[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Proposed Rules]
[Pages 6454-6456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2588]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 94-107-1]


Switzerland; Change in Disease Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare Switzerland free of rinderpest, 
foot-and-mouth disease, and Exotic Newcastle disease (VVND). As part of 
this proposed action, we would add Switzerland to the lists of 
countries that, although declared free of rinderpest, foot-and-mouth 
disease, and VVND, are subject to restrictions on meat and other animal 
products offered for importation into the United States. Declaring 
Switzerland free of rinderpest, foot-and-mouth disease, and VVND 
appears to be appropriate because the last outbreak of rinderpest in 
Switzerland occurred in 1871, there have been no outbreaks of foot-and-
mouth disease in Switzerland since 1980, and there have been no 
outbreaks of VVND in commercial production since 1989. This proposed 
rule would remove the prohibition on the importation into the United 
States, from Switzerland, of ruminants and fresh, chilled, and frozen 
meat of ruminants, although those importations would be subject to 
certain restrictions. This proposed rule would also relieve certain 
prohibitions and restrictions on the importation, from Switzerland, of 
milk and milk products of ruminants and of certain poultry and poultry 
products.

DATES: Consideration will be given only to comments received on or 
before April 3, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O. 
Drawer 810, Riverdale, MD 20738. Please state that your comments refer 
to Docket No. 94-107-1. Comments received may be inspected at USDA, 
room 1141, South Building, 14th Street and Independence Avenue SW., 
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. Persons wishing to inspect comments are requested to 
call ahead on (202) 690-2817 to facilitate entry into the comment 
reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Kathleen Akin, Senior Staff 
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, P.O. Drawer 810, Riverdale, 
MD 20738. The telephone number for the agency contact will change when 
agency offices in Hyattsville, MD, move to Riverdale, MD, during 
January. Telephone: (301) 436-7830 (Hyattsville); (301) 734-7830 
(Riverdale).

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products in order to prevent the introduction into 
the United States of various animal diseases, including rinderpest, 
foot-and-mouth disease (FMD), and Exotic Newcastle disease (VVND). FMD 
and rinderpest are dangerous and destructive communicable diseases of 
ruminants and swine. VVND is a contagious, infectious, and communicable 
disease of poultry.
    Section 94.1(a)(1) of the regulations provides that rinderpest or 
FMD exists in all countries of the world except those listed in 
Sec. 94.1(a)(2), which have been declared to be free of both diseases. 
Section 94.6(a)(1) of the regulations provides that VVND exists in all 
countries of the world except those listed in Sec. 94.6(a)(2), which 
have been declared to be free of VVND. We will consider declaring a 
country to be free of rinderpest, FMD, and VVND if there have been no 
reported cases of the diseases in that country for at least the 
previous 1-year period and no vaccinations for rinderpest, FMD, or VVND 
have been administered to swine, ruminants, or poultry in that country 
for at least the previous 1-year period.
    The last outbreak of rinderpest in Switzerland occurred in 1871. 
There have been no outbreaks of FMD in Switzerland since 1980, and 
there have been no vaccinations for FMD in Switzerland since January 
1991. There have been no outbreaks of VVND in commercial production 
since 1989. There was an isolated case this year which occurred in a 
backyard flock and is unrelated to the commercial poultry industry. 
Backyard flocks are owned by families for their personal consumption 
and are separate from commercial production. This case included a flock 
of 6 birds located in a remote valley in the Swiss Alps. Based on these 
considerations, the government of Switzerland has requested that the 
United States Department of Agriculture (USDA) declare Switzerland free 
of FMD, rinderpest, and VVND.
    The Animal and Plant Health Inspection Service (APHIS) reviewed 

[[Page 6455]]
    the documentation submitted by the government of Switzerland in support 
of its request, and a team of APHIS officials travelled to Switzerland 
in 1994 to conduct an on-site evaluation of the country's animal health 
program with regard to the rinderpest, FMD, and VVND situation in 
Switzerland. The evaluation consisted of a review of Switzerland's 
veterinary services, laboratory and diagnostic procedures, vaccination 
practices, and administration of laws and regulations intended to 
prevent the introduction of rinderpest, FMD, and VVND into Switzerland 
through the importation of animals, meat, or animal products. The APHIS 
officials conducting the on-site evaluation concluded that Switzerland 
is free of rinderpest, FMD, and VVND. (Details concerning the on-site 
evaluation are available, upon written request, from the person listed 
under FOR FURTHER INFORMATION CONTACT.)
    Therefore, based on the information discussed above, we are 
proposing to amend Sec. 94.1(a)(2) by adding Switzerland to the list of 
countries declared to be free of both rinderpest and FMD. We are also 
proposing to amend Sec. 94.6(a)(2) by adding Switzerland to the list of 
countries declared to be free of VVND. These proposed actions would 
remove the prohibition on the importation, from Switzerland, of 
ruminants and fresh, chilled, and frozen meat of ruminants, and would 
relieve restrictions on the importation, from Switzerland, of milk and 
milk products of ruminants and of poultry and poultry products. 
However, because Switzerland has not been declared free of hog cholera, 
the importation into the United States, from Switzerland, of pork and 
pork products would continue to be restricted under Sec. 94.9 of the 
regulations, and the importation of swine from Switzerland would 
continue to be prohibited under Sec. 94.10. Because Switzerland has not 
been declared free of bovine spongiform encephalopathy (BSE), the 
importation into the United States, from Switzerland, of ruminant meat 
and edible products from ruminants would continue to be restricted 
under Sec. 94.18 of the regulations. Also, for the reasons discussed 
below, we would make the importation of the meat and other animal 
products of ruminants or swine from Switzerland subject to the 
restrictions contained in Sec. 94.11.
    We are proposing to amend Sec. 94.11(a) by adding Switzerland to 
the list of countries that have been declared free of rinderpest and 
FMD but from which the importation of meat and other animal products is 
restricted. The countries listed in Sec. 94.11(a) are subject to these 
restrictions because they: (1) Supplement their national meat supply by 
importing fresh, chilled, or frozen meat of ruminants or swine from 
countries that are designated in Sec. 94.1(a) as infected with 
rinderpest or FMD; (2) have a common land border with a country 
designated as infected with rinderpest or FMD; or (3) import ruminants 
or swine from countries designated as infected with rinderpest or FMD 
under conditions less restrictive than would be acceptable for 
importation into the United States.
    Switzerland supplements its national meat supply by the importation 
of fresh, chilled, and frozen meat of ruminants and swine from 
countries designated in Sec. 94.1(a)(1) as countries in which 
rinderpest or FMD exists. In addition, Switzerland has common land 
borders with Austria, France, Germany, and Italy. Italy is designated 
in Sec. 94.1(a)(1) as a country in which rinderpest or FMD exists. As a 
result, even though Switzerland appears to qualify for designation as a 
country free of rinderpest and FMD, there is the potential that meat or 
other animal products produced in Switzerland may be commingled with 
the fresh, chilled, or frozen meat of animals from a country in which 
rinderpest or FMD exists. This potential for commingling constitutes an 
undue risk of introducing rinderpest or FMD into the United States.
    Therefore, we are proposing that meat and other animal products of 
ruminants or swine, as well as the ship stores, airplane meals, or 
baggage containing such meat or other animal products, offered for 
importation into the United States from Switzerland be subject to the 
restrictions specified in Sec. 94.11 of the regulations and to the 
applicable requirements contained in the regulations of the USDA's Food 
Safety and Inspection Service at 9 CFR chapter III. Section 94.11 
generally requires that the meat and other animal products of ruminants 
or swine be: (1) Prepared in an inspected establishment that is 
eligible to have its products imported into the United States under the 
Federal Meat Inspection Act; and (2) accompanied by an additional 
certification from a full-time salaried veterinary official of the 
national government of the exporting country, stating that the meat or 
other animal product has not been commingled with or exposed to meat or 
other animal products originating in, imported from, or transported 
through a country infected with rinderpest or FMD.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    This proposed rule, if adopted, would amend the regulations in part 
94 by adding Switzerland to the list of countries declared to be free 
of rinderpest and FMD and to the list of countries declared free of 
VVND. This action would remove the prohibition on the importation into 
the United States, from Switzerland, of ruminants and poultry and 
fresh, chilled, and frozen meat of ruminants and poultry, although 
those importations would be subject to certain restrictions. This 
proposed revision would also relieve restrictions on the importation, 
from Switzerland, of milk and milk products of ruminants. This action 
would not relieve certain restrictions on the importation of live swine 
and fresh, chilled, and frozen meat of swine from Switzerland because 
Switzerland is still considered to be affected with hog cholera. 
Similarly, this action would not relieve certain restrictions on the 
importation from Switzerland, of ruminant meat and edible products from 
ruminants because BSE exists in Switzerland.
    Based on available information, the Department does not anticipate 
a major increase in exports of ruminants and fresh, chilled, or frozen 
meat of ruminants or poultry from Switzerland into the United States as 
a result of this proposed rule.
    The primary effects due to the proposed change in the regulations 
would be limited to bovine meat and prepared products, since swine and 
swine products are excluded because of restrictions due to hog cholera, 
live cattle and breeding material are excluded due to BSE, and there is 
no sheep, lamb, or goat production in Switzerland (USDA, National 
Agricultural Statistics Service (NASS), ``Agricultural Statistics,'' 
1993). Commencement of such production is not expected due to the 
proposed regulation change. The impact of increased beef imports 
resulting from the proposed regulation changes would likely be minimal 
because the cattle industry in Switzerland is relatively small and high 
cost compared to the United States domestic market. Cattle inventories 
in Switzerland were estimated to be about 1.78 million head in 1993, 
while U.S. inventories were over 101 million head in 1993 (USDA, 
Foreign Agricultural Service, Switzerland's Annual Livestock Report, 

[[Page 6456]]
August 8, 1994 and USDA, NASS, ``Agricultural Statistics,'' 1993).
    Due to current APHIS restrictions, the United States does not 
import any uncooked meat or meat products from Switzerland. Total meat 
production in the United States in 1992 was just under 18.587 million 
metric tons, while Swiss meat production in 1992 reached approximately 
429,000 metric tons, about 2.3 percent of the United States total 
(USDA, National Agricultural Statistics Service, ``Agricultural 
Statistics,'' 1993). Therefore, even if Switzerland exported a 
significant portion of its meat production exclusively to the United 
States, which is unlikely, the effect of those exports on United States 
domestic prices or supplies would be negligible.
    As with the ruminants and meat products discussed above, the 
Department does not anticipate a major increase in exports of milk and 
milk products from Switzerland into the United States as a result of 
this proposed rule. The importation into the United States of all dairy 
products, except for casein and other caseinates, is restricted by 
quotas. Although the importation of casein into the United States is 
not regulated by quotas, world prices of casein are competitively set. 
The United States does not produce casein, but does import more than 
half of the casein produced in the world. The regulations currently 
allow casein and other caseinates to be imported into the United States 
from countries where rinderpest or FMD exists if the importer has 
applied for and obtained written permission from the Administrator. The 
United States did not import any casein from Switzerland in 1993 (USDA, 
Economic Research Service (ERS), ``Foreign Agricultural Trade of the 
United States: Calendar Year 1993 Supplement,'' 1993). Declaring 
Switzerland free of rinderpest and FMD, thus removing the requirement 
for written permission from the Administrator, is not expected to have 
any effect on the amount of casein imported into the United States from 
Switzerland because the current restrictions do not substantially 
impede imports.
    Imports of poultry and poultry products into the United States from 
Switzerland in 1992 and 1993 fell into two categories: live poultry and 
feathers and down. Total live poultry imports into the United States 
were valued at $14.4 million and $14.5 million in 1992 and 1993, 
respectively. United States live poultry imports from Switzerland were 
valued at $67 thousand and $74 thousand in 1992 and 1993, respectively, 
about 0.5 percent of the total imports. Total United States imports of 
feathers and down were valued at $84 million and $60.1 million in 1992 
and 1993, respectively. United States imports of feathers and down from 
Switzerland were valued at $1.2 million and $0.41 million in 1992 and 
1993, respectively, less than 1.5 percent of the total imports (USDA, 
ERS, ``Foreign Agricultural Trade of the United States: Calendar Year 
1993 Supplement,'' 1993). Also, Switzerland is dependent on imports for 
over 50 percent of domestic poultry consumption. Consequently, proposed 
changes in current regulations concerning VVND are not expected to 
result in increased exports to the United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act
    This proposed 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 would be 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 would continue 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, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 94.1  [Amended]

    2. In Sec. 94.1, paragraph (a)(2) would be amended by adding 
``Switzerland,'' immediately after ``Sweden,''.


Sec. 94.6  [Amended]

    4. In Sec. 94.6, paragraph (a)(2) would be amended by removing 
``and Sweden.'' and adding ``Sweden, and Switzerland.'' in its place.


Sec. 94.11  [Amended]

    5. In Sec. 94.11, paragraph (a), the first sentence would be 
amended by removing ``and Sweden,'' and adding ``Sweden, and 
Switzerland,'' in its place.

    Done in Washington, DC, this 27th day of January 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2588 Filed 2-1-95; 8:45 am]
BILLING CODE 3410-34-P