![](media/image1.jpeg){width="8.5in"
height="1.6251968503937009in"}![](media/image1.jpeg){width="1.7980314960629922in"
height="9.375196850393701in"}October 10, 2006

Docket No. APHIS-2006-0026

Regulatory Analysis and Development

PPD, APHIS, Station 3A-03.8

4700 River Road Unit 118

Riverdale, MD 20737-1238

**Sent Via Federal eRulemaking Portal**

> **Re: [R-CALF USA Comments to Docket No. APHIS-2006-0026, Proposed
> Rule: Bovine Spongiform Encephalopathy; Minimal-Risk Regions,
> Identification of Ruminants and Processing and Importation of
> Commodities]{.underline}**

Dear Administrator:

The Ranchers-Cattlemen Action Legal Fund -- United Stockgrowers of
America

(R-CALF USA) appreciates this opportunity to submit its comments
regarding the Animal and Plant Health Inspection Service's (APHIS's)
Proposed Rule (Proposed Rule) to modify regulations concerning Bovine
Spongiform Encephalopathy Minimal-Risk Regions. R-CALF USA is a
non-profit cattle-producer association that represents 18,000 U.S.
cattle producers in 47 states across the nation. R-CALF USA's mission is
to ensure the continued profitability and viability of independent U.S.
cattle producers. The demographics of R-CALF USA's membership are
reflective of the demographics of the entire U.S. cattle industry, with
membership ranging from the largest of U.S. cattle producers to the
smallest. R-CALF USA's membership consists primarily of cow-calf
operators, cattle backgrounders, and feedlot owners. Various main street
businesses are associate members of R-CALF USA.

In its Proposed Rule APHIS intends to modify its regulations to: 1)
Change current identification requirements for cattle imported from
regions designated by APHIS as Bovine Spongiform Encephalopathy (BSE)
minimal-risk regions. 2) Lift current restrictions on the importation of
hide-derived gelatin. And, 3) Lift current restrictions imposed on the
manufacture of nonruminant material that is processed in BSE
minimal-risk regions.[^1]

##### I. Proposal to Modify Import Requirements for Imported Cattle

##### R-CALF USA strongly supports the Final Rule's requirement, which is unaffected by this Proposed Rule, that all cattle imported to the U.S. from Canada, other than cattle imported for immediate slaughter, be permanently marked with a "CΛN" freeze brand, hot iron brand, or other method.[^2] Because such a permanent brand is time-proven to be least susceptible to loss, removal, alteration, or degradation when compared to other identification methods, it is the most effective means of distinguishing imported Canadian cattle that may be commingled with the U.S. cattle herd. And, of the permanent brand options listed, the hot iron brand should be the preferred branding method due to its durability. Even if all other means of identification were absent, including accompanying import documentation, this permanent brand would enable the identification of any cattle imported from a BSE minimal-risk region, in this case Canada. 

##### In addition to this permanent brand, the Final Rule requires a secondary means of identifying cattle imported from BSE minimal-risk regions. This secondary means is an official eartag containing information that enables the animal to be traced to its premise of origin 

APHIS proposes to eliminate the following regulation that was
promulgated in the Final Rule concerning the additional identification
requirements for cattle imported from BSE minimal-risk regions:

> *§ 93.436   Ruminants from regions of minimal risk for BSE. (a) \*\*\*
> (3) Each bovine must be individually identified by an official eartag
> of the country of origin, applied before the animal\'s arrival at the
> port of entry into the United States, that is determined by the
> Administrator to meet standards equivalent to those for official
> eartags in this chapter and to be traceable to the premises of origin
> of the animal. No person may alter, deface, remove, or otherwise
> tamper with the official identification while the animal is in the
> United States or moving into or through the United States, except that
> the identification may be removed at the time of slaughter;*

##### And, APHIS proposes to replace the foregoing additional identification requirement with the following: 

##### *§ 93.436   Ruminants from regions of minimal risk for BSE. (a) \*\*\* (3) Each bovine must be officially identified with individual identification before the animal's arrival at the port of entry into the United States. No person may alter, deface, remove, or otherwise tamper with the official identification while the animal is in the United States or moving into or through the United States, except that the identification may be removed at slaughter;*

##### R-CALF USA is concerned that while the Proposed Rule would require that cattle imported from a BSE minimal-risk region be officially identified with individual identification, it does not explicitly require that the official identification contain the specific information needed to conduct a BSE disease investigation. R-CALF USA recommends that the Proposed Rule be revised to explicitly require that all cattle imported from a BSE minimal-risk region be individually identified with a device or method that is visible and readable and that includes a unique animal identification number that enables trace-back to the herd of origin.

##### The inclusion of this explicit requirement would be more consistent with the recommendations of the World Organization for Animal Health, commonly known as the OIE. The OIE recommends that when importing cattle from a country with either an undetermined BSE risk or a controlled BSE risk that the cattle "are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin. . ."[^3]

##### Additionally, R-CALF USA strongly supports the explicit requirement contained in the Proposed Rule that states: "No person may alter, deface, remove or otherwise tamper with the official identification while the animal is in the United States or moving into or through the United States, except that the identification may be removed at slaughter."

**II. Proposal to Allow the Importation of Hide-Derived Gelatin**

Unlike gelatin prepared exclusively from hides and skins, which the OIE
recommends should not be subject to any BSE-related conditions
regardless of a country's BSE risk status,[^4] the OIE continues to
consider that the risks associated with the importation of gelatin
derived from bones is dependent on the BSE risk status of the cattle
population of the exporting country. R-CALF USA is still very concerned
about this issue concerning gelatin derived from bones and feels the
rules have been relaxed outside the parameters of the mitigation
measures recommended by the OIE. R-CALF USA agrees that the
international OIE standards do not impose restrictions on gelatin
prepared exclusively from hides and skins, and therefore supports this.
However, for bovine products such as gelatin derived from bones, for
which the OIE mitigation measures are dependent on the risk status of
the country, R-CALF USA recommends that APHIS adopt the more stringent
OIE standard, i.e., the standard for an undetermined BSE risk, until the
risk status of Canada is more fully assessed.

**III. Proposal to Relax Restrictions on the Importation of Nonruminant
Material**

The Proposed Rule relaxes the Final Rule's restriction on the
importation of nonruminant material, specifically the current
prohibition against importing nonruminant materials produced in foreign
facilities that also produce ruminant materials. APHIS states that the
purpose for this prohibition was to ". . . eliminate the possibility
that the nonruminant material could become commingled with or
contaminated by ruminant material containing the BSE agent. . ."[^5]

APHIS now assumes this prohibition is unnecessary, suggesting that the
risk of such commingling or contamination is low due to the mitigation
measures previously implemented by Canada.[^6]

In processing facilities, addressing commingling is an important measure
to guard against BSE contamination that could occur in facilities that
process or store both ruminant and nonruminant material. Given the
undetermined prevalence of BSE in Canada and the four infected cows born
after Canada implemented its feed ban, R-CALF USA urges APHIS to
reconsider its proposal to relax current import requirements on
nonruminant material on the basis that BSE infectivity is known to have
circulated in Canada as recently as 2002.

R-CALF USA appreciates the opportunity to provide the foregoing
comments.

##### Sincerely,

#####  ![](media/image2.jpeg){width="3.3819444444444446in" height="0.5090277777777777in"}

##### Chuck Kiker

##### President, R-CALF USA

[^1]: *Bovine Spongiform Encephalopathy; Minimal-Risk Regions,
    Identification of Ruminants and Processing and Importation of
    Commodities*, Docket No. APHIS-2006-0026, 71 Fed. Reg. 45439-45444
    (August 9, 2006).

[^2]: 9 CFR 93.436(b)(3).

[^3]: Terrestrial Animal Health Code -- OIE -- 2006, Articles 2.3.13.7,
    2.3.13.8.

[^4]: *Id.* at Article 2.3.13.1(1)(c).

[^5]: 71 Fed. Reg. at 45441.

[^6]: 71 Fed. Reg. at 45441.