APHIS Proposes to Amend Bovine Import Regs to Align with Int'l BSE Standards

(BSE, commonly known as mad cow disease, is a progressive neurological disorder of cattle which causes a spongy degeneration in the brain and spinal cord. It is transmitted through the consumption of BSE-contaminated meat and bone meal supplements in cattle feed and may be transmitted to human beings through consumption of food contaminated with the brain, spinal cord, or digestive tract of infected carcasses.)

Would Make BSE-Related Import Conditions More Restrictive in Some Cases

APHIS is proposing to amend the regulations to establish importation requirements that it believes are more reflective of current scientific understanding of BSE. In many instances these changes, while still protecting livestock in the U.S. from BSE, would allow the importation into the U.S. of additional commodities. In a few cases, this proposed rule would make BSE-related import conditions more restrictive.

Highlights of Proposed Rule Changes

The following are highlights of the proposed rule changes:

Scope of rule regarding ruminants. The current APHIS regulations regarding BSE encompass all ruminants and products from all ruminants. Ruminants are "all animals that chew the cud." Included among ruminants are bovines (e.g., cattle), ovines (e.g. sheep), caprines (e.g., goats), cervids (e.g., deer and elk), and camelids (e.g., llamas and alpacas). APHIS is in the process of developing a proposal to amend the BSE regulations as they affect the importation of ovines and caprines and products derived from such animals.

Remove BSE restrictions on cervids & camelids. APHIS is proposing to remove all restrictions with regard to BSE from the importation of live cervids and camelids and their products from any region of the world. Although BSE has been shown to be naturally and experimentally transmitted to a wide range of ruminants, APHIS states natural transmission of BSE has not been reported in cervids or camelids.

Classification of regions as to BSE risk. The proposed rule would change the current 9 CFR 94.18(a) categories of (i) regions in which BSE is known to exist, (ii) regions of undue risk for BSE, and (iii) BSE minimal-risk regions, to the system used by the OIE¹, which is based on an overall evaluation of the BSE risk of a region, including a risk assessment. This system classifies areas as being either of (i) negligible risk, (ii) controlled risk, or (iii) undetermined risk for BSE. Whether a live bovine or a bovine-derived product would be eligible for importation into the U.S., and under what conditions, would in many cases be determined by the BSE category of the region from which the animal or product originates. (See proposed rule for proposed definitions of these category terms.)

APHIS or OIE can conduct evaluation. Because the data and process for a BSE risk evaluation that APHIS would conduct are equivalent to those employed by the OIE in making its own evaluations, APHIS is proposing that its classification of the BSE risk status of an exporting region be based on either (i) an evaluation of the BSE risk of a country that is conducted by the OIE, or, (2) for regions not yet classified by OIE, on an evaluation conducted by APHIS following a request. (See proposed rule for information and evaluation and classification procedures.)

Import Conditions for Live Bovines and Products Thereof

In this proposed rule, APHIS concurs with the conclusions reached by the OIE regarding import conditions for cattle from regions of negligible risk and controlled risk with regard to BSE, but differs from the OIE guidelines regarding the importation of bovines from regions of undetermined BSE risk.

Regions of Negligible or Controlled Risk for BSE

With regard to importations of live bovines from regions of negligible or controlled risk for BSE, APHIS is proposing in 9 CFR 93.436(a) and (b) that bovines may be imported under the following conditions:

Certificate of BSE risk classification. The bovines are accompanied by an original certificate that indicates the APHIS BSE risk classification of the region of export and states that the following conditions, where applicable, have been met.

Officially identified traceable to origin. Before the animals’ arrival at the port of entry into the U.S., each bovine imported into the U.S. is officially identified with unique individual identification that is traceable to the premises of origin of the animal. APHIS would provide that no person may alter, deface, remove, or otherwise tamper with the official identification while the animal is in the U.S. or moving into or through the U.S., except that the identification may be removed at slaughter.

Permanently identified w/ exporting country. The bovines are permanently and humanely identified before arrival at the port of entry with a distinct and legible mark identifying the exporting country.

Born after date of feeding ban. The bovines were born after the date from which the ban on the feeding of ruminants with processed animal protein derived from ruminants has been effectively enforced. Additionally, if there has been an indigenous case of BSE in the region, the following restrictions would apply:

(1) Bovines that, during their first year of life, were reared with a bovine determined to be infected with BSE during its first year of life, and that an investigation showed consumed the same feed that potentially contained specified risk materials (SRMs) as the infected animal during that period, would not be eligible for importation to the U.S; and

(2) If the investigation was unable to determine whether the feed source that was used to feed the bovine known to be infected was also used to feed other bovines in the herd of the infected animal, no bovine born in the same herd as a BSE-infected bovine either within 12 months before or 12 months after the birth of the infected animal would be eligible for importation into the U.S.

Regions of Undetermined Risk for BSE

With regard to the importation of live bovines, APHIS differs from the OIE guidelines by not proposing to allow the importation of live bovines from regions of undetermined risk for BSE, except in very limited situations.

In 9 CFR 93.436(c) of this proposed rule, APHIS provides that, with regard to BSE, live bovines may be imported from regions of undetermined risk for BSE for specific limited uses, such as movement to exhibitions and zoos, under specified conditions on a case-by-case basis, if the Administrator determines that the bovines can be imported under conditions that will prevent the introduction of BSE into the U.S. (Instructions for applying for a permit for the importation of live ruminants are included in current 9 CFR 93.404.)

Commodities Recommended for Unrestricted Trade

OIE recognizes the following bovine-derived commodities as safe for trade with regard to BSE, regardless of the BSE status of the exporting region: (i) Milk and milk products; (ii) Semen and in vivo derived embryos; (iii) Hides and skins; (iv) Gelatin and collagen from hides and skins; (v) Tallow with a maximum level of insoluble impurities of 0.15 percent in weight; and (vi) Dicalcium phosphate with no trace of protein or fat.

(See proposed rule for more information on commodities eligible for trade, specified risk materials, meat, meat byproducts, and meat food products, etc.)

¹The World Organization for Animal Health (OIE) is an international standard-setting organization for guidelines related to animal health.

Proposed rule (FR Pub 03/16/12) is available here. Technical correction to proposed rule (FR Pub 04/04/12) available here.

APHIS news release is available here.

APHIS FAQ document on this proposed rule is available here.