[Congressional Record Volume 154, Number 113 (Thursday, July 10, 2008)]
[Senate]
[Pages S6562-S6564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JOHNSON (for himself, Mr. Enzi, Mr. Tester, Mr. Barrasso, 
        Mrs. McCaskill, Mr. Domenici, Mr. Dorgan, Mr. Allard, Mr. 
        Salazar, and Mr. Nelson of Nebraska):
  S. 3238. A bill to prohibit the importation of ruminants and swine, 
and fresh and frozen meat and products of ruminants and swine, from 
Argentina until the Secretary of Agriculture certifies to Congress that 
every region of Argentina is free of foot and mouth disease without 
vaccination; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. JOHNSON. Mr. President, I come before the Senate today to discuss 
a critically important issue to the livestock industry in South Dakota 
and across the United States, that being the United States Department 
of Agriculture's, USDA, proposal to regionalize Argentina for Foot-and-
Mouth Disease, or FMD. FMD is a highly contagious and airborne disease 
affecting ruminants and swine. The disease is so destructive that FMD 
is considered to be the most economically devastating of all livestock 
diseases, according to the American Veterinary Medical Association. An 
outbreak in Great Britain in 2001, for example, cost the economy nearly 
$20 billion and led to the slaughter of over 6 million animals. It is 
with concern for the health and viability of our domestic cattle, 
sheep, and swine farmers and ranchers that Senator Enzi joins me today 
in introducing legislation to stop this fundamentally flawed proposal.
  This legislation enjoys significant organizational support from our 
livestock sector, including the American Sheep Industry Association, 
the South Dakota Cattlemen's Association, R-CALF, the South Dakota 
Stockgrowers Association, the U.S. Cattlemen's Association, the 
National Farmers Union, the Western Organization of Resource Councils, 
and Dakota Rural Action. As a highly credible scientific and veterinary 
entity, a poll was take within the National Assembly of State Animal 
Health Officials, NASAHO, and an overwhelming majority of respondents 
are opposed to regionalization of Argentina for FMB. Our South Dakota 
State Veterinarian and the President of NASAHO, Dr, Sam Holland, has 
been invaluable during this process and I thank him for his guidance 
and extensive expertise on this issue. The majority of veterinarians 
within NASAHO oppose regionalizing for FMD for a variety of reasons, 
and Dr. Holland relayed the following causes of concern from State 
veterinarians for USDA's proposed rule: Economic benefits do not 
justify the tremendous risk. Inability to effectively monitor risk. 
Resources, biosecurity, and experience in monitoring freedom are 
inadequate. Regionalization for one of the world's most highly 
contagious virus disease, FMD, is much more complicated than 
regionalization for tuberculosis, brucellosis and many other diseases. 
FMD virus is not only arguably the most contagious virus known for 
animals, but also is particularly resilient in the environment and may 
persist in fomites and be transmitted by such through aerosol or 
contact. Argentina has not experienced an extended timeframe of several 
years of FMD freedom.
  This bill would prohibit the importation of ruminants and swine and 
fresh or frozen ruminant and pork products from any region of Argentina 
until the United States Department of Agriculture can certify to 
Congress that Argentina is free of Foot and Mouth Disease without 
vaccination. While regionalization may be a viable option for other 
livestock diseases, the extremely contagious nature and significant 
economic impact of FMD dictates that we must treat countries as a 
whole, and that a country must demonstrate its ability to remain free 
of FMD. While the USDA is moving to set a precedent with this rule 
regarding its protocol for FMD, this bill is a common sense response 
that USDA's proposal is simply not good policy for American ranchers 
and farmers and for our domestic livestock herds.
  Mr. ENZI. To my friend from South Dakota, I ask whether this 
legislation would interfere with the current status of trade with 
product from countries with a presence of FMD?
  Mr. JOHNSON. My friend from Wyoming raises an excellent question and 
I'm pleased to answer it. It is not our intention or the effect of this 
bill to disrupt the status quo, and our legislation would leave the 
current state of trade intact. Our Code of Federal Regulations allows 
for the importation of certain dried, cured or cooked product from 
countries with a known presence of FMD. This bill will only prohibit 
product that poses a risk for disease transmission, including fresh, 
chilled or frozen, product or live animals.
  Mr. ENZI. Another point of clarification would be why it is necessary 
to specify that no product or live animals should be imported until 
Argentina is free of FMD without vaccination. Can the Senator from 
South Dakota also discuss the intention of that prerequisite?
  Mr. JOHNSON. The Johnson-Enzi bill mandates that Argentina's FMD-free 
status must be achieved without vaccination. This is the acceptable 
standard for trade and also ensures that the disease is truly 
eradicated from the herd, and not suppressed or hidden. While this one 
region in Argentina is thought to be FMD free, this one region within 
Argentina and Argentina as a whole is surrounded by the presence of 
FMD, while the United States has been free of FMD since 1929 and is 
free of FMD without vaccination. Additionally, the United States shares 
borders with our FMD-free neighbors, who are certified as free without 
vaccination.
  As discussed by NASAHO, Argentina has, quite simply, failed to remain 
free of FMD for any length of time, which is a basic component to 
proving the continuity and adequacy of Argentina's infrastructure. As 
recently as 2001, Argentina experienced an FMD outbreak that it failed 
to report for months. This raises serious questions about Argentina's 
approach to communication about this disease in the future, and I don't 
feel that these questions have been adequately answered at this time.
  I thank Senator Enzi and the organizations who have dedicated their 
time and support for this measure, and I will continue to work with my 
colleague from Wyoming in the best interest of our American farmers and 
ranchers.

[[Page S6563]]

  Mr. ENZI. I am pleased to support this bill with my colleague from 
South Dakota. My friend has done an excellent job of explaining how 
this legislation is an important safeguard for our livestock producers, 
and I would like to add a few comments about the continued need for 
vigilance when it comes to animal health threats. A wide range of 
veterinary professionals and livestock producers recognize the threat 
that Foot-and-Mouth Disease poses to the U.S. livestock industry. If 
the United States is to continue producing and selling the highest 
quality meat products in the world, our country must be free of the 
most dangerous ailments that affect the livestock which enter the 
market.
  The economic threat Foot-and-Mouth Disease poses to our country 
cannot be underestimated. Disease outbreaks threaten the livelihood of 
our nation's ranchers and undermine foreign markets for our meat 
products. One can only look to the economic damage Foot-and-Mouth 
Disease caused to Britain in 2001 to gauge how significant this threat 
is to the United States. The highly contagious nature of this disease 
and the growing international trade of livestock equate the 
regionalization of Foot-and-Mouth Disease in Argentina to mixing fire 
with gasoline. I am glad that my colleague mentioned how Foot-and-Mouth 
Disease is unique and that regionalization would not work with this 
disease as it has with other animal ailments.
  Our cattle, sheep, and swine already face a number of animal health 
challenges and now is not the time to open up our country to new 
diseases. Requiring Argentina to be FMD free without using vaccination 
is not asking too much. This is the same condition the United States 
and our neighbors already operate under in the trade of livestock. This 
bill, respected by a large number of state veterinary officials, 
recognizes this threat and ensures that the proper safeguards remain in 
place to prevent Foot-and-Mouth Disease from reaching our shores.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

                                S. 3238

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foot and Mouth Disease 
     Prevention Act of 2008''.

     SEC. 2. PROHIBITION ON IMPORTATION OF ARGENTINE RUMINANTS AND 
                   SWINE UNTIL ARGENTINA IS FREE OF FOOT AND MOUTH 
                   DISEASE WITHOUT VACCINATION.

       The Secretary of Agriculture shall prohibit the importation 
     into the United States of any ruminant or swine, or any fresh 
     (including chilled or frozen) meat or product of any ruminant 
     or swine, that is born, raised, or slaughtered in Argentina 
     until the Secretary certifies to Congress that every region 
     of Argentina is free of foot and mouth disease without 
     vaccination.
                                  ____

                                                     July 7, 2008.
     Hon. Tim Johnson,
     Senate Committee on Banking, Housing and Urban Affairs, 
         Washington, DC.
     Hon. Mike Enzi,
     Senate Committee on Banking, Housing and Urban Affairs, 
         Washington, DC.
       Dear Senators Johnson and Enzi: The American Sheep Industry 
     Association, (ASI) on behalf of the 70,000 farm and ranch 
     families producing lamb and wool in the United States, 
     strongly supports your legislation regarding sheep and meat 
     imports from Argentina.
       This legislation is absolutely critical to the future of a 
     healthy sheep industry in America.
       In fact, the proposal to regionalize trade in live sheep 
     and sheep meat drove industry concerns and questions about 
     the trade and disease risks to point that this is a top issue 
     of the state and national associations of the sheep industry.
       We commit our support for approval of this legislation and 
     commend your leadership in addressing appropriate livestock 
     and meat trade standards on behalf of the nation's livestock 
     industry.
           Sincerely,
                                                  Burdell Johnson,
     ASI President.
                                  ____



                 UNITED STATES CATTLEMEN'S ASSOCIATION
                   P.O. Box 339--San Lucas, CA 93954

       USCA (July 10, 2008)--The U.S. Cattlemen's Association 
     (USCA) today hailed the introduction of legislation in the 
     U.S. Senate that would block meat shipments from Argentina 
     until that country is free of Foot and Mouth Disease (FMD), 
     an airborne livestock disease that is devastating to 
     livestock production.
       Senator Tim Johnson (D-SD) and Senator Mike Enzi (R-WY) 
     introduced the Foot and Mouth Disease Prevention Act of 2008, 
     which would add common sense to a proposal by the U.S. 
     Department of Agriculture (USDA) that would allow importation 
     of Argentine fresh and prepackaged beef, lamb and other meat 
     from select regions of Argentina, as well as live animals.
       ``Cattlemen from across the country appreciate Senator 
     Johnson and Senator Enzi along with the other co-sponsors of 
     this important legislation,'' said Jon Wooster, a California 
     rancher and USCA president. ``We're calling it the `Keep 
     America FMD-Free bill'.''
       Wooster explained that an outbreak of FMD within the U.S. 
     cattle industry would bring livestock commerce to a 
     standstill overnight and would likely result in the 
     depopulation of millions of cattle, hogs, lambs, goats and 
     wildlife.
       The American Veterinary Medical Association has deemed FMD 
     the most economically devastating of all livestock disease. A 
     recent study by Kansas State University found that an 
     outbreak of FMD would cost the State of Kansas alone nearly 
     $1 billion.
       ``Despite the risks, the Department of Agriculture 
     continues to consider the implementation of a regionalized 
     beef trade plan with Argentina,'' noted Wooster. ``FMD is an 
     airborne disease that will not stop at an imaginary border 
     controlled by a foreign nation. Argentina has proven time and 
     time again that it does not have America's best interests at 
     heart. This is a country that has attacked U.S. agriculture 
     in the World Trade Organization (WTO) and has intentionally 
     turned its back on, and still refuses to pay, billions in 
     U.S. loans despite U.S. court judgments mandating it do so.'' 
     .
       Senators Tim Johnson (D-SD) and Mike Enzi (R-WY) along with 
     Senators Jon Tester (D-MT), John Barrasso (R-WY), Claire 
     McCaskill (D-MO), Pete Domenici (R-NM), Byron Dorgan (D-ND), 
     Ken Salazar (D-CO), and Wayne Allard (R-CO) are co-sponsors 
     of the Foot and Mouth Disease Prevention Act of 2008. USCA 
     has worked diligently to maintain import standards that will 
     keep the U.S. cattle industry on the offensive rather than 
     the defensive when it comes to controlling the introduction 
     of foreign animal disease into the U.S.
       ``We will continue to work on moving this bill forward by 
     adding co-sponsors and garnering support both on Capitol Hill 
     and in the country. USCA is firmly resolved to ensuring the 
     U.S. cattle industry is protected by the highest import 
     standards possible, and to seeing that the `Keep America FMD-
     Free' bill becomes law,'' said Wooster.
                                  ____



                                       National Farmers Union,

                                    Washington, DC, July 10, 2008.
     Hon. Tim Johnson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Johnson: On behalf of the family farmers, 
     ranchers and rural residents of National Farmers Union (NFU), 
     I write in strong support of your legislation to prohibit the 
     importation of Argentine ruminants, swine, fresh and frozen 
     meat, and products from ruminants and swine until the U.S. 
     Department of Agriculture (USDA) Secretary certifies the 
     country Foot and Mouth Disease (FMD) free. I applaud your 
     leadership to ensure all measures are employed to protect the 
     American livestock industry and consumer confidence in our 
     meat supply.
       The ban proposed in your legislation is necessary in order 
     to prevent jeopardizing our own efforts to eradicate 
     livestock diseases, and thereby protecting the food supply. 
     Your legislation enhances food safety through requiring every 
     region of Argentina to be FMD-free without vaccination before 
     exporting ruminants, swine and meat products to the United 
     States.
       FMD is a highly infectious virus that, if introduced into 
     the United States, could contaminate entire herds and leave 
     producers in financial ruin, as infected herds must be culled 
     to prevent the spread of the disease. FMD is so devastating 
     the American Veterinary Medical Association considers it to 
     be the most economically destructive of all livestock 
     diseases. The United States suffered nine outbreaks of FMD in 
     the early twentieth century, but has been FMD-free since 
     1929. According to USDA's Animal and Plant Health Inspection 
     Service, the economic impacts of a re-occurrence of FMD in 
     the United States could cost the economy billions of dollars 
     in the first year alone.
       America's family farmers and ranchers produce the safest, 
     most abundant food supply in the world. FMD presents a very 
     real threat to American agriculture and its introduction into 
     the United States can and must be prevented. Requiring a 
     country like Argentina, with such an apparent problem with 
     this devastating disease, to prove FMD-free status is an 
     acceptable standard to trade. Opening our borders to 
     Argentine ruminant products is a risk that American producers 
     simply cannot afford. Your legislation is needed to ensure 
     harmful products are not allowed into the United States and 
     that Argentina is not an exception to the rule.
       I thank you for introducing this important legislation, and 
     look forward to working with you to ensure its passage.
           Sincerely,
                                                         Tom Buis,
                                President, National Farmers Union.

[[Page S6564]]

     
                                  ____
                                        R-CALF United Stockgrowers


                                                   of America,

                                       Billings, MT, July 3, 2008.
     Hon. Tim Johnson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Johnson, On behalf of the thousands of cattle-
     producing members of R-CALF USA located throughout the United 
     States, we greatly appreciate and strongly support your 
     legislation to prohibit the importation of certain animals 
     and animal products from Argentina until every region of 
     Argentina is free of foot and mouth disease without 
     vaccination.
       Foot and mouth disease (FMD) is recognized internationally 
     as one of the most contagious diseases of cloven-hoofed 
     animals and it bears the potential to cause severe economic 
     losses to U.S. cattle producers. Your legislation recognizes 
     that the most effective prevention measure against this 
     highly contagious disease is to ensure that it is not 
     imported into the United States from countries where FMD is 
     known to exist or was recently detected.
       R-CALF USA stands ready to assist you in building both 
     industry and congressional support for this important, 
     disease-prevention measure. Thank you for initiating this 
     needed legislation to protect the U.S. cattle industry from 
     the unnecessary and potentially dangerous exposure to FMD 
     from Argentinean imports.
           Sincerely,
                                                 R.M. Thornsberry,
     President, R-CALF USA Board of Directors.
                                  ____

                                                      South Dakota


                                      Cattlemen's Association,

                                        Pierre, SD, July 10, 2008.
     Senator Tim Johnson,
     Hart Senate Office Building,
     Washington, DC
     Senator Mike Enzi,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senators Johnson and Enzi: I am writing on behalf of 
     the 1,000 beef producer members of the South Dakota 
     Cattlemen's Association (SDCA) to express support for the 
     Foot and Mouth Disease Prevention Act of 2008. SDCA supports 
     free and fair trade based on OIE standards that will protect 
     the health of our cattle herd and the economic livelihood of 
     our cattlemen.
       Our top trade priority is to regain market access for U.S. 
     beef in order to recapture the lost value of exports that 
     occurred after the occurrence of BSE in 2003. To that end, 
     we've worked closely with elected and regulatory officials to 
     ensure adequate measures are taken to protect our herd health 
     and maintain consumer confidence in U.S. beef.
       In light of numerous unanswered questions regarding the 
     status of Foot and Mouth Disease in Argentina, we believe 
     passage of the Foot and Mouth Disease Prevention Act is 
     critical to ensure this devastating disease doesn't enter the 
     U.S. cattle herd through the importation of Argentine cattle 
     and beef products. We commend your willingness to stand up 
     for South Dakota's beef producers and look forward to working 
     with you on this important issue.
           Regards,
                                                    Jodie Hickman,
     Executive Director.
                                  ____



                                   South Dakota Farmers Union,

                                Huron, South Dakota, July 9, 2008.
     Hon. Tim Johnson,
     U.S. Senate,
     Washington, DC.
       Dear Senator Johnson: On behalf of the family farmers and 
     ranchers of the South Dakota Farmers Union (SDFU), I write to 
     express support of your legislation The Foot and Mouth 
     Disease Prevention Act of 2008 to require the U.S. Department 
     of Agriculture (USDA) to prevent the importation of livestock 
     from Argentina until the USDA can certify that Argentina is 
     free of Foot and Mouth Disease (FMD) without vaccination.
       As you know, the possibility of the importing live animals 
     and fresh meat with FMD would put our herds at risk and cause 
     an economic hardship for our producers. The devastation that 
     FMD can cause was seen first hand in England in 2001. SDFU 
     fears that a similar situation would have severe economic 
     consequences not only for producers in our state but 
     nationwide. Your legislation is a proactive measure that will 
     insure that this does not occur. As a result, until USDA 
     certifies that Argentina is free of FMD, the importation of 
     live stock and meat product should not be allowed. We owe it 
     to both producers and consumers to protect their livestock 
     herd and provide a safe food product.
       SDFU fully supports your legislation to require USDA to 
     certify Argentina free of FMD. I look forward to working with 
     you and your colleagues for a quick passage of this important 
     legislation to help protect American livestock producers and 
     consumers.
           Sincerely,
                                                      Doug Sombke,
                                                        President.
                                 ______