USDA Proposes Updates to GMO, BSE and Bird Flu Measures
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 to classify countries that export bovine and bovine products as either negligible risk, controlled risk or undetermined risk in accordance with World Organization for Animal Health (OIE) guidelines; (ii) amending BSE and scrapie regulations regarding the importation of live sheep, goats, and wild ruminants, and their products and byproducts; and (iii) amending regulations “to prohibit or restrict the importation of birds, poultry, and bird and poultry products from regions that have reported the presence in commercial birds or poultry of highly pathogenic avian influenza other than subtype H5N1.” See Federal Register, February 13, 2012.
Meanwhile, U.S. Senator Chuck Grassley (R-Iowa) sent a February 13, 2012, letter to USDA and the Office of Budget and Management, calling on regulators to consolidate and finalize BSE regulations first proposed in 2004. Signed by 31 members of Congress, the letter asks trade negotiators to help reduce “non-tariff trade barriers” to U.S. beef sales abroad by requiring trading partners such as Mexico “to make science-based decisions” in keeping with OIE’s recommendations. To this end, the letter also urges the United States to demonstrate that it has taken “the necessary steps to properly address risks related to BSE by adopting a comprehensive rule.”
“By having a comprehensive BSE rule in place, the U.S. will show leadership on the global scale and will give USTR [the U.S. Office of the Trade Representative] and USDA a stronger position to press other nations to follow the OIE’s guidelines and adopt science-based BSE policies,” the letter concludes. “As a result, when nations base their decisions on sound science, we are confident more markets will be expanded or opened to U.S. beef.”
