Tag Archives BSE

The Ranchers-Cattlemen Action Legal Fund (R-CALF USA) sent a December 10, 2012, letter to the U.S. Department of Agriculture (USDA) requesting the immediate suspension of imports of ruminants and ruminant products from Brazil after the country notified the World Organization for Animal Health (OIE) about a confirmed case of bovine spongiform encephalopathy (BSE) detected in a 13-year-old cow that died two years ago. R-CALF USA also asked that the suspension “remain in place until [the] agency conducts a thorough and probing investigation to determine the risk of introducing BSE into the U.S. from Brazil,” and noted that “should [the agency] choose to resume such imports from Brazil, [it] must first initiate a public rulemaking with notice and opportunity for comment.” According to an R-CALF USA press release, Brazilian officials in early 2011 subjected the cow to one of two primary tests for mad cow diseas —a histopathological test—that indicated the…

The Food and Drug Administration (FDA) recently published a notice seeking “any industry organizations interested in participating in the selection of a nonvoting industry representative to the Transmissible Spongiform Encephalopathies Advisory Committee [TSEAC].” Organizations that wish to participate in the selection of this nonvoting member should submit a letter stating their interest to FDA by October 18, 2012. The agency has also requested nominations for the post by the same date. FDA has charged TSEAC with reviewing and evaluating “the available scientific data concerning the safety of products which may be at risk for transmission of spongiform encephalopathies having an impact on the public health.” The committee includes 15 voting members “knowledgeable in the fields of clinical and administrative medicine, hematology, virology, neurovirology, neurology, infectious diseases, immunology, transfusion medicine, surgery, internal medicine, biochemistry, biostatistics, epidemiology, biological and physical sciences, sociology/ethics, and other related professions.” See Federal Register, September 18, 2012.

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has extended until June 14, 2012, the comment period for a proposed rule that would amend regulations governing the importation of live bovines and other animal products with regard to bovine spongiform encephalopathy (BSE). Under the proposed rule, APHIS would adopt World Organization for Animal Health criteria that identify a country’s BSE risks as negligible, controlled or undetermined, bringing U.S. import regulations in line with international health standards. APHIS has pushed back the deadline to allow “interested persons additional time to prepare and submit comments.” Additional details about the proposed rule appear in Issue 432 of this Update.

The U.S. Department of Agriculture (USDA) has issued a statement confirming that its Animal and Plant Health Inspection Service identified a case of bovine spongiform encephalopathy (BSE) in a dairy cow from central California. According to the April 24, 2012, news release, the cow presented with an atypical type of BSE “not generally associated with an animal consuming infected feed” and was never destined for human consumption. “The United States has had longstanding interlocking safeguards to protect human and animal health against BSE,” said USDA Chief Veterinary Officer John Clifford, adding that milk does not transmit BSE. “For public health, these measures include the USDA ban on specified risk materials, or SRMs, from the food supply. SRMs are parts of the animals that are most likely to contain the BSE agent if it is present in the animal. USDA also bans all nonambulatory (sometimes called ‘downer’) cattle from entering the…

The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has issued a 66-page proposed rule that would update import rules for bovine spongiform encephalopathy (BSE). The topic was discussed in Issue 427 of this Update. Current U.S. trade rules prohibit beef imports from countries that have outbreaks or high risks of BSE, commonly known as mad cow disease. Under the proposal, APHIS would adopt criteria used by the World Organization for Animal Health (OIE) that identify a country’s BSE risks as negligible, controlled or undetermined. Basing its import policy for a particular country on that country’s risk classification, APHIS would also conduct its own assessment, such as when a country is not yet classified by the OIE for BSE risk and requests APHIS to conduct a risk evaluation using OIE criteria. Countries would be considered an undetermined BSE risk unless officially recognized as negligible or controlled. Calling…

The U.S. Department of Agriculture (USDA) has published its semiannual regulatory agenda outlining measures currently under development for 2012. Among the agenda items are proposed revisions to the rules that govern “certain genetically engineered organisms [GMOs] in order to bring the regulations into alignment with provisions of the Plant Protection Act.” Billed as the first comprehensive review of these regulations since 1987, the undertaking would apparently take into account the agency’s accumulated rulemaking experience as well as “advances in genetic science and technology.” USDA thus anticipates that any rule changes will affect “persons involved with the importation, interstate movement, or release into the environment of genetically engineered plants and certain other [GMOs].” In addition, the agenda includes modifications to the rules governing the importation of livestock and poultry at risk of transmitting bovine spongiform encephalopathy (BSE) or highly pathogenic avian influenza. In particular, USDA has suggested (i) amending BSE regulations…

A World Trade Organization (WTO) panel has issued a ruling against the United States in a dispute with Mexico and Canada over country-of-origin labeling (COOL) regulations for beef and pork products. According to the November 18, 2011, panel report, Canada and Mexico filed complaints arguing that U.S. COOL regulations enacted in 2008 afford “imported livestock treatment less favorable than that accorded to like domestic livestock.” In addition to labeling requirements, the regulations evidently required the segregation of imported livestock before processing, as well as ear tags certifying that the cattle are free of bovine spongiform encephalopathy. Although the WTO panel reportedly affirmed the right of the United States to enact COOL regulations, it found that the specific requirements provided less favorable treatment to Canadian and Mexican livestock. “Additionally, the panel determined that the U.S. COOL requirements fail to fulfill their consumer information objective because the information included on the labels…

U.S. attorneys in New York have filed a complaint against three veal producers for allegedly exporting meat containing vertebral column to Japan, which had just reopened its borders to U.S. imports after a two-year ban over a bovine spongiform encephalopathy (“mad cow”) scare. United States v. Atl. Veal & Lamb LLC, No. 11-1034 (E.D.N.Y., filed March 3, 2011). Under U.S.-Japan trade agreements, beef and beef products cannot contain vertebral column, and when Japanese inspectors discovered the breach, it immediately again closed its borders to U.S. beef imports, allegedly costing the U.S. livestock, beef and meat industry “at least $500 million in losses.” The prosecutors seek to enjoin the defendants from violating U.S. Department of Agriculture regulations and allege that unless enjoined, the companies “will continue to sell and offer for transportation in commerce misbranded meat and meat food products for human consumption abroad that fail to comply with [export verification]…

The Food and Drug Administration (FDA) has announced a meeting of the Transmissible Spongiform Encephalopathies Advisory Committee, which reviews and evaluates available scientific data concerning the safety of products that might transmit spongiform encephalopathies such as Creutzfeldt-Jakob disease and the bovine variant commonly known as mad cow disease. Agenda items for the October 28-29, 2010, meeting in Gaithersburg, Maryland, include (i) “FDA’s risk assessment for potential exposure to the variant Creutzfeldt-Jakob disease (vCJD) agent in U.S.-licensed plasma-derived Factor VIII” and (ii) “labeling of blood and blood components and plasma-derived products, including plasma-derived albumin and products containing plasma-derived albumin, to address the possible risk of transmission of vCJD.” The committee will also discuss ways to reduce transmission risks and hear updates on the “development of devices to remove transmissible spongiform encephalopathy agents from blood components and chronic wasting disease.” FDA requests written comments by October 21, 2010. See Federal Register, September…

Food Standards Australia and New Zealand (FSANZ) has lifted a nine-year ban on imported beef and beef products, implementing a new policy that requires export countries to undergo a risk assessment for bovine spongiform encephalopathy (BSE). According to FSANZ, “certain beef and beef products may be imported from countries that apply and are assessed by Australian authorities as being able to demonstrate they have in place, and appropriately monitor, controls necessary to ensure that beef and beef products exported to Australia are derived from animals free of BSE.” Australian regulators will also conduct in-country inspections when warranted. The policy uses the BSE risk assessment methodology developed by the World Organization for Animal Health to determine the BSE risk status of a cattle population and to assess whether the beef and beef products from a country represent a health risk. These restrictions currently cover meat, bone and offal from cattle, bison…

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