Importation of Animal Products and Byproducts From Countries Where BSE Exists; Removal of Portugal

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]

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