APHIS Final Rule Amends Regulations Regarding Import of Certain Ruminants, Ruminant Products from BSE Minimal Risk Regions

APHIS' January 2005 final rule also provided conditions for the importation of certain live ruminants and ruminant products and byproducts from such minimal risk regions.

APHIS states that this final rule corrects the January 2005 final rule, as certain provisions in the rule either did not make clear its intention or were written in a way that was inconsistent with other provisions.

Although the final rule was issued in January 2005, it was originally scheduled to become effective on March 7, 2005. However, its implementation was blocked by a court injunction. As a result, it did not become effective until July 15, 2005. (See ITT's Online Archives or 07/19/05 news, 05071920, for BP summary of the lifting of the injunction.)

The following are highlights of some of the amendments made to the January 2005 final rule (partial list):

Certification & Identification of Bovines, Sheep, & Goats for Immediate Slaughter

APHIS is amending its January 2005 final rule in order to make clear that live bovines, sheep, and goats imported from Canada for slaughter in the U.S., whether for immediate slaughter or for feeding and then slaughter, must be accompanied by a health certificate issued in accordance with 9 CFR 93.405 of the regulations and be individually identified before the animal's arrival at the port of entry into the U.S.

APHIS explains that the January 2005 final rule (by oversight) did not amend 9 CFR 93.405(a), 9 CFR 93.418(a) and 93.419(a) to remove their exemptions to the certificate requirement for cattle, sheep and goats imported from Canada for immediate slaughter. Therefore, this final rule amends 9 CFR 93.405(a), 9 CFR 93.418(a) and 93.419(a) to remove these exemptions.

APHIS Adds Information to Make Animal Identification Requirements Explicit

APHIS' final rule also amends 9 CFR 93.419(c) (sheep and goats) and adds a new 93.436(a)(3) (bovines for immediate slaughter) in order to incorporate the requirements for eartags added by the January 2005 final rule to 9 CFR 93.436(b)(4) (bovines for feeding) which specify that each subject animal imported from a BSE minimal-risk region, both those imported for immediate slaughter and those imported for feeding and then slaughter, must be identified before the animal's arrival at the port of entry into the U.S. by means of an official eartag of the country of origin (in this case a Canadian Food Inspection Agency eartag) that is determined by the APHIS administrator to meet standards equivalent to those for official eartags in the U.S. as defined in 9 CFR 71.1 and to be traceable to the premises of origin of the animal.

APHIS' amendments also specify that no person may alter, deface, remove, or otherwise tamper with the official eartag while the animal is in the U.S. or moving into or through the U.S., except that the identification may be removed at the time of slaughter.

APHIS is making these amendments in order to make the January 2005 final rule's requirements for individual identification of imported animals more explicit.

Pregnant Bovines, Sheep, Goats May Not be Imported, Certification Still Required

APHIS states that the regulatory text of the January 2005 final rule does not explicitly address whether pregnant bovines, sheep, or goats may be imported for immediate slaughter or for movement to a feedlot for subsequent movement to slaughter. Therefore, APHIS is amending 9 CFR 93.436(a)(1) and (b)(1) to prohibit explicitly the importation of pregnant bovines from BSE minimal-risk regions. Similarly, APHIS is amending 9 CFR 93.419(c) to prohibit the importation of pregnant sheep and goats from Canada (at this time the only country listed as a BSE minimal-risk region).

APHIS sources explain that since the implementation of the January 2005 final rule, APHIS has required that certificates accompanying bovines, sheep, and goats imported from Canada state that the subject animals are not pregnant. Sources add that this requirement will continue to remain in effect.

Pet Food and Similar Commodities

APHIS states that it is amending 9 CFR 95.4(a)(3) (Restrictions on the importation of processed animal protein, offal, tankage, fat, glands, certain tallow other than tallow derivatives, and serum due to BSE) in order to make clear that this paragraph prohibits the importation of products containing any of the items prohibited importation under 9 CFR 95.4(a)(1) and (a)(2).

Prior to this amendment, APHIS states that if read literally, 9 CFR 95.4(a)(3) appeared to prohibit the importation of products containing any of the materials listed in 9 CFR 95.4(a)(1) and (a)(2), including those products containing materials that are allowed to be imported from BSE minimal-risk regions.

(See APHIS final rule for additional details of the amendments, including certain certification requirements specific to sheep and goats imported for immediate slaughter, removal of the requirement for the name of the animal on the health certificate, certain reformatting of 9 CFR 93.418, adding the guanaco to the definition of "camelid," etc.)

(See ITT's Online Archives or 12/13/05 news, 05121320, for BP summary of an earlier interim rule which amended the January 2005 final rule establishing BSE minimal-risk regions and naming Canada as such a 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.)

APHIS Contacts - Karen James-Preston (ruminant products) (301) 734-4356

Lee Ann Thomas (live ruminants) (301) 734-4356

APHIS Final Rule (D/N 03-080-9, FR Pub 03/14/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-2406.pdf