USDA Proposed Rule – BSE and Canada

Summary:

On October 31, 2003, the United States Department of Agriculture (USDA) announced a proposed rule to amend regulations regarding the importation of animals and animal products to recognize a category of regions that present a minimal risk of introducing Bovine Spongiform Encephalopathy (BSE) into the United States (US) via live ruminants and ruminant products. The USDA is proposing to add Canada to this category. Importation of specific previously prohibited products from such regions, including live cattle younger than 30 months, would be permitted under certain conditions. The USDA will consider comments received before January 5, 2004, and based on those comments may amend the rule before it is finalized.

Background:

• Following the May 2003 announcement that BSE was discovered in a single cow in Alberta, the US along with many other trading partners closed the borders to imports of Canadian ruminants and ruminant products.

• Supported by scientific evidence and consumer confidence towards Canadian beef, several trading partners, including the US and Mexico, have since opened their borders to specific ruminant products such as muscle cuts of beef from cattle under 30 months.

• Although partial border openings were welcomed, Canada stated that scientific evidence and international trade rules based on international animal health standards supported broader-based border openings in Canada’s case. Canada’s BSE situation differed from outbreak in the United Kingdom, upon which many countries based their BSE policy. Regarding BSE, the Canadian Food Inspection Agency stated the Canada should be deemed a “minimal risk” country. Their analysis can be found here: http://www.inspection.gc.ca/

• In August 2003 the US announced it would enter an expedited rule making process to consider live cattle imports from Canada.

• On October 31, 2003, the United States Department of Agriculture (USDA) issued a proposed rule to amend its BSE regulations. The rule establishes a new category of low-incidence countries, including Canada, that have had effective BSE safeguards in place prior to detection, and that have adopted additional measures based on risk analysis. The rule also outlines proposed protocols for the resumption of imports of certain live ruminants and ruminant products and by products from Canada.

• Importantly, the proposed product list (below) includes live bovine animals less than 30 months of age and carcasses and meat there from.

• Beef products allowed into the US since September can continue to enter under permit during the rulemaking process.

• The USDA state that certain actions led them to conclude that Canada presents a minimal risk of BSE, including but not limited to the following:

  • a history of stringent import control measures;
  • a strong surveillance system;
  • a feed ban that has been in place for several years; and
  • appropriate additional mitigation actions taken as necessary.

• Canada is currently the only proposed minimal risk country. The US will assess other BSE-restricted countries upon request.

• The rule was published in the Federal Register on November 4, 2003. You may find the document here: http://www.fas.usda.gov/

• Interested parties have until January 5, 2004 to submit comments. The USDA will consider all comments received, and will then decide whether any changes need to be made to the proposed rule. The last step in the process will be to publish a final rule, reflecting any changes as decided.

• The scope of the rule and its analysis is broad, including an economic impact assessment of the restoration of Canadian imports under the proposed rule.

• Comments are expected both supporting and opposing the extent of the proposed border opening. In the end, the USDA may decide to open the border more widely or more narrowly than as per the proposed rule. The timing of any action by the US is also uncertain.

• Although the rule, if adopted, will improve Canada’s beef and cattle exports to the US, it would not restore exports to the pre-BSE level primarily since beef and cattle over 30 months are not included. This continues to be a significant concern to British Columbia, other provinces, the federal government and industry stakeholders.

Summary of Live Ruminants and Ruminant Products allowed for Import from Canada under the US Department of Agriculture’s October 31, 2003 Proposed Rule:

1. bovine animals less than 30 months of age for immediate slaughter;

2. bovine animals for feeding, moved to a designated feedlot and then to slaughter at less than 30 months of age;

3. sheep and goats less than 12 months of age for immediate slaughter;

4. sheep and goats for feeding. moved to a designated feedlot and then to slaughter at less than 12 months of age;

5. cervids for immediate slaughter;

6. fresh (chilled or frozen) meat from bovines less than 30 months of age;

7. fresh (chilled or frozen) whole or half carcasses of bovines less than 30 months of age;

8. fresh (chilled or frozen) bovine liver;

9. fresh (chilled or frozen) bovine tongues;

10. fresh (chilled and frozen) meat of sheep or goats less than 12 months of age;

11. fresh (chilled or frozen) carcasses of sheep or goats less than 12 months of age;

12. hunter harvested wild ruminant products;

13. fresh (chilled or frozen) meat of cervids either farm-raised or harvested on a game farm or similar facility;

14. fresh (chilled or frozen) meat from wild- harvested caribou, musk ox, or other cervids; and

15. certain types of gelatin, tallow; and cervine (but not bovine) offal.

For a complete description of products, and the conditions under which they will be considered for importation under the rule, please refer to the proposed rule in the US Federal Register to which you will find the link, above.

Last update: November 26, 2003

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