March 23, 2007
Group Submits Extensive Comments
Against USDA's Proposed OTM Rule
Billings, Mont. – R-CALF USA submitted an 86-page document of comments urging the U.S. Department of Agriculture (USDA) to withdraw its proposed plan (Rule 2) to allow imports of Canadian cattle over 30 months (OTM) of age into the U.S., along with another 50 attachments totaling well over 1000 pages of evidence that show the agency would be acting prematurely if it chooses to go forward with the planned rulemaking.
In response to continued outbreaks of bovine spongiform encephalopathy (BSE) in Japan and Canada, as well as the inherently higher risk associated with older Canadian and Japanese cattle, R-CALF USA members in 2006 voted overwhelmingly to "take appropriate action to challenge and stop USDA from allowing the importation of beef products from cattle older than 30 months of age, as well as the importation of live cattle over 30 months of age, from Japan or any other BSE-affected country." R-CALF USA's extensive comments on Rule 2 reflect the organization's commitment to its membership-developed policies.
R-CALF USA initially requested that USDA extend the comment period on Rule 2 due to the February 2007 discovery of a BSE-infected Canadian bull born in 2000. R-CALF USA suggested USDA should wait until Canada completed its epidemiological investigation of the bull. USDA denied the request.
"We are disappointed that USDA appears to be in such a rush to proceed with its OTM rule that it won't even provide time to gather important scientific information so that a sound decision can be made," said R-CALF USA CEO Bill Bullard. "Quite simply, USDA did not expect Canada to detect multiple BSE-infected cattle born years after Canada implemented its feed ban, and it was inappropriate for the agency to deny our request for an extension of time pending the completion of the investigation into Canada's latest BSE case.
"We need to know if that animal was infected via cross-contamination, or more directly through prohibited feed," Bullard emphasized. "This is what the ongoing investigation may answer, and this answer is vital to determining why Canada's feed ban has not prevented the continued spread of BSE there. This is an important part of the overall analysis of Canada's BSE problem, and critical information for this rulemaking.
"In stark contradiction to earlier actions, USDA is now proposing to allow higher-risk animals from Canada into the United States, despite the fact that nothing has changed since USDA first said that the best way to protect our industry was not to allow higher-risk products into the U.S. in the first place," he pointed out. "USDA had a test that it had established to determine whether or not a country had adequate mitigation measures, and that test was whether or not animals were born after the mitigation measures were put in place. Five of Canada's 10 native cases of BSE have been born after the 1997 implementation of its feed ban – clearly indicating that the feed ban did not stop the continued spread of BSE in the Canadian feed system, or, in the Canadian cattle herd."
Bullard said problems continue with Canada's feed ban, and thousands of Canadian cattle have recently been exposed to potentially contaminated feed. In November 2006, Canadian officials issued a recall of ruminant feed across Ontario and Quebec because of meat and bone meal contamination, and just a few weeks ago, nine Saskatchewan farms were quarantined because prohibited ruminant materials were found in feed distributed to these farms.
"USDA cannot continue to ignore Canada's growing problems with BSE and the lack of enforcement of its feed ban," Bullard said. "The problems are now known to be much worse and more widespread than USDA originally thought, and R-CALF hopes USDA will acknowledge the risks and withdraw the rule entirely. The U.S. still has export customers that are very concerned about the commingling of Canadian beef and cattle with U.S. beef and cattle, and we had better begin listening to what our customers are saying. Otherwise, our industry could be put in jeopardy, and this proposed rule does just that.
"R-CALF will continue its efforts with the Administration and with Congress to halt imports of older Canadian cattle, and we'll avoid litigation if at all possible," he continued. "However, R-CALF is prepared to take whatever legal and ethical steps are necessary to protect our industry from what we know to be an avoidable and unnecessary risk."
Bullard also noted that a bipartisan group of U.S. Senators sent a letter of concern about the proposed rule to Agriculture Secretary Mike Johanns, and that most participants at a recent Senate Commerce Subcommittee field hearing testified they were opposed to this rule. Additionally, a coalition of more than 100 agricultural groups sent a letter to Johanns to voice their opposition to Rule 2.
"In essence, USDA's proposed OTM rule is inconsistent with Congress' mandate to USDA to prevent the introduction of BSE into the U.S., and the proposed rule also is contingent upon overly optimistic – if not altogether erroneous – assumptions regarding the effectiveness of existing BSE mitigation measures in Canada," Bullard said. "Implementation of this OTM rule would relegate the United States to the position of practicing the least restrictive BSE standards compared to all other BSE-affected countries.
"In addition, because Canada plans to upgrade its feed ban in July 2007 to begin meeting minimal international standards, the effect of the OTM rule would be that the U.S. would have weaker BSE mitigation measures than Canada, while simultaneously assuming Canada's BSE risk right here in the United States," he noted. "It's also important to note that because of the loopholes identified in the U.S. feed ban, the U.S. does not have the protection needed to address the increased risk associated with Canada's older cattle population. Even though the FDA (Food and Drug Administration) has acknowledged inadequacies with the U.S. feed ban, no improvements have been made.
"It is our hope that the USDA will recognize that this OTM rule is premature, withdraw it, and then begin immediately to develop a comprehensive policy that protects our industry and the public from the importation of BSE and other foreign animal diseases," Bullard concluded.
Note: R-CALF USA's comments, along with the attachments, can be viewed at the "BSE-Litigation" link at
http://www.r-calfusa.com. Please look forward to forthcoming information from an economics expert and a statistician regarding USDA's proposed rule. Those comments can be found in Attachment ZZ and Attachment TT, respectively.
