United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

February 2014

Initial Regulatory Flexibility Analysis

Proposed Rule

APHIS-2013-0061

RIN 0579-AD96

Importation of Pork and Pork Products from 

Mexico

Policy & Program Development

Policy Analysis & Development
Summary

This analysis examines impacts for U.S. small entities of a rule that would amend APHIS 

regulations by allowing importation of fresh pork and pork products from an APHIS-defined 

Mexican CSF region under conditions that mitigate the risk of introduction of classical swine 

fever into the United States. The APHIS-defined Mexican CSF region would consist of all 

Mexican States except the nine we currently recognize as CSF-free and Chiapas. 

The conditions under which we would allow pork and pork products to be imported from 

the proposed APHIS-defined Mexican CSF region pertain to sanitary and biosecurity 

requirements at the slaughtering facilities and at the farms where the swine are raised from which 

the pork and pork products derive. The proposed rule is in response to requests from Mexico for 

an expansion of the region from which pork and pork products can be exported to the United 

States. 

We do not have information on how the proposed rule may affect Mexico’s capacity to 

produce pork and pork products considered free of CSF (as well as meet all other U.S. import 

requirements). We therefore are not able to estimate the extent to which the proposed rule may 

affect the volume of pork and pork products exported by Mexico to the United States, and in 

turn, impact U.S. pork producers, most of which are small entities. However, even in the event 

that U.S. imports of pork and pork products from Mexico were to triple because of the proposed 

rule, they would still comprise less than 1 percent of the U.S. market for these commodities. 

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Table of Contents

Summary.............................................................................................................................. i

Introduction......................................................................................................................... 1

Economic Effects of the Proposed Rule ............................................................................. 2

Reasons Action is Being Considered.................................................................................. 3

Objectives of and Legal Basis for the Rule ........................................................................ 3

Potentially Affected Small Entities..................................................................................... 4

Projected Reporting, Recordkeeping, and Other Compliance Requirements..................... 4

Duplication, Overlap, or Conflict with Existing Rules and Regulations............................ 4

Alternatives to minimize Significant Economic Impacts of the Rule................................. 5

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Introduction

The Regulatory Flexibility Act requires agencies to evaluate the potential effects of their 

proposed and final rules on small businesses, small organizations and small governmental 

jurisdictions. This initial regulatory flexibility analysis describes expected impacts of this 

proposed rule on small entities, as required by section 603 of the Act.

The proposed rule would amend APHIS regulations by adding a new section to 9 CFR 

part 94 allowing importation of fresh pork and pork products from an APHIS-defined Mexican 

CSF region under conditions that mitigate the risk of introduction of classical swine fever into 

the United States. The APHIS-defined Mexican CSF region would consist of all Mexican States 

except the nine we currently recognize as CSF-free and Chiapas. The former would retain their 

CSF-free status and could continue to export live swine and pork products to the United States, 

subject to the conditions in § 94.32. We would not allow pork or pork products to be imported 

into the United States from Chiapas, however, because we have determined that such imports 

would present an unacceptably high risk of the spread of CSF to the U.S. swine population. We 

would continue to prohibit the importation of live swine from the APHIS-defined Mexican CSF 

region because imports of live swine are associated with higher levels of CSF risk than imports 

of pork and pork products. 

The amended regulations would restrict U.S. imports of pork and pork products from the 

proposed APHIS-defined Mexican CSF region by requiring that the commodities be derived 

from swine raised on farms operating under a high level of biosecurity and where CSF antigen 

exposure has not been detected; and from swine not commingled with swine from herds not 

operating under the required sanitary standards. Under the proposed rule, pork and pork 

products originating and imported from the proposed APHIS-defined Mexican CSF region may 

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not be commingled with pork and pork products derived from swine not raised under the 

required level of sanitary standards. Establishments that slaughter the swine from the pork and 

pork products are derived would have to allow periodic inspection and evaluation of their 

facilities, records, and operations by APHIS. 

Economic Effects of the Proposed Rule

At present, nine States in Mexico are recognized as CSF-free and the rest are considered 

CSF-affected. We do not have information on Mexico’s capacity to produce pork and pork 

products that could be exported to the United States from the proposed APHIS-defined Mexican 

CSF region, that is, that would meet the stringent sanitary and biosecurity requirements in the 

new § 94.34. As a next best approach for considering possible impacts of the proposed rule, we 

can look at the relative significance of current levels of pork and pork product imports from 

Mexico.

The annual value of U.S. production of pork and pork products for the three years, 2010-

2012, averaged nearly $15.86 billion. Over the same three-year period, the value of U.S. exports 

of pork and pork products averaged about $4.35 billion, and the average annual value of imports

was about $0.96 billion. Annual U.S. domestic supply of pork and pork products (production 

minus exports plus imports) for the three years had a total value of about $12.47 billion. The 

annual value of U.S. imports of pork and pork products from Mexico over the three years, 2010-

2012, averaged about $31 million, or less than 0.3 percent of U.S. domestic supply. Thus, even 

in the event that U.S. imports of pork and pork products from Mexico were to triple because of 

the proposed rule, they would still comprise less than 1 percent of the U.S. market for these 

commodities. 

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Reasons Action is Being Considered

The proposed rule is in response to requests from Mexico for an expansion of the region 

from which pork and pork products can be exported to the United States. The rule would amend 

the regulations that allow commercial shipments from Mexico by defining a low-risk CSF region 

composed of all the States not currently recognized as CSF-free except Chiapas. APHIS has 

determined that pork and pork products imported from the APHIS-defined Mexican CSF region 

would present a low risk of introducing CSF into the United States swine population, provided 

that certain conditions designed to mitigate that risk are met. The conditions pertain to sanitary 

and biosecurity requirements at the slaughtering facilities and at the farms where the swine are 

raised from which the pork and pork products derive. 

Objectives of and Legal Basis for the Rule

APHIS currently classifies nine Mexican States as CSF-free. The proposed rule would 

allow importation of pork and pork products from an APHIS-defined Mexican CSF region that 

conforms to the sanitary and biosecurity requirements newly set forth in 7 CFR 94.34. This 

action would meet APHIS’ commitment under the World Trade Organization Agreement on 

Sanitary and Phytosanitary Measures to allow the importation of animal products under the least 

restrictive measures consistent with ensuring sanitary and phytosanitary security.

The legal basis for the proposed rule is the Animal Health Protection Act, which 

authorizes the Secretary of Agriculture to prohibit or restrict the importation of animals, animal 

products, or other articles when necessary to prevent the introduction or dissemination of 

diseases, such as CSF, or pests of livestock.

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Potentially Affected Small Entities

Pork production is included in the North American Industry Classification System within 

hog and pig farming (NAICS 112210), for which the Small Business Administration’s smallentity standard is annual receipts of not more than $750,000. In 2007, there were 30,546

operations classified within this NAICS category, and the average value of the agricultural 

products sold by these farms was approximately $593,000, which is below the small-entity 

standard.1 We can assume that most pork producers in the United States are small entities. As 

noted above, even in the event that U.S. imports of pork and pork products from Mexico were to 

triple because of the proposed rule, they would still comprise a minute share of the U.S. market 

for these commodities.

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

Reporting and recordkeeping requirements associated with the proposed rule are 

discussed in the rule under the heading "Paperwork Reduction Act."

Duplication, Overlap, or Conflict with Existing Rules and 

Regulations

APHIS has not identified any duplication, overlap, or conflict of the proposed rule with 

other Federal rules.

1 USDA NASS, 2007 Census of Agriculture, Volume 1, Chapter 1, Table 46. Selected Characteristics of Farms by 

North American Industry Classification System. 

http://www.agcensus.usda.gov/Publications/2007/Full_Report/Volume_1,_Chapter_1_US/st99_1_046_046.pdf

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Alternatives to minimize Significant Economic Impacts of 

the Rule

We do not have information on how the proposed rule may affect Mexico’s capacity to 

produce pork and pork products considered free of CSF (and meet all other U.S. import 

requirements). We therefore are unable to estimate the extent to which the proposed rule may 

affect the volume of pork and pork products exported by Mexico to the United States. We have 

prepared this initial regulatory flexibility analysis because our understanding of possible 

economic effects of the rule on small entities is incomplete. However, even if the rule were to 

result in a tripling of pork and pork product imports from Mexico, they would still comprise less 

than 1 percent of the U.S. market for these commodities. In the absence of apparent significant 

economic impacts, we have not identified alternatives that would minimize such impacts.

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