APHIS Issues Final Rule Amending Mad Cow Import Regulations
The Animal and Plant Health Inspection Service is amending its import regulations on prevention of bovine spongiform encephalopathy to harmonize U.S. requirements with current international standards, in an as-yet-unpublished final rule posted to the APHIS website Nov. 1. The final rule establishes a system for classifying regions based on risk of BSE, which is commonly known as mad cow disease, and sets conditions on importation based on the risk level. The classification system is derived from the system used by the World Organization for Animal Health (OIE). The final rule largely adopts changes proposed in March 2012 (see 12031313), and will take effect 90 days after its publication in the Federal Register.
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The new bovine import regulations will help break down trade barriers faced by U.S. exporters, said Senate Agriculture Committee Chairwoman Debbie Stabenow, D-Mich., in response to the APHIS final rule (here). Aligning U.S. regulations with international norms will put U.S. trade negotiators on stronger ground as they try to open international markets by pushing for science-based standards, she said. For example, non-science-based standards in Mexico that prohibit U.S. beef imports that are over 30 months of age cost U.S. beef producers $100 million annually, she said. “I applaud USDA’s actions to make sure that America’s beef producers have access to new export markets,” said Stabenow. “This effort is crucial to breaking down other countries’ unfounded trade barriers, and re-opening trade markets that are closed to U.S. beef.”
APHIS also posted questions and answers on new regulations (here), as well as a statement on the final rule (here).
Classification of Regions Based on BSE Risk
The final rule harmonizes the APHIS system of categorizing regions based on risk with the system used by the OIE, 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.
(The current 9 CFR 94.18(a) provides for three categories: (i) regions in which BSE is known to exist, (ii) regions of undue risk for BSE, and (iii) BSE minimal-risk regions.)
APHIS or OIE can conduct evaluation. APHIS will base its classification of the BSE risk status of an exporting region 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. When it relies on OIE classifications, it will conduct verification activities, APHIS said.
Regions of Negligible or Controlled Risk for BSE
For imports of live bovines from Mexico, Canada, or regions of negligible or controlled risk for BSE, and not being imported for immediate slaughter, APHIS is imposing 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 says 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.
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. For Canada, APHIS set this date as March 1, 1999. For Mexico, the date is Nov. 30, 2007.
Certificate. The bovines must be accompanied by an original certificate issued by a veterinary officer of the national government of the exporting region.
Canadian live bovines must also be imported through a port of entry designated in the regulations. The provision on the permanent identifier for Mexican bovines contains the caveat that they must be identified “if sexually intact.” Finally, special requirements apply to bovines from negligible or controlled risk region if BSE is discovered in the region.
Regions of Undetermined Risk for BSE
Imports of bovines from a region of undetermined risk for BSE is still prohibited, except on a case-by-case basis for specific uses including for show or exhibition.