigen (packaged)Package90.0092.0094.0096.0098.00
Brucella card test kit without antigenKit113.00114.00116.00117.00119.00
Brucella cellsGram19.0019.0019.0020.0020.00
Brucella cells, driedPellet6.006.006.256.256.25
Brucella ring test antigen60 mL241.00246.00252.00257.00263.00
Brucella rivanol solution60 mL29.0030.0031.0031.0032.00
Dourine CF antigen1 mL89.0091.0093.0095.0097.00
Dourine stabilate4.5 mL109.00111.00112.00114.00116.00
Equine and bovine origin babesia species antiserums1 mL127.00130.00133.00136.00139.00
Equine negative control CF antigen1 mL282.00283.00286.00290.00293.00
Flazo-orange3 mL13.0013.0013.0013.0014.00
Glanders CF antigen1 mL77.0079.0081.0082.0084.00
Hemoparasitic disease CF antigens, all other1 mL541.00553.00565.00577.00590.00
Leptospira transport medium10 mL4.254.504.504.504.75
Monoclonal antibody1 mL95.0097.0099.00101.00103.00
Mycobacterium spp. old tuberculin1 mL24.0024.0025.0025.0026.00
Mycobacterium spp. PPD1 mL18.0019.0019.0019.0020.00
Mycoplasma hemagglutination antigens5 mL180.00184.00188.00192.00197.00
Negative control serums1 mL18.0019.0019.0019.0020.00
Rabbit origin bacterial antiserum1 mL52.0053.0054.0055.0056.00
Salmonella pullorum microagglutination antigen5 mL15.0016.0016.0016.0017.00
Stabilates, all other4.5 mL684.00690.00703.00716.00730.00

1A reagent culture is a bacterial culture that has been subcultured one or more times after being tested for purity and identity. It is intended for use as a reagent with a diagnostic test such as the leptospiral agglutination test.

2A reference culture is a bacterial culture that has been thoroughly tested for purity and identity. It should be suitable as a master seed for future cultures.

(b) Virology reagents. User fees for virology reagents produced by the Diagnostic Virology Laboratory at NVSL (excluding FADDL) or at authorized sites are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

ReagentUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Antigen, except avian influenza and chlamydia psittaci antigens, any2 mL$61.00$62.00$64.00$65.00$67.00
Avian antiserum except avian influenza antiserum, any2 mL48.0049.0051.0052.0053.00
Avian influenza antigen, any2 mL33.0034.0035.0036.0036.00
Avian influenza antiserum, any6 mL103.00105.00108.00110.00113.00
Bovine or ovine serum, any2 mL127.00130.00133.00136.00139.00
Cell cultureFlask151.00154.00158.00161.00165.00
Chlamydia psittaci spp. of origin monoclonal antibody panelPanel95.0096.0098.0099.00101.00
Conjugate, any1 mL73.0075.0076.0078.0080.00
Diluted positive control serum, any2 mL24.0025.0025.0026.0027.00
Equine antiserum, any2 mL45.0046.0047.0048.0049.00
Monoclonal antibody1 mL102.00104.00106.00108.00110.00
Other spp. antiserum, any1 mL52.0052.0052.0053.0053.00
Porcine antiserum, any2 mL105.00108.00110.00113.00115.00
Porcine tissue setsTissue set157.00157.00158.00159.00161.00
Positive control tissues, all2 cm2 section60.0062.0063.0065.0066.00
Rabbit origin antiserum1 mL52.0053.0054.0055.0056.00
Reference virus, any0.6 mL180.00184.00188.00193.00197.00
Viruses (except reference viruses), chlamydia psittaci agent or chlamydia psittaci antigen, any0.6 mL30.0031.0032.0032.0033.00

(Approved by the Office of Management and Budget under control number 0579-0094)

[63 FR 53794, Oct. 7, 1998, as amended at 68 FR 16940, Apr. 7, 2003; 69 FR 25310, May 6, 2004; 72 FR 71748, Dec. 19, 2007]

§130.19   User fees for other veterinary diagnostic services or materials provided at NVSL (excluding FADDL).

(a) User fees for other veterinary diagnostic services or materials available from NVSL (excluding FADDL) are listed in the following table. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

ServiceUnitUser fee
Jan. 18, 2008-Sept. 30, 2008Oct. 1, 2008-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Beginning Oct. 1, 2011
Antimicrobial susceptibility testIsolate$105.00$107.00$109.00$112.00$114.00
Avian safety testTest4,082.004,090.004,099.004,109.004,180.00
Check tests, cultureKit1176.00179.00182.00185.00189.00
Check tests, serologyKit1361.00369.00377.00385.00394.00
Fetal bovine serum safety testVerification1,119.001,122.001,134.001,147.001,160.00
Hourly user fees:2
HourHour104.00104.00108.00112.00112.00
Quarter hourQuarter Hour26.0026.0027.0028.0028.00
Minimum30.0031.0032.0033.0033.00
Manual, brucellosis culture1 copy115.00117.00120.00122.00125.00
Manual, tuberculosis Culture (English or Spanish)1 copy172.00176.00180.00183.00188.00
Manual, Veterinary mycology1 copy172.00176.00180.00183.00188.00
Manuals or standard operating procedure (SOP), all other1 copy34.0035.0036.0037.0037.00
Manuals or SOP, per page1 page2.252.502.502.752.75
Training (school or technical assistance)Per person per day332.00339.00346.00354.00362.00

1Any reagents required for the check test will be charged separately.

2For veterinary diagnostic services for which there is no flat user fee the Hourly rate user fee will be calculated for the actual time required to provide the service.

(b) [Reserved]

(Approved by the Office of Management and Budget under control number 0579-0094)

[63 FR 53795, Oct. 7, 1998, as amended at 69 FR 25311, May 6, 2004; 72 FR 71749, Dec. 19, 2007]

§130.20   User fees for endorsing export certificates.

(a) User fees for the endorsement of export health certificates that do not require the verification of tests or vaccinations are listed in the following table. The user fees apply to each export health certificate5 endorsed for the following types of animals, birds, or animal products, regardless of the number of animals, birds, or animal products covered by the certificate. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

5An export health certificate may need to be endorsed for an animal being exported from the United States if the country to which the animal is being shipped requires one. APHIS endorses export health certificates as a service.

Certificate categoriesUser fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Animal and nonanimal products$45.00$47.00$48.00$49.00$51.00
Hatching eggs42.0044.0045.0046.0048.00
Poultry, including slaughter poultry42.0044.0045.0046.0048.00
Ruminants, except slaughter ruminants moving to Canada or Mexico47.0048.0049.0051.0052.00
Slaughter animals (except poultry but including ruminants) moving to Canada or Mexico49.0051.0052.0054.0056.00
Other endorsements or certifications34.0035.0036.0037.0038.00

(b)(1) User fees for the endorsement of export health certificates that require the verification of tests or vaccinations are listed in the following table. The user fees apply to each export health certificate5 endorsed for animals and birds depending on the number of animals or birds covered by the certificate and the number of tests or vaccinations required. However, there will be a maximum user fee of 12 times the hourly rate user fee listed in §130.30(a) of this part for any single shipment. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with the provisions in §§130.50 and 130.51.

5An export health certificate may need to be endorsed for an animal being exported from the United States of the country to which the animal is being shipped requires one. APHIS endorses export health certificates as a service.

Number1 of tests or vaccinations and number of animals or birds on the certificateUser fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
1-2 tests or vaccinations
Nonslaughter horses to Canada:
First horse$54.00$55.00$57.00$59.00$60.00
Each additional horse6.256.256.506.757.00
Other animals or birds:
First animal107.00111.00114.00117.00121.00
Each additional animal6.256.256.506.757.00
3-6 tests or vaccinations
First animal133.00137.00141.00145.00150.00
Each additional animal10.0011.0011.0011.0012.00
7 or more tests or vaccinations
First animal154.00159.00163.00168.00173.00
Each additional animal12.0012.0013.0013.0014.00

1Rabies vaccinations are not included in this number.

(2) If an export certificate covers more than one animal, but the number of tests required for different animals are not the same, the user fee for the certificate is the fee which would be due if all the animals on the certificate required the same number of tests as the animal which requires the greatest number of tests.

(c) The user fees prescribed in this section will not apply to an export health certificate if the export health certificate is prepared for endorsement completely at the site of the inspection by an APHIS veterinarian in the course of performing inspection or supervision services for the animals listed on the certificate, and an APHIS user fee is payable under §130.30 of this part for the inspection or supervision services performed by the veterinarian.

(d) If a service must be conducted on a Sunday or holiday or at any other time outside the normal tour of duty of the employee, then reimbursable overtime, as provided for in part 97 of this chapter, must be paid for each service, in addition to the user fee listed in this section.

(Approved by the Office of Management and Budget under control number 0579-0055)

[57 FR 771, Jan. 9, 1992. Redesignated at 58 FR 67655, Dec. 22, 1993]

Editorial Note: For Federal Register citations affecting §130.20, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§130.21   [Reserved]

§130.22   User fees for inspection services outside the United States.

(a) If inspection services (including inspection, testing, and supervision services) are performed outside the United States, in accordance with this title, and the regulations do not contain a provision for payment of the cost of the service, the person requesting the service must pay a user fee under this section.

(b) Any person who wants APHIS to provide inspection services outside the United States must contact the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import-Export, 4700 River Road, Unit 38, Riverdale, Maryland 20737-1231, to make an agreement.

(c) All agreements must include the following:

(1) Name, mailing address, and telephone number of either the person requesting the inspection services, or his or her agent;

(2) Explanation of inspection services to be provided, including the regulations in title 9, Code of Federal Regulations which provide for the services;

(3) Date(s) and time(s) the inspection services are to be provided;

(4) Location (including street address) where inspection services are to be provided;

(5) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months;

(6) A statement that APHIS agrees to provide the inspection services;

(7) A statement that the person requesting the inspection services, or, if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months; and

(8) A statement that the person requesting the inspection services, or, if appropriate, his or her agent, agrees to maintain a user fee payment account equal to the cost of providing the described inspection services for 6 months, as calculated monthly by APHIS.

(d) APHIS will enter into an agreement only if qualified personnel can be made available to provide the inspection services.

(e) An agreement can be terminated by either party on 30 days written notice.

(f) If, at the time an agreement is terminated, any unobligated funds remain in the user fee payment account, APHIS will refund the funds to the person who requested the inspection services, or his or her agent.

[57 FR 771, Jan. 9, 1992. Redesignated at 58 FR 67655, Dec. 22, 1993; 59 FR 67617, Dec. 30, 1994]

§§130.23-130.29   [Reserved]

§130.30   Hourly rate and minimum user fees.

(a) User fees for import- or export-related veterinary services listed in paragraphs (a)(1) through (a)(18) of this section, except those services covered by flat rate user fees elsewhere in this part, will be calculated at the hourly rate listed in the following table for each employee required to perform the service. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§130.50 and 130.51.

   User fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Hourly rate:
Per hour$120.00$120.00$124.00$128.00$132.00
Per quarter hour30.0030.0031.0032.0033.00
Per service minimum fee35.0036.0037.0039.0040.00

(1) Providing services to live animals for import or entry at airports, ocean ports, and rail ports.

(2) Conducting inspections, including inspections of laboratories and facilities (such as biosecurity level two facilities), required either to obtain import permits for animal products, aquaculture products, or organisms or vectors, or to maintain compliance with import permits. This hourly rate does not apply to inspection activities covered in §130.11.

(3) Obtaining samples required to be tested, either to obtain import permits or to ensure compliance with import permits.

(4) Providing services for imported birds or ratites that are not subject to quarantine, such as monitoring birds—including but not limited to pet birds—between flights.

(5) Supervising the opening of in-bond shipments.

(6) Providing services for in-bond or in-transit animals to exit the United States.

(7) Inspecting an export isolation facility and the animals in it.

(8) Supervising animal or bird rest periods prior to export.

(9) Supervising loading and unloading of animals or birds for export shipment.

(10) Inspecting means of conveyance used to export animals or birds.

(11) Conducting inspections under part 156 of this chapter.

(12) Inspecting and approving an artificial insemination center or a semen collection center or the animals in it.

(13) Import or entry services for feeder animals including, but not limited to, feeder goats and feeder bison not covered by a flat rate user fee in §130.7.

(14) Export-related bird banding for identification.

(15) Export-related inspection and approval of pet food facilities, including laboratories that perform pet food testing.

(16) Export-related services provided at animal auctions.

(17) Various export-related facility inspections, including, but not limited to, fertilizer plants that utilize poultry waste, rendering plants, and potential embarkation facilities.

(18) Providing other import-or export-related veterinary services for which there is no flat rate user fee specified elsewhere in this part.

(b) When do I pay an additional amount for employee(s) working overtime? You must pay an additional amount if you need an APHIS employee to work on a Sunday, on a holiday, or at any time outside the normal tour of duty of that employee. Instead of paying the hourly rate user fee, you pay the rate listed in the following table for each employee needed to get the work done.

Overtime rates (outside the employee's normal tour of duty)Premium rate user fee
Apr. 29, 2009-Sept. 30, 2009Oct. 1, 2009-Sept. 30, 2010Oct. 1, 2010-Sept. 30, 2011Oct. 1, 2011-Sept. 30, 2012Beginning
Oct. 1, 2012
Premium hourly rate Monday through Saturday and holidays:
Per hour$140.00$144.00$148.00$152.00$156.00
Per quarter hour35.0036.0037.0038.0039.00
Premium hourly rate for Sundays:
Per hour160.00164.00168.00172.00$176.00
Per quarter hour40.0041.0042.0043.0044.00

(Approved by the Office of Management and Budget under control numbers 0579-0055 and 0579-0094)

[65 FR 52009, Aug. 28, 2000, as amended at 68 FR 51886, Aug. 29, 2003; 72 FR 70766, Dec. 13, 2007; 74 FR 14006, Mar. 30, 2009]

§§130.31-130.48   [Reserved]

§130.49   Exemptions.

(a) Veterinary diagnostics. User fees for veterinary diagnostic services, including, but not limited to, tests and diagnostic reagents specified in §§130.14 through 130.19, are not charged under the following conditions:

(1) When veterinary diagnostic services are provided in connection with Federal programs to control or eradicate diseases or pests of livestock or poultry in the United States (program diseases);

(2) When veterinary diagnostic services are provided in support of zoonotic disease surveillance when the Administrator has determined that there is a significant threat to human health; and

(3) When veterinary diagnostic reagents are distributed within the United States for testing for foreign animal diseases.

(b) [Reserved]

[62 FR 61007, Nov. 14, 1997, as amended at 63 FR 53796, Oct. 7, 1998]

§130.50   Payment of user fees.

(a) Who must pay APHIS user fees? Any person for whom a service is provided related to the importation, entry, or exportation of an animal, article, or means of conveyance or related to veterinary diagnostics, and any person requesting such service, shall be jointly and severally liable for payment of fees assessed.

(b) Associated charges—(1) Reservation fee. Any reservation fee paid by an importer under part 93 of this chapter will be applied to the APHIS user fees specified in §§130.2 and 130.3 for animals or birds quarantined in an animal import center.

(2) Special handling expenses. The user fees in this part do not include any costs that may be incurred due to special mail handling, including, but not limited to, express, overnight, or foreign mailing. If any service requires special mail handling, the user must pay all costs incurred, in addition to the user fee for the service.

(3) When do I pay an additional amount for employee(s) working overtime? You must pay an additional amount if you need an APHIS employee to work on a Sunday, on a holiday, or at any time outside the normal tour of duty of that employee. You pay the amount specified in paragraphs (b)(3) (i), (ii), or (iii) as relevant, for each employee needed to get the work done.

(i) What additional amount do I pay if I receive a flat rate user fee service? In addition to the flat rate user fee(s), you pay the overtime rate listed in the following table for each employee needed to get the work done:

Overtime for Flat Rate User Fees1 2

   Outside of the employee's normal tour of dutyOvertime rates (per hour)
Nov. 2, 2015-Sept. 30, 2016Oct. 1, 2016-Sept. 30, 2017Beginning
Oct. 1, 2017
Rate for inspection, testing, certification or quarantine of animals, animal products or other commodities3Monday-Saturday and holidays
Sundays
$75
99
$75
99
$75
100
Rate for commercial airline inspection services4Monday-Saturday and holidays
Sundays
64
85
65
86
65
86

1Minimum charge of 2 hours, unless performed on the employee's regular workday and performed in direct continuation of the regular workday or begun within an hour of the regular workday.

2When the 2-hour minimum applies, you may need to pay commuted travel time. (See §97.1(b) of this chapter for specific information about commuted travel time.)

3See §97.1(a) of this chapter or 7 CFR 354.3 for details.

4See §97.1(a)(3) of this chapter for details.

(ii) What amount do I pay if I receive an hourly rate user fee service? Instead of paying the normal hourly rate user fee under §130.30(a), you pay the premium rate listed in §130.30(b) for each employee needed to get the work done.

(iii) For information on rules pertaining to the charges associated with employees of U.S. Customs and Border Protection performing agricultural inspection services, please see 7 CFR 354.1 and 9 CFR 97.1.

(c) When are APHIS user fees due?—(1) Animal and bird quarantine and related tests. User fees specified in §§130.2, 130.3, 130.5, 130.10, and tests specified in §§130.14 through 130.19 for animals and birds in an Animal Import Center or privately operated permanent or temporary import quarantine facilities, including user fees for tests conducted on these animals or birds, must be paid prior to the release of those animals or birds from quarantine.

(2) Supervision and inspection services for export animals, animal products. User fees for supervision and inspection services specified in §130.30 must be paid when billed, or, if covered by a compliance agreement signed in accordance with this chapter, must be paid when specified in the agreement.

(3) Export health certificates. User fees for export health certificates specified in §130.20 must be paid prior to receipt of endorsed certificates unless APHIS determines that the user has established an acceptable credit history, at which time payment may, at the option of the user, be made when billed.

(4) Veterinary diagnostics. User fees specified in §§130.14 through 130.19 for veterinary diagnostic services, such as tests on samples submitted to NVSL or FADDL, diagnostic reagents, slide sets, tissue sets, and other veterinary diagnostic services, must be paid when the veterinary diagnostic service is requested, unless APHIS determines that the user has established an acceptable credit history, at which time payment may, at the option of the user, be made when billed.

(5) Other user fee services. User fees specified in §§130.6, 130.7, 130.8, and 130.30 must be paid when service is provided (for example when live animals are inspected when presented for importation at a port of entry), unless APHIS determines that the user has established an acceptable credit history, at which time payment may, at the option of the user, be made when billed.

(d) What payment methods are acceptable? Payment must be for the exact amount due and may be paid by:

(1) Cash, will be accepted only during normal business hours if payment is made at an APHIS office7 or an Animal Import Center;

7A list of APHIS offices and Animal Import Centers that accept cash or credit cards may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 20738-1231.

(2) All types of checks, including traveler's checks, drawn on a U.S. bank in U.S. dollars and made payable to the U.S. Department of Agriculture or USDA;

(3) Money orders, drawn on a U.S. bank in U.S. dollars and made payable to the U.S. Department of Agriculture or USDA; or

(4) Credit cards (VISATM and MasterCardTM) if payment is made at an Animal Import Center or an APHIS office that is equipped to process credit cards.7

[63 FR 53796, Oct. 7, 1998, as amended at 64 FR 67700, Dec. 3, 1999; 65 FR 52010, Aug. 28, 2000; 67 FR 48524, July 25, 2002; 68 FR 51887, Aug. 29, 2003; 80 FR 59567, Oct. 2, 2015]

§130.51   Penalties for nonpayment or late payment.

(a) Unpaid debt. If any person for whom the service is provided fails to pay when due any debt to APHIS, including any user fee due under 7 CFR chapter III or chapter I of this title, then:

(1) Subsequent user fee payments. Payment must be made for subsequent user fees before the service is provided if:

(i) For unbilled fees, the user fee is unpaid 60 days after the date the pertinent regulatory provision indicates payment is due;

(ii) For billed fees, the user fee is unpaid 60 days after date of bill;

(iii) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or

(iv) Payment has been dishonored.

(2) Resolution of difference between estimate and actual. APHIS will estimate the user fee to be paid; any difference between the estimate and the actual amount owed to APHIS will be resolved as soon as reasonably possible following the delivery of the service, with APHIS returning any excess to the payor or billing the payor for the additional amount due.

(3) Prepayment form. The prepayment must be in guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt.

(4) Denied service. Service will be denied until the debt is paid if:

(i) For unbilled fees, the user fee is unpaid 90 days after date the pertinent regulatory provision indicates payment is due;

(ii) For billed fees, the user fee is unpaid 90 days after date of bill;

(iii) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or

(iv) Payment has been dishonored.

(b) Unpaid debt during service. If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is inadequate or unacceptable, then APHIS will take the following action:

(1) Animals or birds in quarantine. If an APHIS user fee specified in §130.2 or §130.3 is due for animals or birds in quarantine at an animal import center or at a privately operated import quarantine facility, APHIS will not release them.

(2) Export health certificate. If an APHIS user fee specified in §130.20 is due for an export health certificate, APHIS will not release the certificate.

(3) Veterinary diagnostics. If an APHIS user fee specified in §§130.14 through 130.19 is due for a veterinary diagnostic test or service, APHIS will not release the test result, any endorsed certificate, or any other veterinary diagnostic service.

(c) Late payment penalty. If for unbilled user fees, the user fees are unpaid 30 days after the date the pertinent regulatory provisions indicates payment is due, or if billed, are unpaid 30 days after the date of the bill, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717.

(d) Dishonored payment penalties. User fees paid with dishonored forms of payment, such as a check returned for insufficient funds, will be subject to interest and penalty charges in accordance with 31 U.S.C. 3717. Administrative charges will be assessed at $20.00 per dishonored payment to be paid in addition to the original amount owed. Payment must be in guaranteed form, such as cash, money order, or certified check.

(e) Debt collection management. In accordance with the Debt Collection Improvement Act of 1996, the following provisions apply:

(1) Taxpayer identification number. APHIS will collect a taxpayer identification number from all persons, other than Federal agencies, who are liable for a user fee.

(2) Administrative offset. APHIS will notify the Department of Treasury of debts that are over 180 days delinquent for the purposes of administrative offset. Under administrative offset, the Department of Treasury will withhold funds payable by the United States to a person (i.e., Federal income tax refunds) to satisfy the debt to APHIS.

(3) Cross-servicing. APHIS will transfer debts that are over 180 days delinquent to the Department of Treasury for cross-servicing. Under cross-servicing, the Department of Treasury will collect debts on behalf of APHIS. Exceptions will be made for debts that meet certain requirements, for example, debts that are already at a collection agency or in payment plan.

(4) Report delinquent debt. APHIS will report all unpaid debts to credit reporting bureaus.

(f) Animals or birds abandoned after quarantine at an animal import center. Animals or birds left in quarantine at an animal import center for more than 30 days after the end of the required quarantine period will be deemed to be abandoned.

(1) After APHIS releases the abandoned animals or birds from quarantine, APHIS may seize them and sell or otherwise dispose of them, as determined by the Administrator, provided that their sale is not contrary to any Federal law or regulation, and may recover all expenses of handling the animals or birds from the proceeds of their sale or disposition.

(2) If animals or birds abandoned in quarantine at an animal import center cannot be released from quarantine, APHIS may seize and dispose of them, as determined by the Administrator, and may recover all expenses of handling the animals or birds from the proceeds of their disposition and from persons liable for user fees under §130.50(a).

[63 FR 53797, Oct. 7, 1998, as amended at 68 FR 6346, Feb. 7, 2003]

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