---
kind: "section"
citation: "9 C.F.R. § 2.102"
title: "9"
number: "2.102"
heading: "Holding facility."
url: "https://uscodex.org/cfr/9/2.102"
---

# §2.102. Holding facility.

- (a) If any dealer or exhibitor obtains the prior approval of the Deputy Administrator, he may arrange to have another person hold animals for the required period provided for in [paragraph (a)](/cfr/9/2.101.md?p=a) of § 2.101: Provided, That:
  - (1) The other person agrees in writing to comply with the regulations in [part 2](/cfr/9/part2.md) and the standards in [part 3](/cfr/9/part3.md) of this subchapter and to allow inspection of his premises by an APHIS official during business hours; and
  - (2) **The animals remain under the total control and responsibility of the dealer or exhibitor.**
  - (3) Approval will not be given for a dealer or exhibitor holding a license as set forth in [§ 2.1](/cfr/9/2.1.md) to have animals held for purposes of this section by another licensed dealer or exhibitor. APHIS Form 7009 shall be used for approval.
  - (4) The other person or premises must either be directly included in the dealer's or exhibitor's contingency plan required under [§ 2.134](/cfr/9/2.134.md) or must develop its own contingency plan in accordance with [§ 2.134](/cfr/9/2.134.md).
- (b) If any intermediate handler obtains prior approval of the Deputy Administrator, it may arrange to have another person hold animals: Provided, That:
  - (1) The other person agrees in writing to comply with the regulations in [part 2](/cfr/9/part2.md) and the standards in [part 3](/cfr/9/part3.md) of this subchapter and to allow inspection of the premises by an APHIS official during business hours; and
  - (2) The animals remain under the total control and responsibility of the research facility or intermediate handler.
  - (3) The other person or premises must either be directly included in the intermediate handler's contingency plan required under [§ 2.134](/cfr/9/2.134.md) or must develop its own contingency plan in accordance with [§ 2.134](/cfr/9/2.134.md).

## Notes

### Amendments

[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13896, Mar. 15, 1995; 63 FR 62927, Nov. 10, 1998; 69 FR 42102, July 14, 2004; 77 FR 76823, Dec. 31, 2012; 85 FR 28798, May 13, 2020]

### Authority

Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

### Source

Source: 54 FR 36147, Aug. 31, 1989, unless otherwise noted.

### Amendments

[54 FR 36147, Aug. 31, 1989, as amended at 60 FR 13896, Mar. 15, 1995; 63 FR 62927, Nov. 10, 1998; 69 FR 42102, July 14, 2004; 77 FR 76823, Dec. 31, 2012; 85 FR 28798, May 13, 2020]