21 C.F.R. § 1240.62

Turtles intrastate and interstate requirements

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(a) Definition. As used in this section the term “turtles” includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (families Dermachelidae and Chelonidae).

(b) Sales; general prohibition. Except as otherwise provided in this section, viable turtle eggs and live turtles with a carapace length of less than 4 inches shall not be sold, held for sale, or offered for any other type of commercial or public distribution.

(c) Exceptions. The provisions of this section are not applicable to:

(1) The sale, holding for sale, and distribution of live turtles and viable turtle eggs for bona fide scientific, educational, or exhibitional purposes, other than use as pets.

(2) The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connection with a business.

(3) The sale, holding for sale, and distribution of live turtles and viable turtle eggs intended for export only, provided that the outside of the shipping package is conspicuously labeled “For Export Only.”

(4) Marine turtles excluded from this regulation under the provisions of paragraph (a) of this section and eggs of such turtles.

(d) Petitions. The Commissioner of Food and Drugs, either on his own initiative or on behalf of any interested person who has submitted a petition, may publish a proposal to amend this regulation. Any such petition shall include an adequate factual basis to support the petition, and will be published for comment if it contains reasonable grounds for the proposed regulation. A petition requesting such a regulation, which would amend this regulation, shall be submitted to the Dockets Management Staff, Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

[40 FR 22545, May 23, 1975, as amended at 46 FR 8461, Jan. 27, 1981; 48 FR 11431, Mar. 18, 1983; 54 FR 24900, June 12, 1989; 59 FR 14366, Mar. 28, 1994; 66 FR 56035, Nov. 6, 2001; 70 FR 48073, Aug. 18, 2005; 78 FR 44881, July 25, 2013; 88 FR 45067, July 14, 2023]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2009–2025 · leading case: Indep. Turtle Farmers of Louisiana, Inc. v. United States, 703 F. Supp. 2d 604 (W.D. La. 2010).
Indep. Turtle Farmers of Louisiana, Inc. v. United States, 703 F. Supp. 2d 604 (W.D. La. 2010). · cites it 6× “21 C.F.R. § 1240.62 (Appendix A to this ruling).”
Merced v. City of Euless, 577 F.3d 578 (5th Cir. 2009). “331 (permitting possession and sale of certain kinds of turtles); 21 C.F.R. § 1240.62 (forbidding the sale of turtles with a carapace length of less than four inches).”
Mark McAfee v. FDA, 36 F.4th 272 (D.C. Cir. 2022). “, 21 C.F.R. § 1240.62 (banning certain turtles known to carry salmonella); id.”
Bruno Proj. Rescue Inc v. Centers for Disease Control & Prevention (D. Mass. 2025). “§ 264 (a) by enacting an eviction moratorium in response to the COVID-19 pandemic). That the six-month age requirement is in line with other regulations promulgated pursuant to § 264(a) further underscores this conclusion.”
Merced v. City of Euless (5th Cir. 2009). “331 (permitting possession and sale of certain kinds of turtles); 21 C.F.R. § 1240.62 (forbidding the sale of turtles with a carapace length of less than four inches).”
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