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USDA/APHIS RIN: 0579-AC68 Publication ID: Fall 2009 
Title: Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products 
Abstract: This rulemaking would amend the regulations regarding the importation of bovines and bovine products. Under this rulemaking, countries would be classified as either negligible risk, controlled risk, or undetermined risk for bovine spongiform encephalopathy (BSE). Some commodities would be allowed importation into the United States regardless of the BSE classification of the country of export. Other commodities would be subject to importation restrictions or prohibitions based on the type of commodity and the BSE classification of the country. The criteria for country classification and commodity import would be closely aligned with those of the World Organization for Animal Health. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 9 CFR 92 to 96    9 CFR 98   
Legal Authority: 7 USC 450    7 USC 1622    7 USC 7701 to 7772    7 USC 8301 to 8317    21 USC 136 and 136a    31 USC 9701   
Legal Deadline:  None

Statement of Need: We are proposing to amend the regulations after conducting a thorough review of relevant scientific literature and a comprehensive evaluation of the issues and concluding that the proposed changes would continue to guard against the introduction of BSE into the United States, while allowing the importation of additional animals and animal products into this country.

Summary of the Legal Basis: Under the Animal Health Protection Act of 2002 (7 U.S.C. 8301 et seq.), the Secretary of Agriculture is authorized to promulgate regulations to prevent the introduction into the United States or dissemination of any pest or disease of livestock.

Alternatives: We could leave the current bovine regulations unchanged, but maintaining the status quo would not provide an opportunity to apply the latest scientific evidence to our BSE-related import conditions. Another alternative--modifying the BSE regulations related to the importation of bovines and bovine-derived products to precisely match the OIE guidelines without allowing for modification deemed necessary by APHIS--would not allow APHIS to independently interpret the scientific literature or reflect current USDA regulations and policies. Making no changes to the current regulations that govern the importation of cervids and camelids would perpetuate an unnecessary constraint on trade in those commodities, because cervids and camelids pose an extremely low BSE risk.

Anticipated Costs and Benefits: Undetermined.

Risks: APHIS has concluded that the proposed changes would continue to guard against the introduction of BSE into the United States.

Action Date FR Cite
NPRM  12/00/2009    
NPRM Comment Period End  02/00/2010    
Additional Information: Additional information about APHIS and its programs is available on the Internet at
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Christopher Robinson
Senior Staff Veterinarian, Technical Trade Services, National Center for Import and Export, VS
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 40,
Riverdale, MD 20737-1231
Phone:301 851-3300

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