0 &ornmonkuea~tfi of tbt Bortfiern fllariana %lanb$ USE … of this bill bearing my signature are forwarded for your ready reference. Sincerely, Acting Govexnor CC: Special Assistant

0 0

o &ornmonkuea~tfi of tbt Bortfiern fllariana %lanb$ FOR OFFIC~AL USE

D @f f ice of tbe QPobernor CABLE ADDRESS GOV. NMI SAIPAN

o aaipan, Hariana gmrlanbs 969!jO REPLY T O :

DEPT. or ACTIVITY

0

0 The Honorable Vicente M. Sablan Speaker, House of Representatives Fourth Northern Marianas CcPmr,nwealth Lqislature

Saipan, CM 96950

and

The Honorable Ponciano C. Rasa President of the Senate Fourth Northern Marianas Cammnwealth Legislature

Saipan, CM 96950

Dear Mr. Speaker and Mr. President:

This is to inform you that I have signed into law House Bill No. 184, S.D.2, entitled, "To establish the Animal Health Protection and Disease Control Act for the protection of animal and human health in the Cmnwealth of the Northern Mariana Islands and for other purposes," which was passed by the Fourth Northern Marianas mnwealth Legislature.

Seeing that there exists a need for such legislation, I have signed this bill into Public Law No. 4-55; however, the Director of the Department of Natural Resources should promptly adopt rules and regulations to address possible appeals that might arise in the denial of licenses by the Chief of Animal Health and Industry pursuant to Section 5323.

Copies of this bill bearing my signature are forwarded for your ready reference.

Sincerely,

Acting Govexnor

CC: Special Assistant for Programs and Legislative Review

118 Jut PUBLIC U-W NO. 4-55

H.B. NO. 184, S.D.2

FOURTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE

SEVENTH REGULAR SESSION. 1985

AN ACT

To establish the Animal Health Protection and Disease Control Act for the protection of animal and human health in the Commonwealth of the Northern Mariana Islands and for other purpose.

Offered by Representative Pedro R. Guerrero

Date: December 4. 1984

-- -

House Action

Referred to: Committee on Resources & Development

Standing Committee Report No. 4-62

Firs t Reading : January 16, 1985

Second Reading: February 21, 1985

Final Reading: July 3, 1985

-- -

Senate Action

Referred to: Committee on Health, Education and We1 fare and Prosrams

Standing Commi t tee Report No. 4-129

Second and Final Reading: June 20, 1985

FOURTH

FOURTH

NORTHERN MARIANAS COMMONWEALTH LEGISLATURE HOUSE BILL NO. 184, S .D. 2

REGULAR SESSION, 1984

AN ACT

To e s t a b l i s h t h e Animal Health Pro tec t ion and Disease Control Act f o r t he p r o t e c t i o n o f animal and human hea l th i n the Commonwealth o f t he Northern Mariana Is lands and f o r o the r purpose.

BE I T ENACTED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:

Sect ion 1. Amendment t o 2 CMC, D i v i s i o n 5, Chapter 3.

( a ) 2 CMC, D i v i s i o n 5, Chapter 3 i s amended t o

redesignate i t as " A r t i c l e 1. General" o f 2 CMC,

D i v i s i o n 5, Chapter 3.

.(b) A new " A r t i c l e 2. Animal Heal th P ro tec t i on

and Disease Control Act" i s added t o read as fo l lows:

" A r t i c l e 2. Animal Heal th P ro tec t i on and Disease Control Act.

Sect ion 5320. Short T i t l e . This A r t i c l e may be

c i t e d as the "Animal Heal t h P ro tec t i on and D i sease

Contro l Act" o r the ac t .

Sect ion 5321. Purpose and Object ives.

(a ) The purpose o f t h i s a c t i s to:

(1) establ i sh a we1 1 -def ined

system o f animal quarant ine, inspect ion

procedures, and disease con t ro l a c t i v i t i e s

t o provide f o r the sound p ro tec t i on of

domestic animals, p o u l t r y and b i rds , as

we l l as pe t animals and the pub1 i c health;

(2) provide the procedures f o r the

prevention, c o n t r o l and e rad ica t i on o f

H.B. NO. 184, S.0.2

certain diseases of domestic animals, birds

and poultry; and

( 3 ) t o protect the agricultural and

general well-being of the people of the

Northern Marianas by preventing the

introduction of and further spread of exotic

animals, animal diseases, and other pests

into and within the Northern Marianas.

( b ) By establishing a sound system of animal

quarantine and inspection procedures, costly and

devastating diseases of animal s such as brucel losi s ,

tuberculosis, scabies, scrapie, exotic Newcastl e

disease, swine vesicul ar disease, hog chol era,

African swine fever, foot-and-mouth di sease,

rinderpest, equine infectious anemia and other

diseases of economic importance can be effectively

prevented from being introduced.

( c ) Animal diseases of great pub1 ic health

significance, such as brucellosis, tuberculosis,

certain tapeworms and rabies, can also be prevented

from being introduced into the Commonwealth by

establishing an effective and sound system of animal

quarantine. I t i s imperative t o provide such .a

system i f rabies, an invariably fatal disease of

man and most mammals, i s to be kept completely o u t

of the Commonwealth.

Page 2

H.B. NO. 184, S.D.2

( d ) In order to assure the continuing success of

an animal quarantine system, regulations are necessary

for the reporting of animal diseases, control of

movements of animals and animal products into and

wi thin the CNMI, mandatory inspection of imported

animals and animal products, and imposition of

appropriate quarantine measures on animals, herds

or flocks and affected and adjacent herds, flocks,

or premises, and island o r islands.

Section 5322. Definitions. As used in this act:

(a) "Accredi ted veterinarian" means a 1 icensed

veterinarian certified by federal and Commonwealth

or state animal health authorities t o participate in

cooperative disease control activities, including

execution of health certificates for the interstate

and international movement of animal s.

(b ) "Animal s" means wild animal s, domestic

animals, poultry, birds and hatching eggs.

(c) "Animal products" means any edible or

inedible substance derived in whole or in part from

an animal . ( d ) "Birds" means parrots, parakeets, mynahs,

sparrows, finches, cockatiels, love birds, canaries,

and all other feathered l i f e other t h a n poultry,

including eggs for hatching.

Page 3

H.B. No. 184, S.D.2

(e) WByproductN means any p a r t o f any animal

subject t o d i seases o f quarantine concern.

(f) "Carr iern means any ship, vessel, boat,

a i rp lane o r o ther conveyance used t o t ranspor t

animals; o r i t s master, commanding o f f i c e r , owner,

1 ocal manager, o r agent.

(g) "Chief" means the Chief o f Animal Health

and Indust ry Div is ion o f the Department o f Natural

Resources, o r any person t o whom he may delegate

au t ho r i t y . (h) "Commonwealth" means the Commonwealth o f the

Northern Mariana Islands, o r any i s land i n t h i s group.

( i ) "Department" means the Department o f Natural

Resources o f the Commonwealth Government.

(j) "Director" means the D i rec to r o f Natural

Resources o r any person t o whom he has delegated

author i ty .

(k) "Div is ionu means the D iv i s ion o f Animal

Health and Indust ry o f the Department o f Natural

Resources.

(1) "Dogs and cats" means members o f the canine

and f e l i n e fami l ies , respect ively, t h a t are

domesticated.

(m) "Domestic animals o r l i ves tock" means

horses, mules, asses, ca t t l e , sheep, goats, swine,

dogs, cats and other animals maintained i n the

domestic state, excluding b i r d s and poul t ry .

Page 4

H.B. NO. 184, S.D.2

( n ) "Effectsn means ropes, ha1 ters, harnesses,

buckets, stall s, crates, pens, stables, feed, feed

bags, leashes, collars, chains, dishes, toys and

other objects, equipment and materials used t o handle,

confine, maintain, accompany or transport animal s.

( 0 ) "Exotic animal s" means non-native species

of fishes, reptiles, birds, and mammals t h a t may be

held in captivity b u t are not common domestic animals.

The Division may issue a 1 i s t of exotic animals.

( p) "Garbage" means a1 1 waste material s derived

in whole or in part from fruits, vegetables, meats,

or other plant or animal (including poultry) material ,

and other refuse of any character whatsoever t h a t has

been associated with any such material on board any

means of conveyance, and including food scraps, table

refuse, gal ley refuse, food wrappers or packaging

materials, and other waste material from stores,

food preparation areas, passengers ' o r crews '

quarters, dining rooms, or any other areas on

vessel /aircraft, or other means of conveyance.

( q ) "Hatching eggsU means eggs of poul try and

birds used for producing young.

( r ) "Health certificaten means an official

document issued by a licensed or an accredited

veterinarian, or an authorized federal or state

Page 5

H.B. NO. 184, S.D.2

ve te r ina r ian o f the s ta te o r j u r i s d i c t i o n o f o r i g i n

c e r t i f y i n g t ha t the animal being shipped i s f r ee

from external parasi tes and symptoms o r evidence o f

t ransmissib le disease and provid ing a1 1 o ther

in format ion and t e s t resul t s required f o r acceptance

by the Commonwealth.

( s ) " Infect ious, contagious and communicable

diseases" means a1 1 transmi ss i b l e diseases o f animals.

(t) "Inspection" means the examination o f any

animal o r animals, meat, meat products and animal

byproducts p r i o r t o o r a f t e r en t ry i n t o the Northern

Marianas by the Chief o f Animal Health and Indust ry

o r other Inspector.

( u ) "Inspector" means a veter inar ian, l i ves tock

inspector, customs inspector , o r animal o r ag r i c u l t u r a l

quarantine inspector i n the D iv i s ion o f Animal Health

and Indust ry and the D iv i s ion o f P lan t Indust ry and

Extension Services, or the Un-ited States Department o f

Agr icul ture.

( v ) "Licensed veter inar ian" means a ve te r ina r ian

having a current, v a l i d l i cense t o p rac t i ce veter inary

medicine i n the s ta te o r j u r i s d i c t i o n o f o r i g i n o f the

animal being c e r t i f i e d and shipped.

(w) "Permit" means animal quarantine permit issued

by the Chief o f Animal Health and Indust ry which permit

i s required o f a l l animals as a condi t ion o f en t ry i n t o

the Northern Marianas.

Page 6

H.B. NO. 184, S.D.2

(x) "Poultry* means chickens, ducks, turkeys,

swans, pigeons, doves, pheasants, guinea fowl , pea-fowl , quails, grouse, partridges, geese, peacocks,

and domestic feathered l i f e generally, of all ages

incl uding eggs for hatching.

(y) "Quarantine" means the i sol a t i on of animal

or animals on premises or in areas specified by the

Chief of Animal Health and Industry and the designation

given such premises or areas. No animal may be removed

from or be added to such premises or areas except as

permitted by the Chief of Animal Health and Industry.

For dogs and cats, quarantine means confinement for a

period of 120 days in the As Perdido Animal Quarantine

Facility, or in such other quarantine faci l i t ies as

are recognized and approved by the Chief.

( z ) "Rabies-free areas" means countries, states

and territories where rabies i s n o t known t o exist or

occur, or where rabies had been completely eradicated.

Only those countries, states and territories recognized

by the State of Hawaii and by the Chief of Animal Health

and Industry as rabies-free shall be accorded the status

by the Commonwealth.

(aa) "Rabies-infected areas" or "Rabies Areas"

means countries, states and territories where rabies

i s known t o exist or occur. Countries, states and

Page 7

PUBLIC LAW NO. 4-55

H . B . No. 184, S.D.2

t e r r i to r i e s not recognized by the State of Hawaii and

the Chief of Animal Health and Industry as rabies-free

areas shall be considered rabi es-infected areas.

( b b ) "Regulations" means the animal quarantine

regulations of the Commonwealth and al l applicable

regulations of the United States Department of

Agriculture, Animal and Plant Health Inspection

Service.

(cc) "Transmi ss i bl e diseases of animal s" means

any infectious, contagious or communicable disease of

animal s . (dd) "Uniform methods and rules" means the

recommended minimum standards adopted by USDA for the

achievement of goal s in the state-federal animal

disease control and eradication program.

(ee) "USDA" means the United States Department

of Agricul ture.

( f f ) "Wild or feral animal s" means zoo1 ogical ,

menagerie or wild animals, whether mammals, birds,

amphibians, rep t i les , or fishes as distiguished from

domestic animals, birds and poultry. They also

include insects and mollusks.

Section 5323. Chief of, Animal Health and Industry;

Established.

(a ) Creation of Position. There i s in the civi l

service of the Commonwealth Government and within the

Page 8

H.B. NO. 184, S.D.2

Department o f Natural Resources the p o s i t i o n o f Chief

o f Animal Heal t h and Industry. The qua1 i f i c a t i o n s

and sa la ry o f the Chief s h a l l be es tab l ished by the

Personnel O f f i c e and C i v i l Serv ice Commission i n

accordance w i t h es tab l i shed procedures.

( b ) Dut ies o f t h e Chief. The Chief s h a l l be

responsi b l e f o r :

(1) Administer ing and enforc ing t h i s act;

( 2 ) Subject t o approval b y t h e D i r e c t o r

o f Natural Resources, p rov id ing , promulgating,

and enforc ing regu la t i ons necessary t o c a r r y

o u t the i n t e n t and purposes o f t h i s Act; and

(3) D i r e c t i n g a l l mat ters r e l a t i n g t o

t h e inspect ion o f animals, and the prevention,

con t ro l and e rad ica t i on o f communicable

diseases i n and among animals, and a l l

mat ters genera l l y r e l a t i n g t o animal hea l th

and animal indust ry .

( c ) Power t o Issue Requlat ions:

(1 ) The D i r e c t o r may i ssue regu la t i ons

cons is ten t w i t h t h i s act . W i th in 30 days o f

t he e f f e c t i v e date o f t h i s Act, t h e D i r e c t o r

s h a l l i n i t i a t e procedures t o i ssue regu la t ions .

The adoption o f subsequent r u l e s and regu la t i ons

s h a l l be i n accordance w i t h t h e Admin is t ra t ive

Procedure Act contained i n T i t l e 1, D i v i s i o n 9,

Chapter 1 o f t h e Commonwealth Code.

Page 9

H.B. NO. 184, S.D.2

( 2 ) Subject to approval by the Director

of Natural Resources, the Chief may make and

amend rules and regulations, f o r the inspection,

quarantine, d i s in fec t ion , o r des t ruct ion, e i t h e r

upon introduction in the Commonwealth, o r a t

any time or place w i t h i n the Commonwealth, of

animals and premises and e f f ec t s used i n

connection w i t h such animals. The regulations

may govern the control and eradication of

transmissible d i seases of animals and the

t ranspor ta t ion of animals between the d i f f e r en t

i s l ands i n the Commonweal t h . ( 3 ) The regulations may require the owners

and masters of any a i r c r a f t , boat, vessel , or

c a r r i e r c a l l ing a t any po r t i n the Commonweal t h

and engaged i n t ransportat ion of domestic

animals, b i rds o r poultry, t o make repor ts of

t he numbers and c l a s s of domestic animals,

b i rds o r poultry ca r r ied , names of owners and

consignees, the place to and from which the

animal i s shipped, the manner of hand1 ing the

animals, the number of deaths o r i n ju r i e s to

l ivestock occurring i n t r a n s i t o r while being

loaded o r unloaded, w i t h the causes of the

deaths o r i n ju r i e s , and a l l other matters which

Page 10

H.B. No. 184, S.D.2

may be deemed necessary by t h e Chief f o r a f u l l

and complete record o f the shipping and hand1 i n g

o f animals.

(4) The Ch ie f may a lso p r o h i b i t t h e

impor ta t ion i n t o the Commonwealth from any

fo re ign country, o r o ther p a r t s o f t h e United

Sates, o r from one i s l a n d w i t h i n the Commonwealth

to. another is land, o r t o one 1 o c a l i ty from another

l o c a l i t y on the same is land, o f undesireable

e x o t i c animals and animals known t o be i n f e c t e d

w i t h a contagious, i n f e c t i o u s , o r communicable

disease o r known t o have been exposed t o any

such disease.

(5 ) The Ch ie f o f Animal Heal th and I n d u s t r y

s h a l l designate h i s representa t ive on t h e i s l ands

o f Rota and T i n i a n who s h a l l be author ized t o

issue permi ts f o r p o u l t r y and 1 ivestock. Such

a u t h o r i t y s h a l l be 1 i m i ted t o impor t ing poul t ry

and l i v e s t o c k from Guam. Issuance o f permi t f o r

t h e importa t i o n o f poul t ry and 1 ives tock from

s ta tes and t e r r i t o r i e s o the r than Guam s h a l l be

issued by t h e Chief.

(d ) Power o f Approve and Issue Licenses t o P rac t i ce

Veter inary Medicine and Surgery i n the Commonweal th. The

Chief i s empowered under t h i s Act t o rece ive and rev iew

Page 11

H.B. No. 184, S.D.2

app l i ca t i ons , and t o approve and issue l i censes t o

qua1 i f i e d appl i c a n t s t o p r a c t i c e v e t e r i n a r y medicine

and surgery i n the Commonwealth. Only graduates o f

schools and co l leges accred i ted by the h e r i c a n

Veter inary Medical Associat ion i n the Uni ted States,

who have passed the Nat ional Veter inary Medical Board

examination and, who a re c u r r e n t l y 1 icensed t o p r a c t i c e

t h e v e t e r i n a r y profession i n a t l e a s t one o f t he f i f t y

s t a t e s o f t he Uni ted States o r i t s t e r r i t o r i e s i s

q u a l i f i e d t o app ly t o p r a c t i c e sa id pro fess ion i n t h e

Commonweal th. The Chief s h a l l promul gate r u l es and

regu la t i ons , subjec t t o approval by t h e D i rec tor , t h a t

a r e cons is ten t w i t h the prov is ions o f t he Act. Such

r u l e s and regu la t i ons s h a l l i nc lude a fee schedule f o r

a l l serv ices requ i red under the Act.

(e ) Power o f Enforcement. The Chief o f Animal

Heal t h and Indus t ry o r o ther pub1 i c o f f i c i a l as may be

author ized b y law s h a l l have t h e power and d u t y t o

enforce the prov is ions o f t h i s Act. A l l a u t h o r i t y

granted t o him b y t h i s Act may be used i n fur therance

o f these enforcement a c t i v i t i e s whenever such use o f

au tho r i ty i s necessary and appl i c a b l e.

( f ) S t a f f i n g . Subject t o budgetary appropr iat ions,

t h e Ch ie f may h i r e such persons as a re necessary t o

execute the purposes o f t h i s Act.

Page 12

H.B. NO. 184, S.D.2

Section 5324. Entry o f Animal s Without Inspect ion

Prohibi ted.

(a) No domestic o r w i 1 d animal , inc lud ing

1 ivestock, b i r ds and poul t ry, sha l l enter the

Commonwealth, except a f t e r inspect ion and the issuance

o f an en t ry penni t by the Chief t o the consignee,

importer, o r owner.

( b ) The Chief sha l l charge fees t o cover the

reasonable expenses o f inspect ion a f t e r normal working

hours.

(c) No exot ic animal sha l l enter the Commonwealth,

except a f t e r approval by the Chief and the Chief o f the

D i v i s i on o f Fish and W i l d l i f e . The Chiefs may prescr ibe

en t ry requirements and condi t i ons f o r exo t i c animals.

The Chiefs may a lso p r o h i b i t en t ry o f undesirable exot ic

animals.

Section 5325. Landing o f Animals. The landing o f any

animal f o r the purpose o f inspect ion o r quarantine i s no t an

en t ry i n t o the Commonwealth. I f i n the opinion o f the Chief,

i t i s necessary o r proper t o quarantine any animal, he may so

order a t the expense o f the owner, importer, o r consignee.

The 1 anding o f any animal known t o be a f fec ted w i t h any

contagious, in fec t ious, o r communicable diease i s an unlawful

entry; Provided, t h a t w i th the p r i o r approval o f the Chief,

the animal s may be landed f o r quarantine o r dest ruc t ion and

disposal a t the expense o f the owner, importer, o r consignee.

Page 13

H.B. No. 184, S.D.2

Section 5326. Quarantine. The Chief may quarantine any

animal known t o be a f fec ted w i t h o r t o have been exposed t o any

contagious, in fec t ious, o r communicable disease, and destroy

the same a t the owner's expense, when i n the opinion o f the

Chief, the measure i s necessary t o prevent the spread o f the

disease. A t the owner's expense, the Chief may provide f o r

the proper d ispos i t i on o f i t s hide, carcass o r feathers, and

d i s i n f e c t premises where the disease may have existed.

(a) A1 1 dogs and cats from areas other than

those declared t o be rabies- free by the State o f

Hawaii and the Chief o f Animal Health and Indust ry

sha l l be confined and quarantined a t the As Perdido

Animal Quarantine Fac i l i t y f o r a minimum o f 120 days

o r longer i f, i n the opinion o f the Chief, i t i s

necessary t o prevent the in t roduct ion o f rab ies and

other in fec t ious, contagious o r communicable disease

o f dogs and cats. Dogs and cats which have undergone

on ly p a r t i a l quarantine i n approved f a c i l i t i e s i n

Guam o r Hawaii, and which have no t completed the

requ i red 120-day quarantine thereat, sha l l be

required t o complete the remaining days o f the

requ i red 120-day per iod o f quarantine a t the As

Perdido Animal Quarantine Fac i l i ty. Rabies-free

areas are Hawaii, Guam, Austral ia, New Zealand and

the B r i t i s h Is les . The Chief w i l l maintain and publ ish

a l i s t i n g o f rabies- free areas i n the Regulations as

changes occur.

Page 14

H.B. NO. 184, S.D.2

(b) Dogs and cats f r an rabies- free areas may be

exempted f r an the quarantine requirements; provided,

t h a t t h e i r areas o f o r i g i n remain f r ee o f rabies and

continue t o maintain, t o the sa t i s f ac t i on o f the

Chief, s t r ingen t en t ry requirements t o prevent the

in t roduc t ion o f t h i s disease i n t o t h e i r areas, and

provided that, i n add i t ion t o meeting a l l requirements

app l icab le t o dogs and cats, they are imported i n

compl iance w i th the en t ry condi t ions and requirements

s t i pu la ted i n the Regulations and on t h e i r en t ry

permits.

Section 5327. Importat ion o f Meat Products, Frozen Semen,

Garbage, Animal By-products, Bedding Mater ia l and Certa in

Feedstuffs.

(a) It i s unlawful t o import fresh, c h i l l e d ,

frozen and/or unprocessed meat o r carcass o f any

k ind, inc lud ing b i r d s and poul t ry , from any p a r t o f

the world i n t o the Commonwealth, except from the

Continental United States, Hawaii , Guam, Canada,

Austral i a and New Zealand, and any o ther country,

s t a t e o r t e r r i t o r y a1 1 owed by the Un i ted States

Department o f Agricul tu re ' s Animal and P lant Heal t h

Inspect ion Service.

(b) Meat o r pou l t r y permit ted en t ry by the Chief

sha l l comply w i th a l l app l icab le federal laws and

Page 15

H.B. NO. 184, S.D.2

regu la t ions per ta in ing t o meat and pou l t r y inspection,

as provided f o r by the Federal Meat Inspection Act, the

Who1 esome Meat Act, the Poul t r y Products Inspect ion

Act, and other appl i cab le federal laws.

(c ) It i s unlawful t o import semen o r 1 i v i n g

animal serum produced i n any p a r t o f the world i n t o the

Commonweal t h except from the Continental United States,

Hawaii, and Guam. An animal quarantine permit i s

required as a condi t ion o f ent ry o f frozen semen and

l i v i n g animal serum, and must f u r t he r be accanpanied

by such c e r t i f i c a t e s as may be required i n the permit.

Any animal semen imported must be c e r t i f i e d f r ee of

venereal and gen i ta l diseases, inc lud ing the donor

animals, by an accredited ve te r ina r ian o f the place o f

o r i g i n . Unless the en t ry condi t ions and requirements

stated on the import permit are f u l l y compl i e d with,

the shipment sha l l be refused entry.

(d ) Dried, cured, cooked and other processed o r

manufactured meat and meat products a re proh i b i ted

en t ry except frim the Continental United States,

Hawaii, Guam, Canada, Aus t ra l ia and New zealand.

The above products sha l l be accompanied by adequate

proof o f o r ig in , inc lud ing invoices o r sales s l ips ,

spec i fy ing the amount o f purchase made and the dates

thereof .

Page 16

H.B. NO. 184, S.D.2

(e) Canned meat products from countr ies, areas

o r t e r r i t o r i e s t h a t have o r are in fec ted w i t h Exotic

Newcastl e Disease, Af r ican Swine Fever, Hog Cholera,

Swine Vesicular Disease, Rinderpests and Foot-And-Mouth

Disease may be imported f o r personal consumption i n

quan t i t i e s o f 50 pounds o r less; Provided, t h a t the

canned meat products have a1 1 been f u l l y cooked by a

commercial method i n containers hermet ica l ly sealed

promptly a f t e r f i l l i n g bu t before the cooking, so t ha t

the cooking and seal i ng produce a f u l l y s t e r i l i z e d

product which i s she l f s tab le wi thout re f r ige ra t ion ; and

provided, fur ther , t h a t the products are accompanied by

an o f f i c i a l and v a l i d o r i g i na l c e r t i f i c a t e s issued by a

responsible animal hea l th o f f i c i a l o r meat inspector

o f the Animal Health o r Indust ry D iv i s ion o r Meat

Inspect ion O f f i ce o f the place o r country o f o r ig in ,

c e r t i f y i n g t h a t the products were prepared and processed

i n the manner and condi t ions as described above.

( f ) A l l garbage from surface vessels and a i

must be held on board the ship o r plane whi le i n

inc inerated i n a USDA-approved disposal f a c i l i t y

supervi sion o f an authorized inspector, o r dumped

r c r a f t s

port ,

under

i n t o

the ocean a t l e a s t 12 mi les beyond the nearest outer

reef . A l l garbage on board a vessel o r a i r c r a f t sha l l

be contained i n t i g h t , leakproof containers, be kept

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H.B. NO. 184, S.D.2

i n s i d e the vessel guardrai l , and sha l l no t be unloaded

unless contained i n t i gh t , leakproof containers and

sent t o an approved disposal f a c i l i t y under general

supervi sf on o f an authorized inspector.

(g) A l l o ther animal products and

byproducts, inc lud ing trophies, bloodmeal, blood

albumin, bones, horns, hoofs, feathers on skin,

gluestock, hides, and skins, organs and glands,

tankage, wool, ha i r , b r i s t l e s , ossein, casings,

d a i r y products, pharmaceuticals, b io log ica ls , etc.,

as we1 1 as straw, hay and grass, sha l l be governed

and regulated by the provis ions o f T i t l e 9 o f the

United States Code o f Federal Regulations, Chapter 1 ,

Sub-chapter D, Parts 92, 94, 95, and 96.

Section 5328. In ter ference w i t h Inspect ion Prohibited,

Inc lud ing Harassments, Threats and Bodi ly Harm t o Inspection

Personnel. It shal l be unlawful f o r any person o r persons t o

i n t e r f e re , i n any way o r manner, w i t h the inspect ion procedures

o r w i t h the inspection personnel , i n c l uding harassments, threats

and b o d i l y harm t o said inspect ion personnel. Any person who

engages i n any o f these p roh ib i ted acts sha l l be subject t o

c r im ina l and c i v i l penal t ies contained i n t h i s Act.

Section 5329. Penal t i es .

(a) Criminal Penalty. Any person v i o l a t i n g any

o f the provis ions o f t h i s a c t o r any regu la t ions issued

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H.B. NO. 184, S.D.2

under the ac t sha l l upon convict ion, be

imprisoned f o r no t more than s i x months o r

f i ned no t more than $2,000.00, o r both.

( b ) C i v i l Penalty. The Chief may assess

against any person v i o l a t i n g any o f the provis ions

o f t h i s ac t o r regu la t ions issued under it, the

f o l 1 owing f i nes :

Amount o f Fine

Not More Than

F i r s t Offense: $ 100.00

Second Offense: 500.00

Th i rd Offense: 1,000.00

Fourth & Subsequent Offenses: Subject t o t r i a l

i n a cou r t o f law.

(c) Special General Fund Account. Monies

co l lec ted from the imposi t ion o f fees, f i nes and

other charges provided f o r i n t h i s a c t sha l l be

deposited i n a special account i n the General

Fund. The Chief may expend funds from the special

account t o meet the purposes o f t h i s act .

Section 2. Severabil i ty. I f any sect ion o r regu la t ion o f t h i s

Act i s declared i n v a l i d by a cour t o f competent j u r i s d i c t i o n , the

j u d i c i a l determination sha l l no t a f f e c t the v a l i d i t y o f the Act o r

regu la t ions as a whole, o r any pa r t thereof, o ther than the p a r t i c u l a r

p a r t decl ared inva l i d .

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Pt13f;Sc L?W NO. 4-55

H.B. NO. 184, S.D.2

Section 3. E f fec t lve Date. This Act shal l take e f f e c t upon i t s

approval by the Governor or upon I t s becanlng law without such approval.

ATTEST: 1

Vicente M. Sablan Speaker o f the House

Governor Commonwealth o f the Northern Mariana Islands

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