APHIS Final Rule Modifies its Regulations on BSE Minimal Risk Regions (Currently Only Canada Qualifies)
The Animal and Plant Health Inspection Service has issued a final rule, effective February 19, 2008, which amends 9 CFR Parts 93, 94, and 95 to remove several unnecessary restrictions regarding the identification of animals and the processing of ruminant materials from regions that present a minimal risk of introducing bovine spongiform encephalopathy (BSE, aka mad cow disease) into the U.S. (Currently only Canada qualifies.)
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In August 2006, APHIS issued a proposed rule to modify its regulations on BSE minimal risk regions. According to APHIS, this final rule adopts the August 2006 proposed rule as final, with certain nonsubstantive changes. (See ITT's Online Archives or 08/29/06 news, 06082930, for BP summary of APHIS' proposed rule.)
Highlights of the Final Rule's Changes to the BSE Regulations
The following are highlights of the final rule's changes to APHIS's regulations on BSE minimal-risk regions (partial list):
Gelatin derived from hides of bovines may be imported into the U.S. The final rule amends 9 CFR 94.19(f) to state that gelatin derived from the hides of bovines may be imported into the U.S. from a region listed in 9 CFR 94.18(a)(3) (currently only Canada) as long as the gelatin has not been commingled with materials ineligible for entry into the U.S.
Traceable, individual identification of animals other than ear tags. Instead of requiring that live bovines imported into the U.S. from a BSE minimal-risk region be individually identified by means of an official eartag of the country of origin, and instead of requiring that sheep and goats imported into the U.S. from Canada be individually identified by an official Canadian Food Inspection Agency eartag, the final rule amends 9 CFR 93.419(c) and 93.436(a)(2) and (b)(3) to state that the animals referenced in those sections must be officially identified with unique individual identification that is traceable to the premises of origin of the animal before the animals' arrival at the port of entry into the U.S.
APHIS states that it added the phrase, "traceable to the premises of origin" to the final rule in order to clarify its intent that the unique individual identification allow for rapid traceback of an animal to its herd of origin.
The final rule also: (i) amends 9 CFR 93.405 to require that the health certificate state "official identification" instead of "the eartag;" and (ii) amends 9 CFR 93.400 to add a definition of "officially identified," which is defined as "individually identified by means of an official identification device or method."
Official device/method must be approved before export. The final rule amends 9 CFR 93.400 to state in the definition for "official identification device or method" that such a device or method must have been approved by the Administrator for that type of import before the animal is exported to the U.S.
Nonruminant/ruminant material processing. The final rule amends 9 CFR 95.4(c) in order to allow nonruminant material that is processed in BSE minimal-risk regions to be processed in facilities that also process material derived from ruminants from the minimal-risk region.
(According to an APHIS press release, this final rule's changes update a 2005 final rule that established regions with effective BSE prevention and detection measures, termed minimal-risk regions, and conditions for safely importing live ruminants and ruminant products from such regions. See ITT's Online Archives or 01/06/05 news, 05010620, for BP summary of the January 2005 APHIS final rule. Also see ITT's Online Archives or 09/20/07 news, 07092010, for BP summary of a September 2007 final rule which removed a delay in the applicability of the January 2005 rule, and which includes a history of BSE minimal-risk region rulemakings.)
(See ITT's Online Archives or 02/09/07 news, 07020925, for BP summary of an APHIS proposed rule to allow the import of certain live bovines and products from BSE minimal risk regions.
See ITT's Online Archives or 11/21/07 news, 07112115, for BP summary of a Food Safety and Inspection Service notice on the importation of Canadian cattle, bison, sheep, and goats into the U.S.)
| Dr. Karen James-Preston (ruminant products) | (310) 734-4356 |
| Dr. Freeda Isaac (live ruminants) | (301) 734-8364 |
APHIS final rule (D/N APHIS-2006-0026, FR Pub 01/18/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-883.pdf
APHIS press release on final rule (dated 01/18/08) available at http://www.aphis.usda.gov/newsroom/content/2008/01/bsemrisk.shtml