overview of regulated garbage sarah ortiz, dvm travis mosley, dvm united states department of...
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Overview of Regulated Garbage
Sarah Ortiz, DVMTravis Mosley, DVM
United States Department of Agriculture (USDA)Animal and Plant Health Inspection Service (APHIS)
Plant Protection and Quarantine (PPQ)
PO Box 312660New Braunfels, TX 78131
11811 East Freeway Suite 560Houston, TX 77029
Garbage containing or associated with plant or animal materials from foreign countries is a pathway of serious concern for the dissemination of foreign plant pests and diseases and animal diseases into American agriculture.
An incursion of a foreign plant pest or disease or animal disease into American agriculture could have serious consequences for our food supply, global trade, and our economy.
Why are We Concerned About Regulated Garbage?
9 CFR 94.5 (b)
Garbage is defined as: All waste material that is 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 that has been associated with any such material.
What is Regulated Garbage?
9 CFR 94.5 (c)(2)
Garbage on or removed from a means of conveyance is regulated garbage, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has been in any port outside the United States and Canada within the previous 2-year period.
What is Regulated Garbage?
9 CFR 94.5 (c)(3)
Garbage on or removed from a means of conveyance is regulated garbage, if at the time the garbage is on or removed from the means of conveyance, the means of conveyance has moved during the previous 1- year period, either directly or indirectly, to the continental United states from any territory or possession, or from Hawaii, to any territory or possession from any other territory or possession or from Hawaii, or to Hawaii from any territory or possession.
What is Regulated Garbage?
9 CFR 94.5 (c) (1) (ii)
Garbage that is commingled with regulated garbage is also regulated garbage.
What is Regulated Garbage?
9 CFR 94.5 (c)(4)
Regulated garbage must be handled under direct supervision of an inspector (APHIS or CBP) or in such a manner as may be approved by the (APHIS) Administrator as adequate to prevent the introduction and dissemination of plant pests and animal diseases and sufficient to ensure compliance with applicable laws for environmental protection.
Handling of Regulated Garbage
94.5 (e)(1)
Any person engaged in the business of handling or disposing of garbage in accordance with this section must first enter into a compliance agreement with the Animal and Plant Health Inspection Service (APHIS).
In the absence of a compliance agreement, an entity may handle regulated garbage only with 100% direct supervision by CBP or APHIS personnel.
Handling of Regulated Garbage
9 CFR 94.5 (e)(2) A person who enters into a compliance agreement, and
employees or agents of that person, must comply with the following conditions and any supplemental conditions which are listed in the compliance agreement, as deemed necessary by the Administrator to be necessary to prevent the introduction and dissemination into or within the United States of plant pests and livestock or poultry diseases.
Handling of Regulated Garbage
9 CFR 94.5 (e)(3) Approval for a compliance agreement may be
denied at any time if the Administrator determines that the applicant has not met or is unable to meet the requirements set forth in this section.
9 CFR 94.5 (e)(4) Any compliance agreement may be canceled,
either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this section.
Handling of Regulated Garbage
If applicable, establishment personnel must meet the aircraft or means of conveyance for the purposes of off-loading and safeguarding the regulated garbage.
The establishment is responsible for all regulated garbage and will not authorize its diversion, consumption, use, or removal.
Regulated garbage must be collected into 3 mil thick bags or rigid, leak-proof, covered containers labeled “Regulated Garbage”.
Handling of Regulated Garbage
Regulated garbage must be stored in rigid, covered, leak-proof receptacles, labeled “Regulated Garbage”.
Regulated garbage must be stored separately from non-regulated garbage.
Regulated Garbage may not be stored by any establishment for more than 72 hours.
Handling of Regulated Garbage
Detailed records of collection, storage, and transport of regulated garbage must be kept.
Regulated garbage may only be transported in leak-proof, enclosed vehicles, labeled “Regulated Garbage”, that are capable of being cleaned and disinfected.
Regulated garbage may only be disposed of by incineration, sterilization, or grinding into an approved sewage system.
Only APHIS approved entities operating under a compliance agreement may transport or process regulated garbage.
Handling of Regulated Garbage
Each establishment must have a viable and acceptable back-up plan for each regulated garbage handling function they perform.
Some establishments must have a back-up APHIS approved regulated garbage hauler and a back-up APHIS approved regulated garbage processor.
Each establishment must have a written, detailed regulated garbage standard operating procedure (SOP), written according to APHIS guidelines.
SOP must be posted in employee workrooms for easy access.
Handling of Regulated Garbage
Cleaning and disinfection of regulated garbage contamination must follow strict APHIS requirements.
All establishment personnel responsible for cleaning and disinfection of regulated garbage contamination must be trained according to APHIS requirements.
Cleaning and disinfection of regulated garbage contamination must occur immediately.
Cleaning and Disinfection
Only APHIS approved disinfectants may be used to disinfect regulated garbage contamination (Virkon-S or Clorox brand 5.25% bleach).
A complete spill kit must be available at all times that regulated garbage is handled.
Cleaning and disinfection procedures for regulated garbage contamination must follow the guidelines in the Compliance Agreement.
Regulated garbage contamination outside the facility must be reported to CBP or USDA.
Records of disinfectant use must be kept according to APHIS requirements.
Cleaning and Disinfection
Clorox brand 5.25% bleach is the only type of bleach that is an APHIS authorized disinfectant.
Virkon-S is an APHIS authorized disinfectant.
The establishment must have a written regulated garbage training program for its employees.
The written training program must be approved by APHIS/CBP.
The training program must be given to all employees before they are permitted to handle regulated garbage, and refresher training must be given to all employees at least annually.
The establishment must keep training records.
Regulated Garbage Training
The training program must cover:
The definition of regulated garbage The regulations covering regulated garbage (9 CFR
94.5 and 7 CFR 330.400 through 330.403) The SOP The compliance agreement Include training aids such as the “No Free Ride”
DVD
Regulated Garbage Training
Three step process for an establishment to be approved by APHIS to handle regulated garbage:
Submission of request letter and supplemental documents
Site visit final review and approval or denial
Estimated 12 week turn around time
Follow the instructions in: “Procedures for New Facilities Requesting Approval to Handle Regulated Garbage”
Electronic correspondence: [email protected]
The APHIS Approval Process
Site Visit at the facility by APHIS/CBP: All requirements for regulated garbage handling must be met at the time of site visit.
Requirement for submission of a detailed regulated garbage standard operating procedure (SOP)
Requirement for submission of a written regulated garbage training outline
Requirement for submission of regulated garbage record keeping documents
The APHIS Approval Process
Once approval is granted, APHIS will issue an official approval letter to the establishment
CBP or APHIS will then issue a compliance agreement to the establishment
A signed copy of compliance agreement must be submitted to APHIS within 45 days of approval
The APHIS Approval Process
References
Thank you for your participation!