NEW CDC RULES ON DOG IMPORTATION AND WAIVER OPPORTUNITY
August 5, 2024
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The Centers for Disease Control and Prevention (“CDC”) has published guidance regarding its final rule which will implement significant changes for the requirements placed on dogs entering or reentering the United States. The CDC’s final rule, titled: Control of Communicable Diseases; Foreign Quarantine: Importation of Dogs and Cats, requires stricter entry rules for dogs while not substantially changing importation rules for cats.
Any dog which has not been to a “high-risk country” in the last six (6) months is not required to present documentation of rabies vaccination. High-risk countries include China, Egypt, India, and many others. Dogs without a vaccine certification who have been to a high-risk country in the last six (6) months will not be permitted to enter the United States.
Starting on August 1, 2024, all dogs, including service dogs, entering the United States must conform with the following requirements:
- Be at least six (6) months old.
- Have an implanted International Organization for Standardization compatible microchip.
- This microchip must have been implanted prior to administration of the rabies vaccine.
- The microchip number needs to be listed on all required forms.
- Provide a CDC Dog Import Form
- The form may be completed online.
- Ideally the form will be completed 2-10 days prior to arrival but may be completed as late as in line at border crossing.
- Form requires a clear photograph of the dog including its face and body. Dogs less than one year old are required to produce a photograph taken within fifteen (15) days of arrival.
For any dog entering or returning to the U.S. that have been only in dog rabies-free or low-risk countries in the past six (6) months:
- Only subject to the requirements for all dogs listed above.
For dogs with rabies vaccination administered in the U.S. with contact with a high-risk country in the past six (6) months:
- Subject to the requirements for all dogs listed above plus;
- Must provide a USDA endorsed Certification of U.S.-Issued Rabies Vaccine form;
- Or a USDA endorsed export health certificate.
For dogs with a rabies vaccination administered outside of the U.S. with contact with a high-risk country in the past six (6) months:
Subject to the requirements for all dogs listed above plus;
- Must provide a Certification of Foreign Rabies Vaccination and Microchip form endorsed by an official government veterinarian.
- Must provide a rabies serology titer.
- Must have a reservation at a CDC-registered animal care facility. Absent a rabies serology titer, this requires a twenty-eight (28) day quarantine reservation.
- Dog must arrive at U.S. airport where there is a CDC-registered animal care facility. Please note that there are CDC-registered animal care facilities at most major U.S. airports.
Airlines must comply with numerous obligations and include on their website an explanation and links to these rules, the required documentation, and institute a policy for accepting and verifying compliance with these rules.
WAIVER
One important airline obligation is the requirement that airlines generate a bill of lading including an air waybill (“AWB”) for any dog (including service dogs) carried in transportation as cargo, checked baggage, hand-carried, or otherwise accompanying a traveler arriving in the U.S. Airlines may request a waiver to this specific requirement which is good for a period of 90 days. Within these 90 days, airlines may submit an application for a longer, 9-month waiver. Pursuant to the final rule, “airlines that lack the technical ability to generate an AWB to transport dogs may apply for the waiver.” The CDC also indicated that it may grant an annual waiver, subject to additional conditions. These waivers allow airlines to temporarily operate without needing to generate a bill of lading including AWBs for each dog they transport to the U.S. If you believe that generating a bill of lading and AWBs for dogs will be technically difficult for your airline, please let us know and we can assist you with applying for a waiver. The process is relatively simple. While there is no deadline by which waivers must be filed, the sooner a waiver is granted, the sooner an airline can be relieved of the requirement that it generate a bill of lading and AWB for each dog. Please note that the grant of such waiver does not release an airline from the other obligations under the rule listed in the attached summary.
For a complete list of requirements please visit the CDC website. If you have further questions regarding compliance with this final rule or need help applying for a waiver, please reach out to us and we would be happy to assist you.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, Andrew Orr at 202-659-6625 or aorr@eckertseamans.com, or Samanta Walter at 412.566.1920 or swalter@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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