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Statement of Need: This rule is necessary to better ensure effective implementation of ante-mortem inspection pursuant to 21 USC 603(a) and of humane handling requirements pursuant to 21 USC 603(b). This rule is also necessary to make clear that establishments have an affirmative obligation to make FSIS personnel aware when an animal goes down. This regulatory requirement will preclude establishments from attempting to force such animals to rise.

Summary of the Legal Basis: FSIS is proposing this rule under 21 U.S.C 621, which gives FSIS the authority to adopt regulations for the efficient administration of the FMIA. The amendment in this proposal would better ensure effective implementation of ante-mortem inspection pursuant to 21 U.S.C. 603(a) and of humane handling requirements established pursuant to 21 U.S.C 603(b).

Alternatives: This proposed rule is likely to have only minimum economic effects on the beef industry and consumers. Based on the Agency’s 2007 survey data, out of the approximately 33.7 million cattle slaughtered in 2007, FSIS estimates that about 1,300 cattle – about 600 cull cattle (i.e., mostly cows and bulls) and 700 steers and heifers – were in this category. Data from the Agricultural Marketing Service (AMS) indicate that the market value for a cull cattle carcass and parts is between $500 and $1,000, and the market value for a steer or heifer carcass and parts is between $900 and $1,100. Therefore, the estimated total market value of the carcasses and parts from cattle that would be condemned under this proposed rule would be in the range of $930,000 to $1,370,000 per year. If adopted as a final rule, the proposed amendment would benefit both consumers and the beef industry by enhancing public confidence in the U.S. beef supply. This proposed rule would enhance public confidence by eliminating any controversy surrounding the condemnation of cattle that become non-ambulatory disabled after ante-mortem inspection and by preventing the slaughter of cattle that may be unfit for human food. It would also reduce the potential for inhumane handling of non-ambulatory disabled cattle at slaughter operations. This proposed rule would also assist the United States in international trade relations and negotiations by providing greater confidence to those countries that continue to raise questions about American beef. The proposed amendment would increase consumer confidence and U.S. access to overseas markets. Thus, the proposed rule will generally benefit the industry because it would likely lead to higher sales and revenue.

Anticipated Costs and Benefits: Not applicable.

Risks: Not Applicable.