[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11486]
[[Page Unknown]]
[Federal Register: May 12, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 93-149-2]
Importation of Animal Products and Byproducts From Countries
Where BSE Exists; Removal of Portugal
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending our regulations by removing Portugal from the
list of countries where bovine spongiform encephalopathy exists.
Portugal had been added to the list in December 1993 after the disease
was diagnosed in cattle in that country. We are now removing Portugal
from the list of countries where bovine spongiform encephalopathy
exists because epidemiological investigations have revealed that the
cattle in which the disease was detected had been imported into
Portugal from Great Britain, and that all suspect animals were
destroyed. This action will relieve certain prohibitions or
restrictions on the importation of certain fresh, chilled, and frozen
meat, and certain other animal products and animal byproducts derived
from ruminants that have been in Portugal.
EFFECTIVE DATE: May 27, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. John W. Cougill, Staff
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 759, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7834.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 94 and 95 (referred to below as the
regulations) govern the importation of meat, animal products, animal
byproducts, hay, and straw into the United States in order to prevent
the introduction of various animal diseases, including bovine
spongiform encephalopathy (BSE).
BSE is a neurological disease of bovine animals and other
ruminants. The disease is not known to be contagious. The major means
of spread of BSE appears to be through the use of ruminant feed
containing protein and other products from ruminants infected with BSE.
Therefore, BSE could become established in the United States if
materials carrying the BSE agent, such as certain meat, animal
products, or animal byproducts derived from ruminants in countries in
which BSE exists, were imported into the United States and fed to
ruminants.
Sections 94.18 and 95.4 of the regulations prohibit or restrict the
importation of certain meat, animal products, and animal byproducts
derived from ruminants that have been in countries in which BSE exists,
and Sec. 96.2(b) prohibits the importation of ruminant casings from
countries in which BSE exists. Those countries are listed in Sec. 94.18
of the regulations.
In an interim rule published in the Federal Register on December
13, 1993 (58 FR 65103-65104, Docket No. 93-149-1) and effective on
December 7, 1993, we amended the regulations by adding Portugal to the
list of countries where BSE exists after the disease was detected in
cattle in Portugal.
We solicited comments concerning the interim rule for a 60-day
comment period ending February 11, 1994. We received three comments by
that date, all of which opposed the interim rule. The comments were
sent by a representative of a U.S. trade association, a U.S.
manufacturer, and a representative of the Commission of the European
Communities. Two of the commenters opposed the interim rule because of
its effect on the importation of certain animal products from Portugal;
the third commenter urged us to consider updated information regarding
Portugal's epidemiological investigation of the situation.
A report from the Portuguese Ministry of Agriculture to the Office
of International Epizootics and the European Economic Union stated that
BSE had been detected in one cow and suspected in three other cows, all
of which had been imported into Portugal from Great Britain, where BSE
is known to exist. This report led to our December 1993 interim rule
adding Portugal to the list of countries where BSE is known to exist.
Subsequent epidemiological investigations conducted by Portuguese
veterinary officials revealed that the infected animal, an 8-year-old
Holstein-Friesian cow, was born in Great Britain in 1984 and imported
into Portugal from Great Britain in 1987. The affected cow and the
three suspect cows were destroyed and the premises placed under
quarantine and official control throughout the epidemiological
investigation. There have been no reports of any additional animals in
Portugal being affected with BSE.
In the course of their investigation, Portuguese veterinary
officials established that no rendered products of animal origin were
ever imported for animal feed. In February 1990, the Portuguese
Government prohibited the importation of live cattle and all raw
materials and byproducts of animal origin from Great Britain, Northern
Ireland, and the Republic of Ireland. Additionally, all livestock in
Portugal, both domestic and imported, are subject to official
supervision and veterinary controls established at the national level.
These veterinary controls include an official registry system, animal
identification, and monitoring of all animal movement. Diagnostic
capabilities for BSE are available at national veterinary laboratories
in Lisbon and Porto.
Therefore, based on the comments received, on the epidemiological
information provided by Portuguese veterinary officials, and on the
results of our continuing study of the situation described in the
December 1993 interim rule, we are removing Portugal from the list of
countries where BSE is known to exist.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Prompt implementation is needed to relieve unnecessary restrictions
on the importation of certain fresh, chilled, and frozen meat, and
certain other animal products and animal byproducts derived from
ruminants that have been in Portugal. With these restrictions lifted,
U.S. importers will be able to resume their importation of the animal
products and animal byproducts described above. Portuguese producers
and exporters that had been denied these U.S. markets by our December
1993 interim rule will be able to resume their business with the United
States.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review process required by Executive Order 12866.
The provisions of this rule will not have a significant economic
impact. The December 1993 interim rule that placed Portugal on the list
of countries in which BSE exists had the effect of restricting the
importation of some animal products and prohibiting the importation of
others. Natural sausage casings were the only affected commodity that
had been imported from Portugal in quantities sufficient to cause any
economic impact.
This rule will remove the prohibition on the importation of natural
sausage casings of ruminant origin from Portugal. About 20 small U.S.
entities had been importing natural sausage casings from Portugal prior
to the December 1993 interim rule. None of the companies had been
totally dependent on Portugal for sausage casings, as Portugal supplied
only 2.5 percent of natural sausage casings imported into the United
States. This rule will have a negligible economic impact on these small
entities. Additionally, price and competition in the United States will
not be affected.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 94 is amended as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, and 134f; 31 U.S.C.
9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 94.18, paragraph (a) is revised to read as follows:
Sec. 94.18 Ruminant meat and edible products from ruminants that have
been in countries where bovine spongiform encephalopathy exists.
(a) Bovine spongiform encephalopathy exists in the following
countries: France, Great Britain, Northern Ireland, the Republic of
Ireland, Oman, and Switzerland.
* * * * *
Done in Washington, DC, this 5th day of May 1994.
Lonnie J. King.
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-11486 Filed 5-11-94; 8:45 am]
BILLING CODE 3410-34-P