APHIS Proposes Rule to Allow Import of Certain Live Bovines and Products from BSE Minimal Risk Regions (Currently only Canada )

APHIS explains that it has determined that it is not necessary to continue to prohibit the importation from BSE minimal-risk regions of certain: (1) Live bovines born on or after a certain date; (2) blood and blood products derived from bovines; (3) small intestine, other than the distal ileum, derived from bovines; and (4) casings derived from bovines.

APHIS will consider all comments received on or before March 12, 2007.

(According to APHIS, it is proposing these amendments after conducting a risk assessment and comprehensive evaluation of the issues that concluded that such bovines and bovine products can be safely imported under the conditions described in this proposed rule.)

Conditions, Removal of Restrictions for Importation of Live Bovines & Products

Specifically, APHIS has proposed the following (partial list):

Live Bovines.With regard to the import of BSE-risk live bovines into the U.S., APHIS is proposing the following:

to allow BSE-risk bovines to be imported if born on or after a date determined by APHIS to be the date of effective enforcement of a ruminant-to-ruminant feed ban in the region of export. APHIS has determined that the Canadian feed ban was fully implemented and effectively enforced as of March 1, 1999. As a result, Canadian bovines would be allowed to be imported if born on or after March 1, 1999, if the conditions described in the proposed rule are met.

(This would replace the current requirement that BSE-risk live bovines be less than 30 months of age for importation and slaughter.)

to remove the requirement that BSE-risk bovines not be pregnant when imported into the U.S.

to specify that a tattoo on the inside of one ear may be used as identification for BSE-risk bovines. ("CAN" would be used to identify Canadian BSE-risk bovines.)

to remove the requirement that BSE-risk live bovines imported for feeding and then slaughter be imported in a means of conveyance sealed in the region of origin with seals of the national government of the region of origin, and be moved directly from the port of entry as a group to a feedlot identified on the APHIS movement documentation currently required for such animals.

to remove the requirement that BSE-risk bovines imported for immediate slaughter be slaughtered as a group. APHIS would continue to require that bovines from Canada imported for immediate slaughter be moved directly as a group from the port of entry in a sealed means of conveyance.

to require that the means of conveyance for BSE-risk bovines imported for immediate slaughter be sealed at the port of entry with seals of the U.S. government, which would replace the current requirement that the sealing of the means of conveyance be done in the region of export with seals of the national government.

to remove the requirement that BSE-risk live bovines imported for other than immediate slaughter (e.g., to feed lots) be accompanied by APHIS Form VS 17-130.

to remove the requirements that BSE-risk bovines imported for other than immediate slaughter remain at a feedlot until transported from the feedlot to a recognized slaughtering establishment for slaughter, and that the bovines be moved directly from the feedlot to a recognized slaughtering establishment in conveyances sealed at the feedlot with seals of the U.S. government.

to remove the requirement that BSE-risk live bovines moved from a feedlot to a recognized slaughtering establishment, be accompanied by APHIS Form VS 1-27.

Bovine blood and blood products. With regard to the import of BSE-risk bovine blood and blood products, APHIS proposes the following:

that BSE-risk bovine blood to be imported be collected in a closed system, or in an otherwise hygienic manner that prevents contamination of the blood with potentially BSE-infective tissues, for following manners of collection: (1) from an animal that has been slaughtered, (2) from a live donor animal, or (3) from the fetal calf of a bovine dam that has been slaughtered. In all cases, the animal would be required to be clinically normal and have no obvious sign of disease. In addition, certain cranial stunning or pithing in the slaughtering process would be prohibited.

that shipments of BSE-risk bovine blood or blood products be accompanied by an original certificate signed by a full-time salaried veterinary officer of the national government of the region of origin, or issued by a veterinarian designated by or accredited by the national government of the region of origin, attesting that the veterinarian issuing the certificate was authorized to do so. (The certificate would be required to state that the applicable requirements of blood collection have been met.)

(APHIS notes that by policy, it currently prohibits the importation of any blood and blood products from listed BSE regions, other than certain serum (for certain scientific, etc. purposes) and certain serum albumin (for use as an ingredient in cosmetics).)

Bovine small intestines. With regard to the import of BSE-risk bovine small intestines, APHIS proposes the following:

removal of the requirements that bovine meat, meat byproducts, meat food products, and whole or half carcasses intended for importation from BSE minimal-risk regions be derived from animals from which the entire small intestine was removed at slaughter. APHIS is proposing instead that only the potentially BSE-infective tissues of the small intestine (i.e., the distal ileum) be removed at slaughter.

removal of the requirement that offal derived from BSE-risk bovines be derived from animals from which the small intestine was removed, and instead require only that the offal must have been derived from bovines from which potentially BSE-infective tissues of the small intestine (i.e., the distal ileum) be removed at slaughter.

Bovine casings. With regard to the import of BSE-risk bovine casings, APHIS proposes the following:

to allow BSE-risk bovine casings if they are derived from that part of the small intestine that is eligible for use as human food in accordance with the requirements established by FSIS and the Food and Drug Administration (FDA), i.e., that the distal ileum was removed at slaughter.

to allow importation of casings derived from bovine esophagi and urinary bladders.

(Under Food Safety Inspection Service (FSIS) regulations currently in effect, with which APHIS concurs, the distal ileum risk material includes 80 inches of uncoiled and trimmed small intestine as measured from the cecocolic junction.)

(On January 4, 2005, APHIS published a final rule which specified which commodities may be imported from BSE minimal-risk regions and under what conditions, and recognized Canada as a BSE minimal-risk region. See ITT's Online Archives or 01/05/05 and 01/06/05 news, 05010535 and 05010620, for Parts I and II of BP summary of the January 2005 final rule on bovines, etc. from minimal risk regions.

On March 11, 2005, APHIS delayed the effective date of certain provisions of the January 4, 2005 final rule. See ITT's Online Archives or 03/18/07 news, 05031899 3, for BP summary and citation listing.

On November 28, 2005, APHIS issued an interim rule amending the January 4, 2005 final rule by broadening the list of who is authorized to break seals on conveyances and allowed transloading under supervision of products transiting the U.S. See ITT's Online Archives or 12/13/05 news, 05121320, for BP summary.

On March 14, 2006, APHIS published a technical amendment that clarified its intent with regard to certain provisions in the January 2005 final rule and corrected several inconsistencies within the rule. See ITT's Online Archives or 03/21/06 news, 06032120, for BP summary of the technical amendment to APHIS' final rule.

On August 9, 2006, APHIS published a proposed rule to remove several restrictions regarding the identification of animals and the processing of ruminant materials from BSE minimal-risk regions, as well as BSE-based restrictions on gelatin derived from bovine hides. See ITT's Online Archives or 08/29/06 news, 06082930, for BP summary of this proposed rule.)

- APHIS will consider comments received on or before March 12, 2007

APHIS proposed rule (D/N APHIS-2006-0041, FR Pub 01/09/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-17.pdf