APHIS Recognition of Animal Health Regions and Compartments

9 CFR Part 92 is the rule that decides which foreign countries — or specific zones within them — are allowed to ship livestock and animal products into the United States. The U.S. Animal and Plant Health Inspection Service (APHIS) uses it to formally recognize whether a region is free of foot-and-mouth disease, bovine spongiform encephalopathy (BSE), and other restricted animal diseases. Recognition opens trade; loss of recognition stops it immediately. The foundational statute is the Animal Health Protection Act.

What Is Region and Compartment Recognition?

Region and compartment recognition is the formal APHIS process by which a foreign government certifies — and APHIS independently verifies — that a defined geographic area or managed animal population is free of specific diseases that could threaten U.S. livestock herds.

A region is a geographic territory: an entire country, part of a country, or a group of countries assessed together for disease status. A compartment is something different — a defined subpopulation of animals within a country, managed under common biosecurity protocols regardless of where they are physically located. Compartments matter when a country has disease outbreaks in some areas but maintains genuinely disease-free herds in specific facilities or production systems.

This is not the same as a country simply claiming it is disease-free. APHIS conducts an independent risk analysis, publishes a proposed rule in the Federal Register, takes public comment, and issues a final determination. That determination gets codified in the CFR and governs which animals and products can legally enter the country.

Key Mechanics

Recognition decisions under Part 92 flow through a structured process that starts with a foreign government petition and ends with a rulemaking:

Application (§ 92.2): Only an authorized representative of a national government — not an exporter, trade association, or company — may apply. The application must be in English and must include surveillance data, the country's regulatory framework, traceability systems, veterinary capacity documentation, and biosecurity protocols. APHIS can request additional information at any point and typically takes 12–24 months to complete the review because the process includes a public comment period and an independent risk analysis.

BSE Risk Classification (§ 92.5): Every country in the world is classified by APHIS into one of three BSE categories: negligible risk, controlled risk, or undetermined risk. These categories determine which cattle and beef products can enter the U.S. A country seeking to upgrade its classification — say, from "controlled risk" to "negligible risk" — must submit surveillance data covering years of testing, methodology, and case history. Canada achieved "negligible risk" status after a lengthy review process following its 2003 BSE outbreak. That reclassification reopened access to Canadian cattle markets that had been restricted for years.

Feed Ban Date (§ 92.6): For BSE purposes, APHIS must establish the date from which a country effectively enforced a ban on feeding ruminant material back to ruminants (the primary transmission route for BSE). Cattle born after the effective feed ban date carry lower risk. Countries must demonstrate enforcement through regulatory controls, documentation systems, and testing records — not just that a law was passed.

EU Coordination (§ 92.3): If the European Commission establishes a movement quarantine for a disease in a region that APHIS has already recognized as disease-free, APHIS automatically imposes similar restrictions — without waiting to complete its own independent assessment. This provision reflects how closely U.S. and EU animal health regulators operate and means that EU disease decisions have direct, immediate effects on U.S. import eligibility.

Outbreak Recovery (§ 92.4): When a recognized disease-free region experiences an outbreak, recognition can be partially preserved if the country demonstrates rapid geographic containment. APHIS may grant an interim disease-free designation for a smaller sub-region while the broader area recovers. Full re-recognition requires evidence that the disease has been eradicated and the control systems that failed have been corrected.

WOAH Alignment (§ 92.7): Part 92 incorporates the World Organisation for Animal Health (WOAH, formerly OIE) Terrestrial Animal Health Code as the scientific benchmark for disease-free determinations. This alignment with international standards is what makes APHIS recognition decisions compatible with U.S. obligations under the WTO Sanitary and Phytosanitary (SPS) Agreement — the international trade framework that governs food and animal safety measures. See WTO Membership & Uruguay Round Agreements Act for the U.S. legal foundation for SPS compliance.

How It Affects You

If you import livestock for U.S. operations: Before purchasing animals abroad, confirm two separate things — the country's overall disease status under 9 CFR Parts 93–94 (import requirements) and the specific regional or compartment recognition under Part 92. A country's overall status can differ from a specific zone's status. A South American country with historical foot-and-mouth disease may have APHIS-recognized FMD-free zones that allow exports under enhanced biosecurity conditions. Missing this distinction can mean customs holds, quarantine costs, or rejected shipments at the port of entry. See APHIS Animal and Bird Import Quarantine for the individual animal testing and quarantine requirements that apply on top of regional eligibility.

If you're in the U.S. beef or livestock industry: Every APHIS recognition decision reshapes competitive dynamics. When APHIS reclassifies a country's BSE status from "controlled risk" to "negligible risk," that country can suddenly ship a broader range of cattle and beef products into U.S. markets. When APHIS revokes recognition due to an outbreak — as happened repeatedly with FMD scares — imports stop immediately, sometimes within days of an outbreak announcement. The EU coordination provision (§ 92.3) adds another layer: a Brussels quarantine decision can trigger U.S. trade restrictions on regions you may have been sourcing from.

If you work in veterinary services or biosecurity: APHIS recognition of a region's disease-free status is a population-level finding, not a guarantee about individual animals. Every imported animal must still satisfy individual testing and certification requirements under 9 CFR Part 93 in addition to meeting regional eligibility under Part 92. Conflating the two is a compliance risk. See USDA Agricultural Biosecurity for the broader U.S. agricultural biosecurity framework and APHIS Veterinary Biologics Program for the parallel regulatory layer governing vaccines and biologics used in disease response.

If you work in agricultural trade policy: Recognition decisions are legally rulemakings — they go through notice-and-comment and can be challenged. Industry groups regularly comment on proposed recognitions that would open markets to foreign competitors. Tracking Part 92 Federal Register notices is an early-warning system for competitive market shifts.

Legal Authority

The Animal Health Protection Act (7 U.S.C. §§ 8301–8322) is the primary statutory framework for all APHIS livestock import and disease control activities. Key provisions:

• 7 U.S.C. § 8301 — Findings: Congress requires active steps to prevent, find, control, and eradicate animal diseases and pests. The statute explicitly recognizes that animal disease control is necessary to protect interstate and foreign commerce — the Commerce Clause foundation for APHIS regulatory authority.
• 7 U.S.C. § 8302 — Definitions: Defines the core terms used throughout APHIS animal import regulations: "animal" (any nonhuman animal), "import" (moving into the United States from outside), "livestock" (farm-raised animals), "pest" (organisms including bacteria, fungi, viruses, prions, and parasites that can harm livestock), and "veterinary countermeasure" (biologics, drugs, and disinfectants used to prevent or respond to animal disease).
• 7 U.S.C. § 8303 — Restriction on importation or entry: After notifying the Treasury Secretary and providing public notice, the Secretary may ban or limit the import of animals, items, or vehicles when needed to stop livestock pests or diseases from entering or spreading in the United States. This is the direct statutory authority for the Part 92 regional recognition framework — when APHIS revokes recognition, it exercises this authority. The Secretary may also require quarantine of imported animals pending health verification.
• 7 U.S.C. § 8306 — Seizure, quarantine, and disposal: In an extraordinary emergency threatening U.S. livestock, the Secretary may act within a State — banning animal movement and ordering quarantine or disposal — but only after consulting the Governor or State animal health official, providing public notice, and publishing findings in the Federal Register within 10 business days. Owners of destroyed animals must be compensated at fair market value.
• 7 U.S.C. § 8308 — Detection, control, and eradication: The Secretary may take blood samples and conduct diagnostic tests at slaughterhouses and stockyards. For joint federal-state-industry programs to control low-pathogenicity diseases, the Secretary must pay cooperating parties 100% of eligible costs.
• 7 U.S.C. § 8313 — Penalties: Civil penalties up to $50,000 per violation for individuals, $250,000 for entities, and $1,000,000 per case for willful violations. Criminal penalties of up to 5 years for importing animals in violation of the rules; up to 10 years on subsequent conviction. False certificates or permits carry up to 1 year.
• 7 U.S.C. § 8316 — Emergency funding: In a disease emergency threatening U.S. agriculture, the Secretary may transfer funds from other USDA accounts — without a fiscal year limit — to stop, control, or eradicate the outbreak.
• 21 U.S.C. § 113a — Foot-and-mouth disease research: Authorizes USDA to establish research labs and contract for FMD research. Live foot-and-mouth virus cannot be brought onto the U.S. mainland unless the Secretary finds it necessary and in the public interest and issues a permit under strict protective rules — a separate layer of restriction on top of the Part 92 recognition framework.

Recent Developments

Part 92 was substantially revised in 2007 (72 Fed. Reg. 39,19) to formally adopt the region/compartment framework aligned with WOAH standards and WTO SPS obligations. The revision moved U.S. import eligibility rules from a country-by-country binary toward a more granular geographic risk assessment model.

Since 2007, the most consequential decisions under Part 92 have been:

• Canada — BSE negligible risk reclassification: Canada was reclassified from "controlled risk" to "negligible risk" for BSE, restoring broader access for Canadian cattle and beef products following years of restrictions tied to the 2003 BSE discovery.
• Brazil and other South American FMD-free zones: APHIS has periodically recognized FMD-free zones within Brazil and other South American countries, expanding eligible sourcing regions for certain animal products while maintaining restrictions on FMD-affected areas.
• HPAI-related movement restrictions (2022–2025): Highly pathogenic avian influenza (HPAI) outbreaks in Europe and North America triggered multiple movement restrictions, with APHIS coordinating with EU authorities under § 92.3-style mechanisms even for poultry species outside the formal Part 92 framework.

No major structural amendment to Part 92 itself has been finalized since 2007, though APHIS has issued multiple individual recognition decisions through separate rulemakings.

2026 developments:

• March 2026 — Sri Lanka added to ASF affected regions (91 FR 10582, Doc. 2026-04316): APHIS added Sri Lanka to the list of regions considered affected by African swine fever (ASF), restricting pork and pork product imports from that country. This reflects the ongoing global expansion of ASF, which has reshaped livestock trade flows across Asia and Eastern Europe.
• April 2026 — Horse pre-export examination rule finalized (91 FR 18277, Doc. 2026-06955): APHIS removed the requirement that horses imported to the United States be accompanied by documentation of pre-export examination within 48 hours of departure. This regulatory update streamlines horse import procedures while retaining core health certification requirements.

2025 developments:

• June 2025 — El Salvador and Belize added to screwworm affected regions (Doc. 2025-10802): APHIS added both countries to the list of screwworm-affected regions, tightening movement restrictions for livestock from Central America. Screwworm (New World screwworm, Cochliomyia hominivorax) is a parasitic fly that was eradicated from the United States in the 1960s; reintroduction from affected regions would pose a serious threat to U.S. livestock.
• February 2025 — US Swine Health Improvement Plan comment period reopened (Doc. 2025-03100): APHIS extended the comment period on a proposed rule that would create the US Swine Health Improvement Plan (US SHIP), a voluntary livestock improvement program for swine. If finalized, US SHIP would create a compartmentalization framework for swine herds analogous to the compartment concept in Part 92, potentially allowing recognized herds to maintain trade eligibility even during regional disease events. See Swine Health Protection — Federal Garbage-Feeding Restrictions for the existing swine disease prevention rules under 9 CFR Part 166.

APHIS leadership transition (April 2026): APHIS announced multiple leadership changes in April 2026, including the retirement of Associate Administrator Michelle Wenberg after 38 years of federal service. Leadership transitions at APHIS can affect the pace of pending recognition decisions and rulemaking priorities.

Pending Action

No proposed rule to amend the Part 92 framework itself is currently pending in the Unified Regulatory Agenda (as of early 2026). Individual regional recognition and BSE reclassification petitions continue to be processed on a rolling basis outside the formal rulemaking agenda.

Active rulemakings adjacent to Part 92:

• US Swine Health Improvement Plan (Doc. 2025-03100, Proposed Rule): This proposal would create a voluntary compartmentalization program for swine herds. If finalized, it would sit alongside Part 92 as a complementary mechanism for maintaining herd-level disease-free status during regional outbreaks — potentially enabling continued trade from recognized compartments even when broader regional recognition is revoked.
• Standards for the Care of Breeding Female Dogs (91 FR 13978, Doc. 2026-05684, Proposed Rule): Ongoing APHIS rulemaking on kennel standards — not directly related to Part 92 import eligibility but reflects APHIS regulatory capacity priorities.

In Congress (119th Congress):

• HR 4168 — Livestock Consolidation Research Act of 2026: Introduced in the 119th Congress; would fund research on consolidation in the livestock sector. Consolidation trends affect the structure of the U.S. livestock market that APHIS import decisions compete against.

Monitor the Federal Register for APHIS notices tagged to 9 CFR Part 92 for the latest regional recognition decisions. APHIS posts updated disease status lists and affected-region designations on its website outside the formal CFR rulemaking process.

Frequently Asked Questions

Can a private company apply for APHIS region recognition? No. Under § 92.2, only an authorized representative of a national government may submit a recognition application. Private exporters or industry associations must work through their national veterinary authority.

How long does the recognition process take? Typically 12–24 months from application submission to final rule publication, depending on the complexity of the disease review and the volume of public comments received.

Does APHIS recognition mean individual animals are certified disease-free? No. Regional recognition is a population-level determination based on surveillance data and biosecurity systems. Individual animals must still pass testing and certification requirements under 9 CFR Part 93 before they can enter the United States. See APHIS Animal and Bird Import Quarantine for those individual animal requirements.

What happens if a recognized region has a disease outbreak? APHIS can revoke or restrict recognition quickly. The EU coordination provision (§ 92.3) means restrictions can also be triggered by EU quarantine decisions before APHIS completes its own assessment.

Where can I find current APHIS recognition decisions? APHIS publishes recognition decisions as standalone Federal Register rules. The current list of recognized regions and BSE classifications is codified in 9 CFR Part 94.

Sources

• 9 CFR Part 92: eCFR
• 7 U.S.C. § 8301 (Animal Health Protection Act): Congress.gov
• WOAH Terrestrial Animal Health Code: woah.org
• 72 Fed. Reg. 39,19 (2007 final rule): Federal Register
• USDA APHIS Import/Export page: aphis.usda.gov

Related Topics

• Animal Health Protection Act — APHIS & Disease Control — The primary statute authorizing all APHIS animal import restrictions
• APHIS Animal and Bird Import Quarantine — Individual animal testing and quarantine requirements that apply alongside regional recognition
• APHIS Purebred Animal Certification — Duty-free import certification for purebred breeding animals
• APHIS Veterinary Biologics Program — Federal licensing of vaccines and biologics used in animal disease prevention
• Plant Protection Act — APHIS & Federal Quarantine — The parallel APHIS framework governing plant health and import restrictions
• APHIS Plant Export Certification — Phytosanitary certificates for U.S. plant exports, the plant-side analogue to animal region recognition
• USDA Agricultural Biosecurity — Bioterrorism defense and agricultural facility security under APHIS
• Swine Health Protection — Federal Garbage-Feeding Restrictions — Federal rules preventing disease introduction through swine feed
• WTO Membership & Uruguay Round Agreements Act — U.S. legal basis for SPS Agreement compliance underlying APHIS recognition
• U.S. Customs and Border Protection — CBP enforces APHIS import restrictions at ports of entry