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APHIS Final Rule to Allow Import of Live Bovines, Certain Bovine Products from BSE Minimal-Risk Regions (Currently only Canada)

The Animal and Plant Health Inspection Service has issued a final rule, effective November 19, 2007, that will amend 9 CFR Parts 93-96 to establish conditions for the importation of live bovines and certain bovine products from regions that present a minimal risk of introducing bovine spongiform encephalopathy (BSE, aka mad cow disease). Currently only Canada qualifies.

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The final rule, which adopts APHIS' January 2007 proposed rule without change, establishes conditions for the importation from BSE minimal-risk regions of certain: (1) live bovines for any use born on or after a certain date1; (2) blood and blood products derived from bovines; and (3) casings and part of the small intestine derived from bovines.

According to a U.S. Department of Agriculture (USDA) press release, the final rule will further normalizes trade with countries that institute the appropriate safeguards to prevent the spread of BSE.

(APHIS notes that it is making these amendments after conducting a risk assessment and comprehensive evaluation of the issues and concluding that such bovines and bovine products can be safely imported under the conditions described in the final rule.)

1A date determined by APHIS to be the date of effective enforcement of a ruminant-to-ruminant feed ban in the region of export.

Ban to be Lifted on Certain Imports of Bovines/Products From Canada

Effective November 19, 2007, the final rule will allow for the importation from Canada (currently the only BSE minimal-risk region) all live bovines born on or after March 1, 1999, which APHIS has determined to be the date of effective enforcement of Canada's ruminant-to-ruminant feed ban. It also allows for importation of bovine blood and blood products, small intestines (minus the distal ileum), and casings from Canada.

The final rule will also remove the delay in applicability of a January 2005 APHIS final rule that had allowed for imports of bovines (less than 30 months old) and certain bovine products from Canada (or other countries qualifying as BSE minimal-risk regions). (See BP Note for details on the delay.))

(See ITT's Online Archives or 02/09/07 news, 07020925, for BP summary of APHIS' January 2007 proposed rule.)

Dr. Karen James-Preston (ruminant products)(301) 734-4356
Dr. Lee Ann Thomas (live ruminants)(301) 734-4935
Dr. Lisa Ferguson (other information)(301) 734-6954

APHIS final rule (D/N APHIS-2006-0041, FR Pub 09/18/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-4595.pdf

USDA press release (Release No. 0247.07, dated 09/14/07) available at http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1RD?printable=true&contentidonly=true&contentid=2007/09/0247.xml

BP Note

In January 2005, APHIS published a final rule which specified which commodities may be imported from BSE minimal-risk regions and under what conditions, and recognized Canada as a BSE minimal-risk 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's summary, respectively.)

In February 2005, USDA delayed the effective date in APHIS' January 2005 final rule for allowing imports of Canadian beef from animals less than 30 months. (See ITT's Online Archives or 02/11/05 news, 05021107, for BP summary.)

In March 2005, APHIS issued a memo stating that it was delaying implementation of its January 2005 final rule due to a temporary court injunction. (See ITT's Online Archives or 03/16/05 news, 05031615, for BP summary.)

In March 2006, APHIS published a technical amendment that clarified its intent with regard to certain provisions in the January 2005 final rule and corrected several inconsistencies within the rule. (See ITT's Online Archives or 03/21/06 news, 06032120, for BP summary.)

In August 2006, APHIS published a proposed rule to remove several restrictions regarding the identification of animals and the processing of ruminant materials from BSE minimal-risk regions, as well as BSE-based restrictions on gelatin derived from bovine hides. See ITT's Online Archives or 08/29/06 news, 06082930, for BP summary.)