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USDA: Draft of Final Rule To Lift Canada Cattle Ban Nearly Done
By Bill Tomson
WASHINGTON (Dow Jones) - The USDA's draft of a final rule that would open the U.S. border to Canadian cattle is nearly complete and will "soon" be ready for clearance by USDA agency heads, according to a status report filed with the U.S. District Court for the District of Montana.
Once the USDA finishes its work on the rule, it must then be sent for review by the White House Office of Management and Budget before the USDA can have it published in the U.S. Federal Register and then implemented, a USDA official said.
On Nov. 4, 2003, the USDA issued a proposal to alter its regulations barring the importation cattle and beef products from countries that report cases of BSE, a move that would categorize Canada as minimal risk for BSE and allow Canadian cattle back into the U.S. The USDA withdrew the proposal after a BSE case was discovered in the U.S. in December and the infected cow was later found to have been imported from Canada.
The USDA reinstated the proposal this year on March 8 and again began accepting public feedback, a necessary step in the rulemaking process.
The USDA, in its report filed to the U.S. District Court for the District of Montana on Thursday, said, "A draft final rule is nearing completion and will soon be submitted for clearance by USDA agencies."
Canada exported 1.563 million head of total cattle in 2002 and 491,000 head through May 2003, before the U.S. enacted a ban in reaction to the announcement of a BSE case in Canada.
USDA Secretary Ann Veneman has blamed recent delays in finishing the rule on a need for intensive legal reviews by government lawyers due to concern that there will be legal challenges.
In August 2003, the U.S. lifted its ban on only Canadian boneless beef from cattle under 30 months of age. But R-CALF United Stockgrowers of America, a group representing U.S. cattle ranchers successfully challenged USDA in court when it discovered the USDA had been allowing in Canadian processed and bone-in beef products to the U.S. that were not eligible under the rules established in August 2003.
The U.S. District Court for the District of Montana issued an injunction forcing the USDA to stop allowing the importation of processed and bone-in beef products from Canada and ordered USDA to provide status reports to the court on the rule that would lift the U.S. ban on Canadian cattle as well as bone-in and processed beef products.
The USDA's fourth status report, a copy of which was obtained by Dow Jones, was delivered to the court Thursday.
By Bill Tomson
WASHINGTON (Dow Jones) - The USDA's draft of a final rule that would open the U.S. border to Canadian cattle is nearly complete and will "soon" be ready for clearance by USDA agency heads, according to a status report filed with the U.S. District Court for the District of Montana.
Once the USDA finishes its work on the rule, it must then be sent for review by the White House Office of Management and Budget before the USDA can have it published in the U.S. Federal Register and then implemented, a USDA official said.
On Nov. 4, 2003, the USDA issued a proposal to alter its regulations barring the importation cattle and beef products from countries that report cases of BSE, a move that would categorize Canada as minimal risk for BSE and allow Canadian cattle back into the U.S. The USDA withdrew the proposal after a BSE case was discovered in the U.S. in December and the infected cow was later found to have been imported from Canada.
The USDA reinstated the proposal this year on March 8 and again began accepting public feedback, a necessary step in the rulemaking process.
The USDA, in its report filed to the U.S. District Court for the District of Montana on Thursday, said, "A draft final rule is nearing completion and will soon be submitted for clearance by USDA agencies."
Canada exported 1.563 million head of total cattle in 2002 and 491,000 head through May 2003, before the U.S. enacted a ban in reaction to the announcement of a BSE case in Canada.
USDA Secretary Ann Veneman has blamed recent delays in finishing the rule on a need for intensive legal reviews by government lawyers due to concern that there will be legal challenges.
In August 2003, the U.S. lifted its ban on only Canadian boneless beef from cattle under 30 months of age. But R-CALF United Stockgrowers of America, a group representing U.S. cattle ranchers successfully challenged USDA in court when it discovered the USDA had been allowing in Canadian processed and bone-in beef products to the U.S. that were not eligible under the rules established in August 2003.
The U.S. District Court for the District of Montana issued an injunction forcing the USDA to stop allowing the importation of processed and bone-in beef products from Canada and ordered USDA to provide status reports to the court on the rule that would lift the U.S. ban on Canadian cattle as well as bone-in and processed beef products.
The USDA's fourth status report, a copy of which was obtained by Dow Jones, was delivered to the court Thursday.
