. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/435
4 May 2001
(01-2295)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION
1. Member to Agreement notifying:  UNITED STATES
If applicable, name of local government involved:           
2. Agency responsible:  Department of Agriculture, Food Safety and Inspection Service
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers may be provided in addition, whereapplicable).  Regions or countries likely to be affected, to the extent relevant or
practicable:  Ratites and squabs
4. Title and number of pages of the notified document:  Mandatory Inspection of Ratites
and Squabs; Interim final rule (9 pages)
5. Description of content: The Food Safety and Inspection Service (FSIS) is amending the
Poultry Products Inspection Regulations (Part 381) and the Voluntary Poultry Inspection
Regulations (Part 362) to include ratites and squabs under the mandatory poultry products
inspection regulations.  The Agency is responding to the FY 2001 Agriculture, Rural
Development, Food and Drug Administration a nd Related Agencies Appropriations Act (the
Appropriations Act), signed by the President on 28 October 2000, which provides that
180 days after the date of its enactment, US establishments slaughtering or processing
ratites or squabs for distribution into commerce as human food will be subject to the
requirements of the Poultry Products Inspect ion Act (PPIA), rather than the voluntary
poultry inspection programme under section 203 of the Agricultural Marketing Act of 1946
(AMA).
All countries exporting or wanting to export ratite and squabs products to the United States,
regardless of their current eligibility status regarding meat and poultry product exports to
the United States, may do so for the next 18 months subject to the following.  Countries
already eligible to export poultry to the United States will be able to export ratites and
squabs as soon as they certify to FSIS those establishments eligible to export to the United
States.  These countries are Canada, Israel, Great Britain, and France. Animal healthrestrictions continue to apply so there is no change with regard to the eligibility of specific
products based on APHIS regulations.  Countries eligible to export meat to the United
States will be permitted to export ratites to the United States provided the animals are
slaughtered in an establishment certified to export to the Unites States and provided the
countries submit a request for establishing equivalency.  Certified establishments arerequired to meet FSIS HACCP and Pathogen Reduction requirements.
Countries not eligible to export meat or poultry to the United States will need to submit a
request for equivalency and FSIS will need to make an equivalency determination according
to 9 CFR Part 327.  As indicated above, however , each country desiring to begin or continue
exporting such products to the United States will have to apply for an equivalencedetermination of its ratite and squab inspection system.  Countries' ratite and squab export
inspection systems must be found to be equivalent with the US domestic inspection systemG/SPS/N/USA/435
Page 2
within 18 months of the effective date of the Agency's new mandatory ratite and squab
inspection requirements (26 April 2001).  After the 18 month period has ended, all
shipments of ratites and squabs from eligible countries must be accompanied with the
appropriate veterinary health certificate (Sec. 381.197) and must be presented to FSIS for
import reinspection prior to entry (Sec. 381.199).   Countries wanting to export ratites and
squab to the United States should make a written request to export poultry to FSIS through
the United States Embassy located in the country. FSIS will conduct both a document
review and an on-site audit to determine if the country operates an equivalent poultry
inspection system.
The provision of the Appropriations Act specifying that ratites and squabs come under the
Agency's mandatory inspection requirements is effective on 26 April 2001.  Interested
parties may comment on this interim final rule.
6. Objective and rationale: [  X ] food safety,  [    ] animal health,  [    ] plant protection,
[    ] protect humans from animal/plant pest or disease, [    ] protect territory from
other damage from pests           
7. An international standard, guideline or recommendation does not exist [  X ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:
8. Relevant documents and language(s) in which these are available: 66 FR 21631,
1 May 2001 (Available in English)
9. Proposed date of adoption:  This interim final rule was effective 26 April 2001.
10. Proposed date of entry into force:  This interim final rule was effective 26 April 2001.
11. Final date for comments:  2 July 2001
Agency or authority designated to handle comments:  Food Safety and Inspection
Service, USDA  [    ] National notification authority, [     ] National enquiry point, or
address, fax number and E-mail address (if available) of other body:  Detailed
instruction on where and how to send comments is in the body of the full text - which willbe sent upon request to the address in paragraph 12.
12. Texts available from: [  X ] National notification authority, [  X ] National enquiry point
or address, fax number and E-mail address (if available) of other body:
United States SPS Enquiry Point/Notification Authority
USDA/FAS/FSTSD
ATTN: Carolyn F. Wilson
Room 5545 South Agriculture BuildingStop 1027
1400 Independence Avenue, S.W.
Washington, D.C. 20250
Tel:  (202) 720-2239
Fax:  (202) 690-0677
E-mail:  ofsts@fas.usda.gov