[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15034]
[[Page Unknown]]
[Federal Register: June 21, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 94
[Docket No. 93-061-1]
Certificate for Importation of Milk and Milk Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend 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 would have to
name the country in which the milk was produced and the country in
which the milk or milk product was processed. Also, the certificate
would state that, except for certain movements 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 would 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.
DATES: Consideration will be given only to comments received on or
before August 22, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 93-061-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. John Gray, Senior Staff
Veterinarian, Import-Export Products Staff, National Center for Import-
Export, Veterinary Services, APHIS, USDA, room 756, Federal Building,
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-7885.
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). As trade barriers are being lifted between many
countries (such as among members of the European Union), it has become
increasingly difficult to ensure that milk or milk products imported
from countries listed in Sec. 94.1(a)(2) were produced and processed in
a country free of rinderpest and FMD and were never in a country where
rinderpest or FMD exists.
For example, some milk produced in France was recently imported
into the United States from Great Britain. At that time, France was
designated in the regulations as a country where rinderpest or FMD
exists. If APHIS had known that the milk imported from Great Britain
had been produced in France, we would not have permitted its
importation into the United States.
To help prevent similar incidents, we are proposing to amend
Sec. 94.16 to require that 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 would have 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 would
have 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 would 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 FMD exists. (Section 94.16(c) allows
milk or milk products imported into the United States from countries
listed in Sec. 94.1(a)(2) as free of rinderpest and FMD to transit a
country infected with rinderpest or FMD en route to the United States,
provided the milk or milk products are, among other things, transported
under serially numbered official seals to ensure that the milk or milk
product is not removed from its container during transit.)
This certification would help ensure that milk or milk products
imported into the United States do not introduce rinderpest or FMD into
the United States.
However, we do not propose to require that milk or milk products
imported from Canada be accompanied by the proposed certificate, even
though Canada is listed in Sec. 94.1(a)(2) as free of rinderpest and
FMD. 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. Therefore, we do not believe the certificate would
be necessary.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
This proposed rule would 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 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 would 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 would 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 would have any
significant economic impact for U.S. importers of milk or milk
products. The exporter of the milk or milk products would 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 would
charge a fee for providing the certificate, but it is unlikely that any
fee would 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 would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required 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 proposed rule will be submitted for approval to the
Office of Management and Budget. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please send a copy of your
comments to: (1) Chief, Regulatory Analysis and Development, PPD,
APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, and (2) Clearance Officer, OIRM, USDA, room 404-
W, 14th Street and Independence Avenue SW., Washington, DC 20250.
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 would be 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 would be revised 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, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 94.16, a new paragraph (d) would be added to read as
follows:
Sec. 94.16 Milk and milk products.
* * * * *
(d) Except for milk and milk products imported from Canada, 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.
Done in Washington, DC, this 15th day of June 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-15034 Filed 6-20-94; 8:45 am]
BILLING CODE 3410-34-P