[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Rules and Regulations]
[Pages 15856-15858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7599]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 93-061-2]
Certificate for Importation of Milk and Milk Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning the importation of
milk and milk products to require that any milk or milk product
imported into the United States from countries declared free of
rinderpest and foot-and-mouth disease be accompanied by a certificate
stating that the milk was produced and processed in a country declared
free of rinderpest and foot-and-mouth disease, or that the milk product
was processed in a country declared free of rinderpest and foot-and-
mouth disease from milk produced in a country declared free of
rinderpest and foot-and-mouth disease. The certificate must name the
country in which the milk was produced and the country in which the
milk or milk product was processed. Also, the certificate must state
that, except for certain movement under seal, the milk or milk product
has never been in any country in which rinderpest or foot-and-mouth
disease exists. Requiring a certificate will help ensure that milk or
milk products imported into the United States do not introduce
rinderpest or foot-and-mouth disease into the United States.
EFFECTIVE DATE: April 27, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. John Gray, Senior Staff
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, VS, APHIS, Suite 3B05, 4700 River Road Unit 40, Riverdale, MD
20737-1228, (301) 734-4401.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as ``the
regulations'') govern the importation into the United States of
specified animals and animal products in order to prevent the
introduction into the United States of various diseases, including
rinderpest and foot-and-mouth disease (FMD). These are dangerous and
destructive communicable diseases of ruminants and swine.
The regulations in Sec. 94.1(a)(2) list countries that are declared
free of rinderpest and FMD. Milk and milk products have the potential
to spread rinderpest and FMD if they are produced or processed in or
have transited a country where these diseases exist. Therefore, under
Sec. 94.16, milk and milk products are restricted entry into the United
States unless they are imported from countries listed in
Sec. 94.1(a)(2).
On June 21, 1994, we published in the Federal Register (59 FR
31957-31959, Docket No. 93-061-2) a proposal to amend Sec. 94.16 to
require that, except for milk and milk products imported from Canada,
milk or milk products imported into the United States from a country
listed in Sec. 94.1(a)(2) as free of rinderpest and FMD must be
accompanied by a certificate endorsed by a full-time, salaried
veterinarian employed by the country of export. The certificate was to
state that the milk was produced and processed in a country listed in
Sec. 94.1(a)(2), or that the milk product was processed in a country
listed in Sec. 94.1(a)(2) from milk produced in a country listed in
Sec. 94.1(a)(2). The certificate was to name the country in which the
milk was produced and the country in which the milk or milk product was
processed. Further, the certificate was to state that, except for
movement under seal as described in [[Page 15857]] Sec. 94.16(c), the
milk or milk product had never been in any country in which rinderpest
or FMD existed. We stated in the proposal that this certification would
help ensure that milk and milk products imported into the United States
do not introduce rinderpest or FMD into the United States.
We solicited comments concerning our proposal for 60 days ending
August 22, 1994. We received five comments by that date. They were from
domestic and foreign manufacturers, importers and exporters of dairy
products, and domestic and foreign dairy industry groups. We carefully
considered all of the comments we received. They are discussed below.
One commenter requested that we exempt milk and milk products
imported from New Zealand from the certificate requirement. As stated
in the proposal, we are exempting milk and milk products imported from
Canada from the certificate requirement because Canada has a common
land border with only the United States, and Canada imports milk and
milk products from other countries under conditions as restrictive as
would be acceptable for importation into the United States. The
commenter stated that because New Zealand also imports milk and milk
products from other countries under conditions as restrictive as would
be acceptable for importation into the United States, and because New
Zealand does not have a common land border with any country, milk and
milk products imported from New Zealand should be given the same
exemption as milk and milk products imported from Canada.
We are making no changes to the rule based on this comment. Because
Canada does have a common land border with the United States, products
moving from Canada into the United States move mostly overland; or, if
they are moved by aircraft, they are flown directly to the United
States. Either way, there is virtually no risk that the shipment will
pass through or land in another country en route to the United States.
The risk of this would be greater for a shipment moving from a country
that does not share a common land border with the United States,
thereby increasing the risk of introducing rinderpest or FMD into the
United States.
Another commenter supported the proposal, and asked that we expand
the proposal to require a similar certificate for meat and meat
byproducts of ruminants and swine imported from countries declared free
of rinderpest and FMD. The USDA's Food Safety and Inspection Service
(FSIS) imposes strict requirements on the importation of meat and meat
byproducts of ruminants and swine into the United States. Among them is
the requirement that the meat or meat byproduct be accompanied by a
foreign meat inspection certificate and that the meat or meat byproduct
be manufactured in a meat establishment certified by FSIS as eligible
to import meat and meat byproducts into the United States. We believe
the oversight imposed by FSIS on the importation of meat and meat
byproducts affords a more than adequate level of protection against the
introduction of rinderpest and FMD into the United States, and that it
is not necessary to require a certificate for the importation of meat
and meat byproducts similar to the one proposed for milk and milk
products.
Several commenters who import milk and milk products into the
United States from countries declared free of rinderpest and FMD were
concerned that the proposed rule would completely prohibit them from
importing their products if the products were processed using milk or
milk products from a country where rinderpest or FMD exists. Some dairy
product companies in FMD- and rinderpest-free countries regularly
utilize milk or milk products from countries where rinderpest or FMD
exists. Currently, such products may be imported under Sec. 94.16(b)(3)
of the regulations. (Section 94.16(b) governs the importation of milk
and milk products originating in, or shipped from, any country
designated in Sec. 94.1(a) as a country infected with rinderpest or
FMD. Paragraph (b)(3) of Sec. 94.16 allows such milk or milk products
to be imported into the United States if the importer applies to and
receives written permission from the Administrator of APHIS authorizing
the importation.)
The intention of our proposed certificate was not to discontinue
the importation, in accordance with Sec. 94.16(b)(3), of milk or milk
products from an FMD- and rinderpest-free country if milk or milk
products from another country were utilized in the processing. We are,
therefore, adding a sentence to the proposed regulations based on these
comments in order to make it clear that, if milk or milk products from
a country declared free of rinderpest and FMD were processed in whole
or in part from milk or milk products from a country not declared free
of rinderpest or FMD, the milk or milk products may still be imported,
as they are currently, under Sec. 94.16(b)(3) of the regulations.
One commenter who supported the proposed rule was concerned that
the proposal did not specify how the certification will be monitored
and validated on a routine basis by U.S. authorities. It is not clear
what the commenter was referring to. However, we can assure the
commenter that each certificate will be reviewed at the port of entry
by an APHIS inspector. If a shipment of milk or milk products is not
accompanied by a certificate or other appropriate paper work, the
shipment will be denied importation into the United States. We do not
believe any additional specifications are needed to monitor or validate
the proposed certificate.
The same commenter was concerned that, because the proposed rule
exempts Canada from the certificate requirement, milk or milk products
originating in a country where FMD exists could be shipped through one
or more other countries before entering Canada for eventual shipment to
the United States. For this reason, the commenter stated that milk or
milk products transhipped through Canada from another country should
not be exempted from the certificate requirement. We are making no
changes based on this comment. In the scenario described by the
commenter, the milk or milk product would not be imported from Canada
into the United States; therefore, the shipment would have to be
accompanied by the paperwork appropriate to the disease status of the
country of origin, and would not be exempt from the certificate
requirement simply because it had moved through Canada. As stated in
the proposal, Canada imports milk and milk products from other
countries under conditions as restrictive as would be acceptable for
importation into the United States, making it highly unlikely that
Canadian regulations would allow a situation such as the one posed by
the commenter to occur.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule, with the changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule will require that, except for milk and milk products
imported from Canada, milk and milk products imported into the United
States from countries declared free of rinderpest and FMD be
accompanied by a certificate [[Page 15858]] stating that the milk was
produced and processed in a country declared free of rinderpest and
FMD, or that the milk product was processed in a country declared free
of rinderpest and FMD from milk produced in a country declared free of
rinderpest and FMD. The certificate will have to name the country in
which the milk was produced and the country in which the milk or milk
product was processed. The certificate will also have to state that the
milk or milk product has never been in any country in which rinderpest
or FMD exists.
We do not expect that requiring a certificate will have any
significant economic impact for U.S. importers of milk or milk
products. The exporter of the milk or milk products will have to obtain
the required certification through the national government of the
country of export prior to shipping the milk or milk products to the
United States. We do not know how many of those governments will charge
a fee for providing the certificate, but it is unlikely that any fee
will be high enough to significantly raise the cost of the milk or milk
product should the exporter choose to pass the cost of the certificate
on to the importer in the United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been submitted for approval to the Office of
Management and Budget.
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 94 is amended as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR 2.17, 2.51, and
371.2(d).
2. In Sec. 94.16, a new paragraph (d) is added to read as follows:
Sec. 94.16 Milk and milk products.
* * * * *
(d) Except for milk and milk products imported from Canada, and
except as provided in this paragraph, milk or milk products imported
from a country listed in Sec. 94.1(a)(2) as free of rinderpest and
foot-and-mouth disease must be accompanied by a certificate endorsed by
a full-time, salaried veterinarian employed by the country of export.
The certificate must state that the milk was produced and processed in
a country listed in Sec. 94.1(a)(2), or that the milk product was
processed in a country listed in Sec. 94.1(a)(2) from milk produced in
a country listed in Sec. 94.1(a)(2). The certificate must name the
country in which the milk was produced and the country in which the
milk or milk product was processed. Further, the certificate must state
that, except for movement under seal as described in Sec. 94.16(c), the
milk or milk product has never been in any country in which rinderpest
or foot-and-mouth disease exists. Milk or milk products from a country
listed in Sec. 94.1(a)(2) that were processed in whole or in part from
milk or milk products from a country not listed in Sec. 94.1(a)(2) may
be imported into the United States in accordance with Sec. 94.16(b)(3).
Done in Washington, DC, this 22nd day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-7599 Filed 3-27-95; 8:45 am]
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