[Federal Register: March 14, 2006 (Volume 71, Number 49)]
[Rules and Regulations]
[Page 12994-12998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr06-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93 and 95
[Docket No. 03-080-9]
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and
Importation of Commodities; Technical Amendments
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendments.
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SUMMARY: In a final rule published in the Federal Register on January
4, 2005, we amended the regulations regarding the importation of
animals and animal products to establish a category of regions that
present a minimal risk of introducing bovine spongiform encephalopathy
into the United States via live ruminants and ruminant products and
byproducts, and added Canada to this category. We also established
conditions for the importation of certain live ruminants and ruminant
products and byproducts from such regions. In this document, we are
clarifying our intent with regard to certain provisions in the final
rule and are correcting several inconsistencies within the rule. These
technical amendments will clarify the regulations.
DATES: Effective Date: These amendments are effective March 14, 2006.
FOR FURTHER INFORMATION CONTACT: For information regarding ruminant
products, contact Dr. Karen James-Preston, Director, Technical Trade
Services, Animal Products, National Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.
For information concerning live ruminants, contact Lee Ann Thomas,
Director, Technical Trade Services, Animals, Organisms and Vectors, and
Select Agents, National Center for Import and Export, VS, APHIS, 4700
River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
In a final rule published in the Federal Register on January 4,
2005 (70 FR 460-553, Docket No. 03-080-3), we amended the regulations
regarding the importation of animals and animal products to establish a
category of regions that present a minimal risk of introducing bovine
spongiform encephalopathy (BSE) into the United States via live
ruminants and ruminant products and byproducts, and we added Canada to
this category. We also established conditions for the importation of
certain live ruminants and ruminant products and byproducts from such
regions.
Following publication of the final rule, it came to our attention
that certain provisions in the rule either did not make clear our
intention or were written in a way that was inconsistent with other
provisions in the rule or with the description of such provisions in
the preamble of the rule. We addressed two of those issues in an
interim rule that was published in the Federal Register and made
effective on November 28, 2005 (70 FR 71213-71218, Docket No. 03-080-
8). In this document, we are clarifying certain other provisions of the
January 2005 final rule, as discussed below.
Certification and Individual Identification of Bovines, Sheep, and
Goats Imported for Immediate Slaughter
In this amendment, we are making clear that live bovines, sheep,
and goats imported from Canada for slaughter in the United States--
whether for immediate slaughter or for feeding and then slaughter--must
be accompanied by a health certificate issued in accordance with Sec.
93.405 of the regulations and be individually identified before the
animal's arrival at the port of entry into the United States.
As established by the January 2005 final rule, Sec. 93.436(a) of
the regulations requires a certificate for bovines imported from BSE
minimal-risk regions for immediate slaughter, and Sec. 93.436(b)
requires a certificate for bovines imported from BSE minimal-risk
regions for feeding and then slaughter. Section 93.419(c) requires a
certificate for sheep and goats imported from BSE minimal-risk regions.
Section 93.405, which contains general requirements for certificates
for ruminants, provides in paragraph (a)(4) that certificates for
bovines, sheep, and goats imported from BSE minimal-risk regions
include, among other information, the name and address of the importer;
the species, breed and number or quantity of ruminants to be imported;
the purpose of the importation; individual ruminant identification and
any other identification present on the animal, including registration
number, if any; a description of the ruminant, including name, age,
color, and markings, if any; the region of origin; the address of or
other means of identifying the premises of origin and any other
premises where the ruminants resided immediately prior to export,
including the State or its equivalent, the municipality or nearest
city, or an equivalent method, approved by the Administrator, of
identifying the location of the premises; the name and address of the
exporter; the port of embarkation in the foreign region; and the mode
of transportation, route of travel, and port of entry in the United
States.
The January 2005 final rule did not amend Sec. 93.405(a), however,
which allowed for exemptions to the certificate requirement as provided
in Sec. 93.418(a) for cattle imported from Canada for immediate
slaughter and as provided in Sec. 93.419(a) for sheep and goats
imported from Canada for immediate slaughter.
The language in Sec. Sec. 93.418(a) and 93.419(a) that exempted
cattle, sheep, and goats imported from Canada for immediate slaughter
from the certification requirements of Sec. 93.405 was included in the
regulations before a BSE-infected cow was diagnosed in Canada in May
2003. It was not removed when BSE was detected in Canada because,
following that detection, no live ruminants were allowed importation
from Canada, which made the exemptions moot. It was our intention to
remove those exemptions once the importation of bovines, sheep, and
goats from Canada was allowed to resume. However, by oversight, we
neglected to remove those exemptions in our January 2005 final rule.
Therefore, in this document, we are amending Sec. Sec. 93.405(a),
93.418(a), and 93.419(a) to do so.
What Must Be Included on the Certification Regarding Sheep and Goats
Imported for Immediate Slaughter
As discussed above, we are making clear in this technical amendment
that sheep and goats imported from Canada for immediate slaughter must
be accompanied by the health certificate required in accordance with
Sec. 93.405. However, only parts of Sec. 93.405 are applicable to
sheep and goats imported from Canada for immediate slaughter.
Paragraphs (b) and (c) of Sec. 93.405 include import conditions with
regard to scrapie that are not applicable to sheep and goats imported
from Canada for immediate slaughter, due to the very restricted
movement of such animals in
[[Page 12995]]
the United States. In this document, we are adding wording to Sec.
93.405(b)(1) and (c)(2) to make clear which sheep and goats those
paragraphs apply to.
Individual Identification
Among the information required on the health certificate under
Sec. 93.405(a)(4) is the individual identification of the animal being
imported from a BSE minimal-risk region. To make the requirement for
individual identification more explicit, in this document we are
amending Sec. Sec. 93.419(c) and 93.436(a)(3) and (b)(4) to specify
that each sheep, goat, and bovine imported from a BSE minimal-risk
region--both those imported for immediate slaughter as well as those
imported for feeding and then slaughter--must be identified before the
animal's arrival at the port of entry into the United States 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 United States as defined in 9 CFR 71.1 and to be
traceable to the premises of origin of the animal. We are also
specifying that no person may alter, deface, remove, or otherwise
tamper with the official eartag while the animal is in the United
States or moving into or through the United States, except that the
identification may be removed at the time of slaughter.
Remove Requirement for Name of Animal on Health Certificate
As noted above, among the information required on the health
certificate under Sec. 93.405(a)(4) of the January 2005 final rule is
the name of the animal. It is not our intent to require the name of the
animal on the health certificate. The wording of Sec. 93.405(a)(4) of
the January 2005 final rule was taken in part from information that is
usually supplied for purebred animals imported for shows or for
breeding. Many animals of this type have been given a name, unlike
ruminants imported for immediate slaughter or for feeding and then
slaughter. Because the January 2005 final rule does not allow the
importation of bovines, sheep, and goats from Canada for shows or
breeding, a requirement that the name of the animal be included on the
health certificate is not necessary or useful. Therefore, consistent
with our intent, we are removing the requirement in Sec. 93.405(a)(4)
that a bovine, sheep, or goat imported from Canada be identified by
name on the health certificate required under Sec. 93.405.
Change to the Heading to Sec. 93.405
Consistent with the content of Sec. 93.405, we are changing the
heading to that section from ``Certificate for ruminants'' to ``Health
certificate for ruminants.''
Reformatting of Sec. 93.418
Section 93.418 of the regulations contains certification
requirements regarding the tuberculosis and brucellosis status of
cattle from Canada. These requirements were in effect before Canada
reported a case of BSE in May 2003. However, from May 2003 until the
January 2005 final rule became effective, the provisions in Sec.
93.418 were moot, because no live cattle were imported from Canada.
With the resumption of the importation of cattle from Canada, and our
making explicit in this technical amendment that all cattle from Canada
must be accompanied by a health certificate in accordance with Sec.
93.405, we are rewording and reformatting Sec. 93.418 to be consistent
with Sec. 93.405 and to remove redundant language.
Paragraph (b) of Sec. 93.418 has required that cattle imported
from Canada for other than immediate slaughter be accompanied by a
certificate issued or endorsed by a salaried veterinarian of the
Canadian Government stating that the cattle meet specified requirements
regarding their tuberculosis status. Similarly, Sec. 93.418(c) has
required that certain cattle imported from Canada for other than
immediate slaughter be accompanied by a certification that the cattle
meet specified requirements regarding their brucellosis status.
As noted above under the heading ``Certification and Individual
Identification of Bovines, Sheep, and Goats Imported for Immediate
Slaughter,'' in this technical amendment we are removing the language
in Sec. 93.418(a) that has said that cattle imported from Canada for
immediate slaughter do not need to be accompanied with the health
certificate required under Sec. 93.405. Consistent with this change to
Sec. 93.418(a), we are rewording Sec. 93.418(b) and (c) to make it
clear that, although all cattle imported from Canada must be
accompanied by a health certificate in accordance with Sec. 93.405,
Sec. 93.418 requires specific information regarding tuberculosis and
brucellosis only for certain cattle (i.e., for cattle other than those
imported for immediate slaughter and, with regard to brucellosis, for
cattle other than steers).
Additionally, in this technical amendment, we are removing Sec.
93.418(d) because its provisions are contained elsewhere in the
regulations. Section 93.418 has contained language requiring that the
health certificate accompanying cattle to the United States indicate
the names of the consignor and consignee, as well as a description of
the cattle to be imported. This language is duplicative of language
contained in Sec. 93.405. Also, Sec. 93.418(d)(3) has required that
the certification accompanying certain cattle from Canada indicate the
dates and places of tuberculosis and brucellosis tests required under
Sec. 93.418(b) and (c). That requirement is duplicative of language
already set forth in Sec. 93.418(b) and (c). Finally, we are removing
the language from Sec. 93.418(d) that says that, for brucellosis
vaccinations required under Sec. 93.418, the required certificate must
indicate the date of vaccination, dosage of vaccine, and age of each
animal, and are including it instead in Sec. 93.418(c).
Certification That Bovines, Sheep, and Goats Are Not Pregnant
Section 93.436 of our January 2005 final rule allows, under certain
conditions, the importation of bovines under 30 months of age and sheep
and goats under 12 months of age. One of the conditions is that the
animals must be imported either for immediate slaughter or for movement
to a feedlot for subsequent movement to slaughter. The final rule does
not allow the importation of breeding cattle and breeding sheep and
goats from BSE minimal-risk regions. This prohibition was discussed in
the preamble (see 70 FR 484-485 and 487), and the rule allows the
importation of bovines, sheep, and goats for slaughter only.
However, the regulatory text of the 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.
We did not intend to allow the importation of pregnant bovines,
sheep, and goats under the final rule. Calves, lambs, and kids born in
the United States from animals imported under the January 2005 final
rule would not have been imported in compliance with the final rule, in
that they would not have been identified as being of Canadian origin by
means of a brand, they would not be individually identified in a way
that is traceable to their herd or flock of origin, and they would not
be specifically covered by a certificate. Further, the importation of
fetal bovine serum (FBS) from BSE minimal-risk regions was not
evaluated for the January 2005 final rule, and the regulations do not
allow the importation FBS from BSE minimal-risk regions. It
[[Page 12996]]
would be inconsistent to prohibit the importation of FBS from BSE
minimal-risk regions, while at the same time allow the importation of
pregnant bovines from whose fetuses FBS could be obtained.
Therefore, we are amending Sec. 93.436(a)(1) and (b)(1) to
prohibit explicitly the importation of pregnant bovines from BSE
minimal-risk regions. Similarly, we are amending Sec. 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). As we
have been requiring since the January 2005 final rule was implemented,
certificates accompanying bovines, sheep, and goats imported from
Canada must state that the animals covered by the certificate are not
pregnant.
Definition of Camelids
In the preamble of the January 2005 final rule, we stated that we
were adding a definition of camelid to Sec. 93.400 to mean all species
in the family Camelidae, including camels, llamas, alpacas, guanacos,
and vicunas. However, in the regulatory text of our rule, we
inadvertently neglected to include guanacos in the definition of
camelid. In this document, we are correcting that oversight by adding
guanacos to the definition of camelid in Sec. 93.400.
Pet Food and Similar Commodities
Paragraphs (a)(1) and (a)(2) of Sec. 95.4 contain lists of
commodities that are prohibited importation from regions listed in
Sec. 94.18(a) unless certain conditions are met. The regions listed in
Sec. 94.18(a) include regions in which BSE is known to exist (listed
in Sec. 94.18(a)(1)), regions that present an undue risk of
introducing BSE into the United States (listed in Sec. 94.18(a)(2)),
and BSE minimal-risk regions (listed in Sec. 94.18(a)(3)).
The lists of prohibited items in Sec. 95.4(a)(1) and (a)(2)
include processed animal protein, tankage, offal, and tallow other than
tallow derivatives, unless, in the opinion of the Administrator, the
tallow cannot be used in feed. Also listed are glands and unprocessed
fat tissue derived from ruminants, and derivatives of glands from
ruminants, as well as processed fats and oils, and derivatives of
processed animal protein, tankage, and offal, regardless of the animal
species from which the material was derived.
Further, Sec. 95.4(a)(3) specifies that products containing any of
the materials listed above are prohibited importation from regions
listed in Sec. 94.18(a). In Sec. 95.4(f) and (g) of the January 2005
final rule, however, we added exceptions to the prohibitions set forth
in Sec. 95.4(a) for tallow and offal imported from a BSE minimal-risk
region, provided certain risk-mitigating conditions are met.
However, Sec. 95.4(a)(3), read literally, appears to prohibit the
importation of products containing any of the materials listed in Sec.
95.4(a)(1) or (2), even those products containing materials that are
allowed to be imported from BSE minimal-risk regions. Specifically, the
wording in Sec. 95.4(a)(3) prohibits the importation of ``[p]roducts
containing any of the items listed in paragraphs (a)(1) and (a)(2) of
this section,'' and does not go on to acknowledge that Sec. 95.4(a)
allows for certain exceptions for items from a BSE minimal-risk region.
Our intention, however, was to prohibit the importation of only those
products containing any items that themselves are prohibited
importation under Sec. 95.4(a)(1) and (2). To make clear our intent,
we are rewording Sec. 95.4(a)(3) so that it prohibits the importation
of ``products containing any of the items prohibited importation under
paragraphs (a)(1) and (a)(2) of this section.''
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 95
Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
0
Accordingly, 9 CFR parts 93 and 95 are corrected by making the
following technical amendments:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
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2. Section 93.400 is amended by revising the definition of camelid to
read as follows:
Sec. 93.400 Definitions.
* * * * *
Camelid. All species of the family Camelidae, including camels,
guanacos, llamas, alpacas, and vicunas.
* * * * *
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3. Section 93.405 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. In paragraph (a), by removing the words ``Sec. Sec. 93.418(a),
93.419(a), 93.423(c), and 93.428(d),'' and by adding in their place the
words ``Sec. Sec. 93.423(c) and 93.428(d),''.
0
c. By revising paragraph (a)(4), the introductory text to paragraph
(b)(1), and paragraph (c)(2) to read as set forth below.
Sec. 93.405 Health certificate for ruminants.
(a) * * *
(4) If the ruminants are bovines, sheep, or goats from regions
listed as BSE minimal-risk regions in Sec. 94.18(a)(3) of this
subchapter, the certificate must also include the name and address of
the importer; the species, breed, number or quantity of ruminants to be
imported; the purpose of the importation; individual ruminant
identification, which includes the eartag required under Sec. Sec.
93.419(c) and 93.436(a)(3) and (b)(4) of this subchapter, and any other
identification present on the animal, including registration number, if
any; a description of the ruminant, including age, color, and markings,
if any; region of origin; the address of or other means of identifying
the premises of origin and any other premises where the ruminants
resided immediately prior to export, including the State or its
equivalent, the municipality or nearest city, or an equivalent method,
approved by the Administrator, of identifying the location of the
premises, and the specific physical location of the feedlot or
recognized slaughtering establishment where the ruminants are to be
moved after importation; the name and address of the exporter; the port
of embarkation in the foreign region; and the mode of transportation,
route of travel, and port of entry in the United States.
(b) Goats. (1) In addition to the statements required by paragraph
(a) of this section, the certificate accompanying goats from any part
of the world, except for goats imported from Canada for immediate
slaughter, must state:
* * * * *
(c) * * *
(2) In addition, except for sheep imported from Canada for
immediate slaughter, the certificate accompanying sheep intended for
importation from
[[Page 12997]]
any part of the world except Australia and New Zealand must state that
the sheep have not been in any flock nor had contact with sheep or
goats that have been in any flock or herd where scrapie has been
diagnosed or suspected during the 5 years immediately prior to
shipment.
* * * * *
0
4. Section 93.418 is amended as follows:
0
a. By revising paragraphs (a) and (b)(2)(i), the introductory text of
paragraph (b)(2)(ii), and paragraphs (c)(2)(i) and (c)(2)(iii) to read
as set forth below.
0
b. By removing paragraph (d).
Sec. 93.418 Cattle from Canada.
(a) Health certificates. Cattle intended for importation from
Canada must be accompanied by a certificate issued in accordance with
Sec. 93.405(a). The certificate must state that the cattle have been
inspected and were found to be free from any evidence of communicable
disease and that, as far as can be determined, they have not been
exposed to any such disease during the preceding 60 days. Cattle found
unqualified upon inspection at the port of entry will be refused entry
into the United States.
(b) * * *
(2) * * *
(i) The cattle are imported for immediate slaughter in accordance
with Sec. 93.420; or
(ii) The cattle are imported for movement to a feedlot and then to
slaughter and the certificate accompanying the cattle shows, in
addition to the information required under Sec. 93.405, the breed of
the animal, and:
* * * * *
(c) * * *
(2) * * *
(i) The cattle are imported for immediate slaughter in accordance
with Sec. 93.420;
* * * * *
(iii) The cattle are imported for movement to a feedlot and then to
slaughter and the certificate accompanying the cattle shows, in
addition to the information required under Sec. 93.405, the breed of
the animal, and:
(A) That the cattle are from a brucellosis certified-free herd,
province, or territory; or
(B) The date and place the cattle were last tested for brucellosis;
that the cattle were found negative for brucellosis on such test; and
that such test was performed within 30 days preceding the arrival of
the cattle at the port of entry; or
(C) That the female cattle under 18 months of age were vaccinated
against brucellosis in accordance with Canadian regulations; the date
of such vaccination; the dosage of vaccine used; and the age of each
animal on the date of vaccination.
0
5. Section 93.419 is amended as follows:
0
a. By revising paragraph (a) and the introductory text of paragraph (c)
to read as set forth below.
0
b. By removing paragraph (d)(2).
0
c. By redesignating paragraphs (d)(3) through (d)(8) as paragraphs
(d)(2) through (d)(7), respectively.
0
d. In newly redesignated paragraph (d)(2), by removing the words
``paragraph (d)(8)'' and adding in their place the words ``paragraph
(d)(7)'', and by removing the words ``paragraph (d)(2)'' and adding in
their place the words ``paragraph (c)''.
0
e. In newly redesignated paragraph (d)(5), by removing the words
``paragraph (d)(2)'' and adding in their place the words ``paragraph
(c)''.
Sec. 93.419 Sheep and goats from Canada.
(a) Sheep and goats intended for importation from Canada must be
accompanied by a certificate issued in accordance with Sec. 93.405.
* * * * *
(c) Any sheep or goats imported from Canada must not be pregnant,
must be less than 12 months of age when imported into the United States
and when slaughtered, must be from a flock or herd subject to a
ruminant feed ban equivalent to the requirements established by the
U.S. Food and Drug Administration at 21 CFR 589.2000, and must be
individually identified by an official Canadian Food Inspection Agency
eartag, applied before the animal's arrival at the port of entry into
the United States, that is determined by the Administrator to meet
standards equivalent to those for official eartags in the United States
as defined in Sec. 71.1 of this chapter and to be traceable to the
premises of origin of the animal. No person may alter, deface, remove,
or otherwise tamper with the individual identification while the animal
is in the United States or moving into or through the United States,
except that the identification may be removed at the time of slaughter.
The animals must be accompanied by the certification issued in
accordance with Sec. 93.405 that states, in addition to the statements
required by Sec. 93.405, that the conditions of this paragraph have
been met. Additionally, for sheep and goats imported for other than
immediate slaughter, the certificate must state that the conditions of
paragraph (d)(1) of this section have been met. For sheep and goats
imported for immediate slaughter, the certificate must also state that:
* * * * *
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6. Section 93.436 is amended as follows:
0
a. By revising paragraph (a)(1) to read as set forth below.
0
b. By redesignating paragraphs (a)(3) through (a)(6) as paragraphs
(a)(4) through (a)(7), respectively.
0
c. By adding a new paragraph (a)(3) to read as set forth below.
0
d. By revising newly redesignated paragraph (a)(4) to read as set forth
below.
0
e. By revising paragraph (b)(1) to read as set forth below.
Sec. 93.436 Ruminants from regions of minimal risk for BSE.
(a) * * *
(1) The bovines must be less than 30 months of age and must not be
pregnant when imported into the United States and when slaughtered;
* * * * *
(3) Each bovine must be individually identified by an official
eartag of the country of origin, applied before the animal's arrival at
the port of entry into the United States, that is determined by the
Administrator to meet standards equivalent to those for official
eartags in this chapter and to be traceable to the premises of origin
of the animal. No person may alter, deface, remove, or otherwise tamper
with the official identification while the animal is in the United
States or moving into or through the United States, except that the
identification may be removed at the time of slaughter;
(4) The bovines must be accompanied by a certificate issued in
accordance with Sec. 93.405 that states, in addition to the statements
required by Sec. 93.405, that the conditions of (a)(1) through (a)(3)
of this section have been met;
* * * * *
(b) * * *
(1) The bovines must be less than 30 months of age and must not be
pregnant when imported into the United States;
* * * * *
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
0
10. The authority citation for part 95 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
[[Page 12998]]
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11. In Sec. 95.4, paragraph (a)(3) is revised to read as follows:
Sec. 95.4 Restrictions on the importation of processed animal
protein, offal, tankage, fat, glands, certain tallow other than tallow
derivatives, and serum due to bovine spongiform encephalopathy.
(a) * * *
(3) Products containing any of the items prohibited importation
under paragraphs (a)(1) and (a)(2) of this section.
* * * * *
Done in Washington, DC, this 8th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2406 Filed 3-13-06; 8:45 am]
BILLING CODE 3410-34-P
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-2406.htm
EFSA Scientific Report on the Assessment of the Geographical BSE-Risk (GBR) of the United States of America (USA) Last updated: 19 July 2005 Adopted July 2004 (Question N° EFSA-Q-2003-083) Report Summary Summary of the Scientific Report The European Food Safety Authority and its Scientific Expert Working Group on the Assessment of the Geographical Bovine Spongiform Encephalopathy (BSE) Risk (GBR) were asked by the European Commission (EC) to provide an up-to-date scientific report on the GBR in the United States of America, i.e. the likelihood of the presence of one or more cattle being infected with BSE, pre-clinically as well as clinically, in USA. This scientific report addresses the GBR of USA as assessed in 2004 based on data covering the period 1980-2003. The BSE agent was probably imported into USA and could have reached domestic cattle in the middle of the eighties. These cattle imported in the mid eighties could have been rendered in the late eighties and therefore led to an internal challenge in the early nineties. It is possible that imported meat and bone meal (MBM) into the USA reached domestic cattle and leads to an internal challenge in the early nineties. A processing risk developed in the late 80s/early 90s when cattle imports from BSE risk countries were slaughtered or died and were processed (partly) into feed, together with some imports of MBM. This risk continued to exist, and grew significantly in the mid 90's when domestic cattle, infected by imported MBM, reached processing. Given the low stability of the system, the risk increased over the years with continued imports of cattle and MBM from BSE risk countries. EFSA concludes that the current GBR level of USA is III, i.e. it is likely but not confirmed that domestic cattle are (clinically or pre-clinically) infected with the BSE-agent. As long as there are no significant changes in rendering or feeding, the stability remains extremely/very unstable. Thus, the probability of cattle to be (pre-clinically or clinically) infected with the BSE-agent persistently increases. Publication date: 20 August 2004 http://www.efsa.eu.int/science/tse_assessments/gbr_assessments/573_it.htmlhttp://www.efsa.eu.int/science/tse_assessments/gbr_assessments/573/sr03_biohaz02_usa_report_summary_en1.pdfhttp://www.efsa.eu.int/science/tse_assessments/gbr_assessments/573/sr03_biohaz02_usa_report_v2_en1.pdf[Docket No. 03-025IFA] FSIS Prohibition of the Use of Specified Risk Materials for Human Food and Requirement for the Disposition of Non-Ambulatory Disabled Cattle 03-025IFA 03-025IFA-2 Terry S. Singeltary Page 1 of 17 From: Terry S. Singeltary Sr. [[email protected]] Sent: Thursday, September 08, 2005 6:17 PM To: [email protected]. Subject: [Docket No. 03-025IFA] FSIS Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle Greetings FSIS, I would kindly like to submit the following to [Docket No. 03-025IFA] FSIS Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle THE BSE/TSE SUB CLINICAL Non-Ambulatory Disabled Cattle Broken bones and such may be the first signs of a sub clinical BSE/TSE Non-Ambulatory Disabled Cattle ;
snip...
FULL TEXT ;
http://www.fsis.usda.gov/OPPDE/Comments/03-025IFA/03-025IFA-2.pdf
TSS
[Rules and Regulations]
[Page 12994-12998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr06-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93 and 95
[Docket No. 03-080-9]
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and
Importation of Commodities; Technical Amendments
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendments.
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SUMMARY: In a final rule published in the Federal Register on January
4, 2005, we amended the regulations regarding the importation of
animals and animal products to establish a category of regions that
present a minimal risk of introducing bovine spongiform encephalopathy
into the United States via live ruminants and ruminant products and
byproducts, and added Canada to this category. We also established
conditions for the importation of certain live ruminants and ruminant
products and byproducts from such regions. In this document, we are
clarifying our intent with regard to certain provisions in the final
rule and are correcting several inconsistencies within the rule. These
technical amendments will clarify the regulations.
DATES: Effective Date: These amendments are effective March 14, 2006.
FOR FURTHER INFORMATION CONTACT: For information regarding ruminant
products, contact Dr. Karen James-Preston, Director, Technical Trade
Services, Animal Products, National Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.
For information concerning live ruminants, contact Lee Ann Thomas,
Director, Technical Trade Services, Animals, Organisms and Vectors, and
Select Agents, National Center for Import and Export, VS, APHIS, 4700
River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
In a final rule published in the Federal Register on January 4,
2005 (70 FR 460-553, Docket No. 03-080-3), we amended the regulations
regarding the importation of animals and animal products to establish a
category of regions that present a minimal risk of introducing bovine
spongiform encephalopathy (BSE) into the United States via live
ruminants and ruminant products and byproducts, and we added Canada to
this category. We also established conditions for the importation of
certain live ruminants and ruminant products and byproducts from such
regions.
Following publication of the final rule, it came to our attention
that certain provisions in the rule either did not make clear our
intention or were written in a way that was inconsistent with other
provisions in the rule or with the description of such provisions in
the preamble of the rule. We addressed two of those issues in an
interim rule that was published in the Federal Register and made
effective on November 28, 2005 (70 FR 71213-71218, Docket No. 03-080-
8). In this document, we are clarifying certain other provisions of the
January 2005 final rule, as discussed below.
Certification and Individual Identification of Bovines, Sheep, and
Goats Imported for Immediate Slaughter
In this amendment, we are making clear that live bovines, sheep,
and goats imported from Canada for slaughter in the United States--
whether for immediate slaughter or for feeding and then slaughter--must
be accompanied by a health certificate issued in accordance with Sec.
93.405 of the regulations and be individually identified before the
animal's arrival at the port of entry into the United States.
As established by the January 2005 final rule, Sec. 93.436(a) of
the regulations requires a certificate for bovines imported from BSE
minimal-risk regions for immediate slaughter, and Sec. 93.436(b)
requires a certificate for bovines imported from BSE minimal-risk
regions for feeding and then slaughter. Section 93.419(c) requires a
certificate for sheep and goats imported from BSE minimal-risk regions.
Section 93.405, which contains general requirements for certificates
for ruminants, provides in paragraph (a)(4) that certificates for
bovines, sheep, and goats imported from BSE minimal-risk regions
include, among other information, the name and address of the importer;
the species, breed and number or quantity of ruminants to be imported;
the purpose of the importation; individual ruminant identification and
any other identification present on the animal, including registration
number, if any; a description of the ruminant, including name, age,
color, and markings, if any; the region of origin; the address of or
other means of identifying the premises of origin and any other
premises where the ruminants resided immediately prior to export,
including the State or its equivalent, the municipality or nearest
city, or an equivalent method, approved by the Administrator, of
identifying the location of the premises; the name and address of the
exporter; the port of embarkation in the foreign region; and the mode
of transportation, route of travel, and port of entry in the United
States.
The January 2005 final rule did not amend Sec. 93.405(a), however,
which allowed for exemptions to the certificate requirement as provided
in Sec. 93.418(a) for cattle imported from Canada for immediate
slaughter and as provided in Sec. 93.419(a) for sheep and goats
imported from Canada for immediate slaughter.
The language in Sec. Sec. 93.418(a) and 93.419(a) that exempted
cattle, sheep, and goats imported from Canada for immediate slaughter
from the certification requirements of Sec. 93.405 was included in the
regulations before a BSE-infected cow was diagnosed in Canada in May
2003. It was not removed when BSE was detected in Canada because,
following that detection, no live ruminants were allowed importation
from Canada, which made the exemptions moot. It was our intention to
remove those exemptions once the importation of bovines, sheep, and
goats from Canada was allowed to resume. However, by oversight, we
neglected to remove those exemptions in our January 2005 final rule.
Therefore, in this document, we are amending Sec. Sec. 93.405(a),
93.418(a), and 93.419(a) to do so.
What Must Be Included on the Certification Regarding Sheep and Goats
Imported for Immediate Slaughter
As discussed above, we are making clear in this technical amendment
that sheep and goats imported from Canada for immediate slaughter must
be accompanied by the health certificate required in accordance with
Sec. 93.405. However, only parts of Sec. 93.405 are applicable to
sheep and goats imported from Canada for immediate slaughter.
Paragraphs (b) and (c) of Sec. 93.405 include import conditions with
regard to scrapie that are not applicable to sheep and goats imported
from Canada for immediate slaughter, due to the very restricted
movement of such animals in
[[Page 12995]]
the United States. In this document, we are adding wording to Sec.
93.405(b)(1) and (c)(2) to make clear which sheep and goats those
paragraphs apply to.
Individual Identification
Among the information required on the health certificate under
Sec. 93.405(a)(4) is the individual identification of the animal being
imported from a BSE minimal-risk region. To make the requirement for
individual identification more explicit, in this document we are
amending Sec. Sec. 93.419(c) and 93.436(a)(3) and (b)(4) to specify
that each sheep, goat, and bovine imported from a BSE minimal-risk
region--both those imported for immediate slaughter as well as those
imported for feeding and then slaughter--must be identified before the
animal's arrival at the port of entry into the United States 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 United States as defined in 9 CFR 71.1 and to be
traceable to the premises of origin of the animal. We are also
specifying that no person may alter, deface, remove, or otherwise
tamper with the official eartag while the animal is in the United
States or moving into or through the United States, except that the
identification may be removed at the time of slaughter.
Remove Requirement for Name of Animal on Health Certificate
As noted above, among the information required on the health
certificate under Sec. 93.405(a)(4) of the January 2005 final rule is
the name of the animal. It is not our intent to require the name of the
animal on the health certificate. The wording of Sec. 93.405(a)(4) of
the January 2005 final rule was taken in part from information that is
usually supplied for purebred animals imported for shows or for
breeding. Many animals of this type have been given a name, unlike
ruminants imported for immediate slaughter or for feeding and then
slaughter. Because the January 2005 final rule does not allow the
importation of bovines, sheep, and goats from Canada for shows or
breeding, a requirement that the name of the animal be included on the
health certificate is not necessary or useful. Therefore, consistent
with our intent, we are removing the requirement in Sec. 93.405(a)(4)
that a bovine, sheep, or goat imported from Canada be identified by
name on the health certificate required under Sec. 93.405.
Change to the Heading to Sec. 93.405
Consistent with the content of Sec. 93.405, we are changing the
heading to that section from ``Certificate for ruminants'' to ``Health
certificate for ruminants.''
Reformatting of Sec. 93.418
Section 93.418 of the regulations contains certification
requirements regarding the tuberculosis and brucellosis status of
cattle from Canada. These requirements were in effect before Canada
reported a case of BSE in May 2003. However, from May 2003 until the
January 2005 final rule became effective, the provisions in Sec.
93.418 were moot, because no live cattle were imported from Canada.
With the resumption of the importation of cattle from Canada, and our
making explicit in this technical amendment that all cattle from Canada
must be accompanied by a health certificate in accordance with Sec.
93.405, we are rewording and reformatting Sec. 93.418 to be consistent
with Sec. 93.405 and to remove redundant language.
Paragraph (b) of Sec. 93.418 has required that cattle imported
from Canada for other than immediate slaughter be accompanied by a
certificate issued or endorsed by a salaried veterinarian of the
Canadian Government stating that the cattle meet specified requirements
regarding their tuberculosis status. Similarly, Sec. 93.418(c) has
required that certain cattle imported from Canada for other than
immediate slaughter be accompanied by a certification that the cattle
meet specified requirements regarding their brucellosis status.
As noted above under the heading ``Certification and Individual
Identification of Bovines, Sheep, and Goats Imported for Immediate
Slaughter,'' in this technical amendment we are removing the language
in Sec. 93.418(a) that has said that cattle imported from Canada for
immediate slaughter do not need to be accompanied with the health
certificate required under Sec. 93.405. Consistent with this change to
Sec. 93.418(a), we are rewording Sec. 93.418(b) and (c) to make it
clear that, although all cattle imported from Canada must be
accompanied by a health certificate in accordance with Sec. 93.405,
Sec. 93.418 requires specific information regarding tuberculosis and
brucellosis only for certain cattle (i.e., for cattle other than those
imported for immediate slaughter and, with regard to brucellosis, for
cattle other than steers).
Additionally, in this technical amendment, we are removing Sec.
93.418(d) because its provisions are contained elsewhere in the
regulations. Section 93.418 has contained language requiring that the
health certificate accompanying cattle to the United States indicate
the names of the consignor and consignee, as well as a description of
the cattle to be imported. This language is duplicative of language
contained in Sec. 93.405. Also, Sec. 93.418(d)(3) has required that
the certification accompanying certain cattle from Canada indicate the
dates and places of tuberculosis and brucellosis tests required under
Sec. 93.418(b) and (c). That requirement is duplicative of language
already set forth in Sec. 93.418(b) and (c). Finally, we are removing
the language from Sec. 93.418(d) that says that, for brucellosis
vaccinations required under Sec. 93.418, the required certificate must
indicate the date of vaccination, dosage of vaccine, and age of each
animal, and are including it instead in Sec. 93.418(c).
Certification That Bovines, Sheep, and Goats Are Not Pregnant
Section 93.436 of our January 2005 final rule allows, under certain
conditions, the importation of bovines under 30 months of age and sheep
and goats under 12 months of age. One of the conditions is that the
animals must be imported either for immediate slaughter or for movement
to a feedlot for subsequent movement to slaughter. The final rule does
not allow the importation of breeding cattle and breeding sheep and
goats from BSE minimal-risk regions. This prohibition was discussed in
the preamble (see 70 FR 484-485 and 487), and the rule allows the
importation of bovines, sheep, and goats for slaughter only.
However, the regulatory text of the 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.
We did not intend to allow the importation of pregnant bovines,
sheep, and goats under the final rule. Calves, lambs, and kids born in
the United States from animals imported under the January 2005 final
rule would not have been imported in compliance with the final rule, in
that they would not have been identified as being of Canadian origin by
means of a brand, they would not be individually identified in a way
that is traceable to their herd or flock of origin, and they would not
be specifically covered by a certificate. Further, the importation of
fetal bovine serum (FBS) from BSE minimal-risk regions was not
evaluated for the January 2005 final rule, and the regulations do not
allow the importation FBS from BSE minimal-risk regions. It
[[Page 12996]]
would be inconsistent to prohibit the importation of FBS from BSE
minimal-risk regions, while at the same time allow the importation of
pregnant bovines from whose fetuses FBS could be obtained.
Therefore, we are amending Sec. 93.436(a)(1) and (b)(1) to
prohibit explicitly the importation of pregnant bovines from BSE
minimal-risk regions. Similarly, we are amending Sec. 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). As we
have been requiring since the January 2005 final rule was implemented,
certificates accompanying bovines, sheep, and goats imported from
Canada must state that the animals covered by the certificate are not
pregnant.
Definition of Camelids
In the preamble of the January 2005 final rule, we stated that we
were adding a definition of camelid to Sec. 93.400 to mean all species
in the family Camelidae, including camels, llamas, alpacas, guanacos,
and vicunas. However, in the regulatory text of our rule, we
inadvertently neglected to include guanacos in the definition of
camelid. In this document, we are correcting that oversight by adding
guanacos to the definition of camelid in Sec. 93.400.
Pet Food and Similar Commodities
Paragraphs (a)(1) and (a)(2) of Sec. 95.4 contain lists of
commodities that are prohibited importation from regions listed in
Sec. 94.18(a) unless certain conditions are met. The regions listed in
Sec. 94.18(a) include regions in which BSE is known to exist (listed
in Sec. 94.18(a)(1)), regions that present an undue risk of
introducing BSE into the United States (listed in Sec. 94.18(a)(2)),
and BSE minimal-risk regions (listed in Sec. 94.18(a)(3)).
The lists of prohibited items in Sec. 95.4(a)(1) and (a)(2)
include processed animal protein, tankage, offal, and tallow other than
tallow derivatives, unless, in the opinion of the Administrator, the
tallow cannot be used in feed. Also listed are glands and unprocessed
fat tissue derived from ruminants, and derivatives of glands from
ruminants, as well as processed fats and oils, and derivatives of
processed animal protein, tankage, and offal, regardless of the animal
species from which the material was derived.
Further, Sec. 95.4(a)(3) specifies that products containing any of
the materials listed above are prohibited importation from regions
listed in Sec. 94.18(a). In Sec. 95.4(f) and (g) of the January 2005
final rule, however, we added exceptions to the prohibitions set forth
in Sec. 95.4(a) for tallow and offal imported from a BSE minimal-risk
region, provided certain risk-mitigating conditions are met.
However, Sec. 95.4(a)(3), read literally, appears to prohibit the
importation of products containing any of the materials listed in Sec.
95.4(a)(1) or (2), even those products containing materials that are
allowed to be imported from BSE minimal-risk regions. Specifically, the
wording in Sec. 95.4(a)(3) prohibits the importation of ``[p]roducts
containing any of the items listed in paragraphs (a)(1) and (a)(2) of
this section,'' and does not go on to acknowledge that Sec. 95.4(a)
allows for certain exceptions for items from a BSE minimal-risk region.
Our intention, however, was to prohibit the importation of only those
products containing any items that themselves are prohibited
importation under Sec. 95.4(a)(1) and (2). To make clear our intent,
we are rewording Sec. 95.4(a)(3) so that it prohibits the importation
of ``products containing any of the items prohibited importation under
paragraphs (a)(1) and (a)(2) of this section.''
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 95
Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
0
Accordingly, 9 CFR parts 93 and 95 are corrected by making the
following technical amendments:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
0
2. Section 93.400 is amended by revising the definition of camelid to
read as follows:
Sec. 93.400 Definitions.
* * * * *
Camelid. All species of the family Camelidae, including camels,
guanacos, llamas, alpacas, and vicunas.
* * * * *
0
3. Section 93.405 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. In paragraph (a), by removing the words ``Sec. Sec. 93.418(a),
93.419(a), 93.423(c), and 93.428(d),'' and by adding in their place the
words ``Sec. Sec. 93.423(c) and 93.428(d),''.
0
c. By revising paragraph (a)(4), the introductory text to paragraph
(b)(1), and paragraph (c)(2) to read as set forth below.
Sec. 93.405 Health certificate for ruminants.
(a) * * *
(4) If the ruminants are bovines, sheep, or goats from regions
listed as BSE minimal-risk regions in Sec. 94.18(a)(3) of this
subchapter, the certificate must also include the name and address of
the importer; the species, breed, number or quantity of ruminants to be
imported; the purpose of the importation; individual ruminant
identification, which includes the eartag required under Sec. Sec.
93.419(c) and 93.436(a)(3) and (b)(4) of this subchapter, and any other
identification present on the animal, including registration number, if
any; a description of the ruminant, including age, color, and markings,
if any; region of origin; the address of or other means of identifying
the premises of origin and any other premises where the ruminants
resided immediately prior to export, including the State or its
equivalent, the municipality or nearest city, or an equivalent method,
approved by the Administrator, of identifying the location of the
premises, and the specific physical location of the feedlot or
recognized slaughtering establishment where the ruminants are to be
moved after importation; the name and address of the exporter; the port
of embarkation in the foreign region; and the mode of transportation,
route of travel, and port of entry in the United States.
(b) Goats. (1) In addition to the statements required by paragraph
(a) of this section, the certificate accompanying goats from any part
of the world, except for goats imported from Canada for immediate
slaughter, must state:
* * * * *
(c) * * *
(2) In addition, except for sheep imported from Canada for
immediate slaughter, the certificate accompanying sheep intended for
importation from
[[Page 12997]]
any part of the world except Australia and New Zealand must state that
the sheep have not been in any flock nor had contact with sheep or
goats that have been in any flock or herd where scrapie has been
diagnosed or suspected during the 5 years immediately prior to
shipment.
* * * * *
0
4. Section 93.418 is amended as follows:
0
a. By revising paragraphs (a) and (b)(2)(i), the introductory text of
paragraph (b)(2)(ii), and paragraphs (c)(2)(i) and (c)(2)(iii) to read
as set forth below.
0
b. By removing paragraph (d).
Sec. 93.418 Cattle from Canada.
(a) Health certificates. Cattle intended for importation from
Canada must be accompanied by a certificate issued in accordance with
Sec. 93.405(a). The certificate must state that the cattle have been
inspected and were found to be free from any evidence of communicable
disease and that, as far as can be determined, they have not been
exposed to any such disease during the preceding 60 days. Cattle found
unqualified upon inspection at the port of entry will be refused entry
into the United States.
(b) * * *
(2) * * *
(i) The cattle are imported for immediate slaughter in accordance
with Sec. 93.420; or
(ii) The cattle are imported for movement to a feedlot and then to
slaughter and the certificate accompanying the cattle shows, in
addition to the information required under Sec. 93.405, the breed of
the animal, and:
* * * * *
(c) * * *
(2) * * *
(i) The cattle are imported for immediate slaughter in accordance
with Sec. 93.420;
* * * * *
(iii) The cattle are imported for movement to a feedlot and then to
slaughter and the certificate accompanying the cattle shows, in
addition to the information required under Sec. 93.405, the breed of
the animal, and:
(A) That the cattle are from a brucellosis certified-free herd,
province, or territory; or
(B) The date and place the cattle were last tested for brucellosis;
that the cattle were found negative for brucellosis on such test; and
that such test was performed within 30 days preceding the arrival of
the cattle at the port of entry; or
(C) That the female cattle under 18 months of age were vaccinated
against brucellosis in accordance with Canadian regulations; the date
of such vaccination; the dosage of vaccine used; and the age of each
animal on the date of vaccination.
0
5. Section 93.419 is amended as follows:
0
a. By revising paragraph (a) and the introductory text of paragraph (c)
to read as set forth below.
0
b. By removing paragraph (d)(2).
0
c. By redesignating paragraphs (d)(3) through (d)(8) as paragraphs
(d)(2) through (d)(7), respectively.
0
d. In newly redesignated paragraph (d)(2), by removing the words
``paragraph (d)(8)'' and adding in their place the words ``paragraph
(d)(7)'', and by removing the words ``paragraph (d)(2)'' and adding in
their place the words ``paragraph (c)''.
0
e. In newly redesignated paragraph (d)(5), by removing the words
``paragraph (d)(2)'' and adding in their place the words ``paragraph
(c)''.
Sec. 93.419 Sheep and goats from Canada.
(a) Sheep and goats intended for importation from Canada must be
accompanied by a certificate issued in accordance with Sec. 93.405.
* * * * *
(c) Any sheep or goats imported from Canada must not be pregnant,
must be less than 12 months of age when imported into the United States
and when slaughtered, must be from a flock or herd subject to a
ruminant feed ban equivalent to the requirements established by the
U.S. Food and Drug Administration at 21 CFR 589.2000, and must be
individually identified by an official Canadian Food Inspection Agency
eartag, applied before the animal's arrival at the port of entry into
the United States, that is determined by the Administrator to meet
standards equivalent to those for official eartags in the United States
as defined in Sec. 71.1 of this chapter and to be traceable to the
premises of origin of the animal. No person may alter, deface, remove,
or otherwise tamper with the individual identification while the animal
is in the United States or moving into or through the United States,
except that the identification may be removed at the time of slaughter.
The animals must be accompanied by the certification issued in
accordance with Sec. 93.405 that states, in addition to the statements
required by Sec. 93.405, that the conditions of this paragraph have
been met. Additionally, for sheep and goats imported for other than
immediate slaughter, the certificate must state that the conditions of
paragraph (d)(1) of this section have been met. For sheep and goats
imported for immediate slaughter, the certificate must also state that:
* * * * *
0
6. Section 93.436 is amended as follows:
0
a. By revising paragraph (a)(1) to read as set forth below.
0
b. By redesignating paragraphs (a)(3) through (a)(6) as paragraphs
(a)(4) through (a)(7), respectively.
0
c. By adding a new paragraph (a)(3) to read as set forth below.
0
d. By revising newly redesignated paragraph (a)(4) to read as set forth
below.
0
e. By revising paragraph (b)(1) to read as set forth below.
Sec. 93.436 Ruminants from regions of minimal risk for BSE.
(a) * * *
(1) The bovines must be less than 30 months of age and must not be
pregnant when imported into the United States and when slaughtered;
* * * * *
(3) Each bovine must be individually identified by an official
eartag of the country of origin, applied before the animal's arrival at
the port of entry into the United States, that is determined by the
Administrator to meet standards equivalent to those for official
eartags in this chapter and to be traceable to the premises of origin
of the animal. No person may alter, deface, remove, or otherwise tamper
with the official identification while the animal is in the United
States or moving into or through the United States, except that the
identification may be removed at the time of slaughter;
(4) The bovines must be accompanied by a certificate issued in
accordance with Sec. 93.405 that states, in addition to the statements
required by Sec. 93.405, that the conditions of (a)(1) through (a)(3)
of this section have been met;
* * * * *
(b) * * *
(1) The bovines must be less than 30 months of age and must not be
pregnant when imported into the United States;
* * * * *
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
0
10. The authority citation for part 95 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
[[Page 12998]]
0
11. In Sec. 95.4, paragraph (a)(3) is revised to read as follows:
Sec. 95.4 Restrictions on the importation of processed animal
protein, offal, tankage, fat, glands, certain tallow other than tallow
derivatives, and serum due to bovine spongiform encephalopathy.
(a) * * *
(3) Products containing any of the items prohibited importation
under paragraphs (a)(1) and (a)(2) of this section.
* * * * *
Done in Washington, DC, this 8th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2406 Filed 3-13-06; 8:45 am]
BILLING CODE 3410-34-P
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-2406.htm
EFSA Scientific Report on the Assessment of the Geographical BSE-Risk (GBR) of the United States of America (USA) Last updated: 19 July 2005 Adopted July 2004 (Question N° EFSA-Q-2003-083) Report Summary Summary of the Scientific Report The European Food Safety Authority and its Scientific Expert Working Group on the Assessment of the Geographical Bovine Spongiform Encephalopathy (BSE) Risk (GBR) were asked by the European Commission (EC) to provide an up-to-date scientific report on the GBR in the United States of America, i.e. the likelihood of the presence of one or more cattle being infected with BSE, pre-clinically as well as clinically, in USA. This scientific report addresses the GBR of USA as assessed in 2004 based on data covering the period 1980-2003. The BSE agent was probably imported into USA and could have reached domestic cattle in the middle of the eighties. These cattle imported in the mid eighties could have been rendered in the late eighties and therefore led to an internal challenge in the early nineties. It is possible that imported meat and bone meal (MBM) into the USA reached domestic cattle and leads to an internal challenge in the early nineties. A processing risk developed in the late 80s/early 90s when cattle imports from BSE risk countries were slaughtered or died and were processed (partly) into feed, together with some imports of MBM. This risk continued to exist, and grew significantly in the mid 90's when domestic cattle, infected by imported MBM, reached processing. Given the low stability of the system, the risk increased over the years with continued imports of cattle and MBM from BSE risk countries. EFSA concludes that the current GBR level of USA is III, i.e. it is likely but not confirmed that domestic cattle are (clinically or pre-clinically) infected with the BSE-agent. As long as there are no significant changes in rendering or feeding, the stability remains extremely/very unstable. Thus, the probability of cattle to be (pre-clinically or clinically) infected with the BSE-agent persistently increases. Publication date: 20 August 2004 http://www.efsa.eu.int/science/tse_assessments/gbr_assessments/573_it.htmlhttp://www.efsa.eu.int/science/tse_assessments/gbr_assessments/573/sr03_biohaz02_usa_report_summary_en1.pdfhttp://www.efsa.eu.int/science/tse_assessments/gbr_assessments/573/sr03_biohaz02_usa_report_v2_en1.pdf[Docket No. 03-025IFA] FSIS Prohibition of the Use of Specified Risk Materials for Human Food and Requirement for the Disposition of Non-Ambulatory Disabled Cattle 03-025IFA 03-025IFA-2 Terry S. Singeltary Page 1 of 17 From: Terry S. Singeltary Sr. [[email protected]] Sent: Thursday, September 08, 2005 6:17 PM To: [email protected]. Subject: [Docket No. 03-025IFA] FSIS Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle Greetings FSIS, I would kindly like to submit the following to [Docket No. 03-025IFA] FSIS Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle THE BSE/TSE SUB CLINICAL Non-Ambulatory Disabled Cattle Broken bones and such may be the first signs of a sub clinical BSE/TSE Non-Ambulatory Disabled Cattle ;
snip...
FULL TEXT ;
http://www.fsis.usda.gov/OPPDE/Comments/03-025IFA/03-025IFA-2.pdf
TSS
