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Proposed Updates to Regulations for the Importation of Nonhuman Primates (42 CFR Part 71.53)

The Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) published a Notice of Proposed Rulemaking (NPRM) on January 5, 2011 detailing proposed changes to the regulations for importation of nonhuman primates (NHPs) into the United States.  These proposed regulations manage the entry of NHPs into the United States from other countries to prevent the spread of disease from NHPs to humans. The proposed regulations clarify the process for importing NHPs and explain all requirements importers must take to prevent the spread of disease from NHPs to humans.

What does the term "nonhuman primate" mean?

The term "nonhuman primate" means all nonhuman members of the order Primates, including, but not limited to, animals commonly known as monkeys, chimpanzees, orangutans, gorillas, gibbons, apes, baboons, marmosets, tamarins, lemurs, and lorises.

Why are there regulations for importing NHPs?

These regulations are in place to protect U.S. citizens from infectious diseases that can spread from NHPs to humans.

What is the risk to human health from NHPs?

NHPs may carry infectious diseases that are dangerous and sometimes fatal to humans. These infections include Shigella, Salmonella, Ebola, herpes B virus, tuberculosis (TB), yellow fever, and many others. People working in temporary and long-term holding facilities or involved in transporting NHPs (e.g., cargo handlers and inspectors) are especially at risk for infection. Quarantine requirements for imported NHPs are designed to prevent these diseases from spreading to the public.

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What is CDC’s role in carrying out NHP regulations?

CDC’s Division of Global Migration and Quarantine (DGMQ) is responsible for carrying out regulations for the importation of NHPs under the HHS foreign quarantine regulations in the 42 Code of Federal Regulations (CFR) Part 71. Since 1975, section 71.53 has prohibited the importation of NHPs except for scientific, educational, or exhibition purposes. DGMQ regulates the importation of NHPs with help from federal partners.

Who is affected by these regulations?

These proposed regulations apply to any person importing a live NHPs or NHP products into the United States, including existing registered importers, any person applying to become a registered importer, and any person importing NHP products.

I have a pet monkey.  Does this NPRM affect me?

The regulations only affect people who currently own an NHP as a pet if they leave the United States with the monkey and then attempt to return to the United States with that animal.

I have adopted a monkey overseas.  How do I bring it into the United States?

Monkeys and other NHPs may not be imported as pets under any circumstances. These proposed regulations will not change the current requirement that NHPs only be imported for scientific, educational, or exhibition purposes.

These restrictions also apply to the re-importation of NHPs that originated in and are returning to the United States.

Why are the NHP regulations being updated?

CDC regulations regarding the importation of NHPs were developed to address the health risk they pose to humans. 42 CFR 71.53 was originally published in 1975. Over time, various measures have been implemented to prevent the spread of infectious diseases from NHPs to humans. The purpose of the proposed update is to consolidate and formalize the many measures that have been used to manage the importation of NHPs.

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What are the key changes to the regulations for importation of NHPs?

The proposed regulations extend existing requirements for the importation of some species of NHPs to all species of NHPs, add some new requirements for the importation of NHPs, and reduce the frequency at which NHP importers must renew their special permits. The regulations propose to:

  • Expand filovirus testing to all Old World NHPs (native to Africa and Asia) to decrease the risk for potential outbreaks. Filoviruses can cause severe hemorrhagic fever and include Ebola virus and Marburg virus.
  • Require all importers to develop and institute worker protection plans.
  • Remove quarantine requirements for laboratory-to-laboratory and zoo-to-zoo transfers that meet certain criteria.
  • Require standards for in-transit shipments while NHPs are in the United States including added infection control responsibilities for brokers involved in these shipments.
  • Require entry through ports where CDC Quarantine Stations are located.
  • Require animal acts that include NHPs to register with CDC.
  • Add requirements for crating, caging, and transport to protect staff and importers from exposure to disease from NHPs before they enter into quarantine.
  • Require a permit for the importation of NHP products, such as trophies and biological samples, to protect people who purchase or use these materials unless it is documented that the product has been rendered noninfectious through an approved method.
  • Simplify the importation process by removing the requirement that a separate special permit be renewed every 180 days.  If adopted as proposed, all registrations will be renewed every 2 years.  

For more details regarding these proposed key updates, please review the Q&A for Importers or visit the proposed regulation web site.

Are these regulations available for public comment?

No. The public comment period ended on April 25, 2011. CDC is now working toward finalizing the proposed rule.

Where can I find more information about these regulations?

For more information and to read the proposed regulation on importation of NHPs, visit the Notice of Proposed Rulemaking on Regulations for the Importation of Nonhuman Primates website.

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