APHIS Interim Rule Amends Regulations on Transloading, Sealing and Unsealing Certain Ruminants & Ruminant Products from Canada

However, it has come to APHIS' attention that certain provisions in the final rule could create conditions that unnecessarily hinder international trade or are not conducive to the humane treatment of livestock. In order to remedy these situations, APHIS has issued an interim rule, effective November 28, 2005, which amends the regulations as follows:

APHIS allows direct transloading of certain shipments of ruminant products from Canada for immediate export from the U.S.. In its January 2005 final rule, APHIS prohibited the transloading of bovine, sheep, and goat products and byproducts transiting the U.S. from Canada in order to ensure that such commodities are moved out of the U.S. and are not diverted for use in this country. However, it has come to APHIS' attention that historically, one of the standard industry practices for shipments transiting overland from Canada to Mexico has been the transloading of the products in the U.S. at the U.S.-Mexican border from the means of conveyance that carried the products though the U.S. directly into a waiting means of conveyance for delivery into Mexico.

APHIS states that such limited direct transloading, if carried out under Federal supervision can be done with adequate assurance that all products are exported from the U.S. Therefore, the regulations are being amended in order to allow such direct transloading, provided it is carried out under the supervision of an authorized inspector or an inspector (see regulations for applicable definitions).

APHIS also states that the interim rule provides that an authorized inspector or an inspector must break the seals of the national government of the region of origin on the means of conveyance that carried the commodities into the U.S. and seal the means of conveyance that will carry the commodities out of the U.S. with seals of the U.S. government.

In this interim rule, APHIS defines "direct transloading" to mean the transfer of cargo directly from one means of conveyance to another. APHIS states that direct transloading does not include the removal of cargo from the first means of conveyance for storage in the U.S. and subsequent reloading to a second means of conveyance.

Expanded list of individuals authorized to unseal conveyances carrying live ruminants of Canadian origin to feedlots/slaughtering establishments.The January 2005 final rule provides that bovines, sheep, and goats entering the U.S. from Canada must be transported in a means of conveyance that is sealed in Canada with seals of the Canadian government. The final rule also specified who was authorized to break these seals (e.g. veterinarians, USDA representative, state representatives, etc.). However, APHIS explains that as conveyances carrying livestock often arrive at feedlots and slaughtering establishments at nights and on weekends when such individuals are frequently not present, this requirement can entail the extended holding of animals on a means of conveyance.

To address this situation, APHIS is providing that "authorized USDA representatives" may break the seals on the means of conveyance. APHIS is adding a definition for "authorized USDA representative," which includes any of the following: an APHIS Veterinary Services employee, a USDA Food Safety and Inspection Service employee, a State Representative, an accredited veterinarian, or an employee of an accredited veterinarian, slaughtering establishment, or feedlot who is designated by the accredited veterinarian or management of the slaughtering establishment or feedlot to perform the function involved. At the same time, this interim final rule removes the definition of "USDA representative" from the regulations.

An APHIS press release states that in order to designate an employee to break official seals, an accredited veterinarian or the management of a slaughtering establishment or feedlot must first supply in writing the name of the designated individual to the APHIS area veterinarian in charge in the state where the seals will be broken. Further, the management of a slaughtering establishment or feedlot must enter into an agreement with APHIS Veterinary Services agreeing that only designated individuals will break the seals, etc.

APHIS clarifies who may seal conveyances carrying live ruminants of Canadian origin from feedlots to slaughtering establishments. APHIS is also amending its regulations in order to provide that a means of conveyance carrying live ruminants of Canadian origin from a feedlot or designated feedlot to a slaughtering establishment must be sealed with seals of the U.S. government by an accredited veterinarian, a State representative, or an APHIS representative. The term APHIS representative is defined as a veterinarian or other individual employed by APHIS or USDA, who is authorized to perform the services required by 7 CFR Part 93.

(See ITT's Online Archives or 01/06/05 news, 05010620, for Part II of BP's summary of the final rule, with a link to Part I.)

• comments due by January 27, 2006

APHIS Interim Rule (D/N 03-080-8, FR Pub 11/28/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-23334.pdf

APHIS Press Release (dated 11/29/05) available at http://www.aphis.usda.gov/newsroom/content/2005/11/canseal_vs.shtml