Memorandum of Understanding 

Between 

United States Department of Agriculture 

Food Safety and Inspection Service (FSIS) 

And 

United States Department of Agriculture 

Animal and Plant Health Inspection Service (APHIS) 

ARTICLE 1 - PURPOSE 

The purpose ofthis Memorandum ofUnderstanding (MOU) is to describe roles, 

responsibilities, and authorities ofthe parties regarding implementation ofthe "Bovine 

Spongiform Encephalopathy; Minimal-Risk Regions; Importation ofLive Bovines and 

Products Derived from Bovines Final Rule" (hereafter called the Rule). This Rule (72 

FR, Docket No. APHIS-2006-0041, pages 53314-533 79) establishes conditions for the 

importation of certain live ruminants and ruminant products and byproducts from 

minimal risk regions identified by the Animal and Plant Health Inspection Service 

(APHIS). Animals not in compliance with the age and other provisions ofthe Rule are 

ineligible for import into the United States and, therefore, ineligible for slaughter. 

ARTICLE 2 - AUTHORITY 

Food Safety and Inspection Service (FSIS) personnel will function on the behalf of 

APHIS, under authority granted by the Animal Health Protection Act (AHPA), 7 U.S.C. 

8301 et seq. Under this authority delegated by APHIS, FSIS is authorized to implement 

the provisions ofthe Rule, Title 9 Code ofFederal Regulations sections 93.419 and 

93.420 and 7 U.S.C. 8306 regarding holding oflive animals or articles (carcasses and 

parts) that are found to be not in compliance with the Rule. 

ARTICLE 3 - FSIS RESPONSIBILITIES 

A. Verification activities for animals shipped directly from Canada for immediate 

slaughter: 

At establishments in which an establishment employee has not been authorized under 

Title 9 ofthe Code ofFederal Regulations (9 CFR) Section 93.400 to break official 

seals: 

I. FSIS, on arrival of animals from Canada shipped for immediate slaughter, will 

verify that the means of conveyance is properly sealed by either a Canadian 

government seal or U.S. government seal. Ifthe official seals are broken, 

missing, or otherwise tampered with, FSIS personnel will hold the animals after 

unloading and promptly notify the APHIS Area Veterinarian in Charge (AVIC) 

with jurisdiction in the State where the official establishment is located. 
Memorandum ofUnderstanding Between APHIS and FSIS 2 

2. For shipments arriving under seal ofthe Canadian or U.S. government, FSIS 

personnel will verify that Veterinary Services (VS) Form 17-33 has accompanied 

the load, and verify that the number of animals on the load is the same as the 

number noted on the VS 17-33. FSIS personnel will promptly return the 

completed VS 17-33 to the VS Port ofEntry. 

3. FSIS personnel will verify plant programs by reviewing paperwork and 

monitoring plant activities to assure the animals arrive with a Canadian health 

certificate and that certificates for sheep and goats show the age of each ofthe 

animals in months, and that the age is less than 12 months for sheep and goats. If 

sheep and goats are determined to be 12 months of age or greater, FSIS will hold, 

under the AHP A, live animals or carcasses for APHIS disposition. 

4. FSIS will hold, under the AHPA, and promptly report to the AVIC, any animal or 

shipments of animals arriving with missing Canadian ear tags, with broken or 

missing seals, or without appropriate APHIS forms and Canadian Health 

Certificates. 

5. FSIS will hold pregnant sheep and goats sent to slaughter, under the AHPA, and 

contact the AVIC. 

B. Verification activities for Canadian sheep and goats shipped from a U.S. feedlot 

to slaughter: 

At establishments in which an establishment employee has not been authorized under 

9 CFR 93.400 to break official seals: 

I. FSIS, on arrival ofCanadian sheep and goats from a U.S. feedlot, will verify that 

the means of conveyance is properly sealed with a U.S. government seal. Ifthe 

official seals are broken, missing, or otherwise tampered with, FSIS personnel 

will hold the animals after unloading and promptly notify the APHIS AVIC with 

jurisdiction in the State where the official establishment is located. 

2. FSIS will verify that the sheep and goats are accompanied by a VS Form 1-27 and 

Canadian Health Certificate(s), that the number of animals on the load is the same 

as the number recorded on the 1-27, and that the official identification numbers of 

the animals are included on the accompanying paperwork. FSIS personnel will 

complete appropriate sections and return completed official forms to the local 

APHIS office. 
Memorandum ofUnderstanding Between APHIS and FSIS 3 

3. FSIS personnel will verify plant programs by reviewing paperwork and 

monitoring plant activities to ensure the sheep and goats arrive with a Canadian 

health certificate showing the age of each ofthe animals in months and that the 

age is less than 12 months for sheep and goats. Ifsheep and goats are determined 

to be 12 months of age or greater, FSIS will hold, under the AHPA, live animals 

or carcasses for APHIS disposition. 

4. FSIS will hold, under the AHPA, and promptly report to the AVIC, any animal or 

shipments of animals arriving with missing seals or without appropriate APHlS 

forms and Canadian Health Certificates. 

5. FSIS will hold pregnant sheep and goats sent to slaughter, under the AHPA, and 

contact the AVIC. 

C. Verification activities for Canadian animals either shipped directly from Canada 

for immediate slaughter or shipped from a U.S. feedlot to slaughter and the 

establishment has authorized an employee to break official seals. 

Should irregularities be identified by FSIS personnel at establishments at which an 

establishment employee has been authorized under 9 CFR 93.400 to break official 

seals, FSlS personnel will notify their District Office who in tum will advise the 

responsible APHlS AVlC. 

D. Post-mortem Activities. 

Should FSIS have reason to believe any animal at post mortem is ineligible for 

slaughter under the Rule, FSIS will hold, under the AHPA, the carcass and its parts 

and notify the AVIC. FSIS will collect all available identification (such as ear tags) 

and hold for pick-up by the AVIC. 

ARTICLE 4 - APHIS RESPONSIBILITIES 

A. Only an authorized U.S. Department ofAgriculture Representative (e.g., an 

APHIS VS employee, an FSIS inspector, a State Representative, an accredited 

veterinarian or an employee of an accredited veterinarian, or a slaughtering 

establishment or feedlot representative who has been designated to perform the 

functions involved) may break seals on shipments ofCanadian animals at an 

official slaughter establishment. 

B. Upon notification by FSlS oflive animals believed to be out of compliance with 

the Rule, APHIS will assume jurisdiction ofthe animals, typically within 24 

hours. 
Memorandum ofUnderstanding Between APHIS and FSIS 4 

C. When notified by FSJS of any animal or carcass on hold under the Rule, APHIS 

will make the determination on animal or carcass eligibility under the Rule, and 

communicate directly (by phone, fax, e-mail, etc.) with the management ofthe 

official establishment regarding the requirements ofthe Rule - such as 

destruction and disposal requirements. 

D When requested by FSIS, APHIS will provide written guidance (by fax, e-mail, 

etc.) on the appropriate disposition of animals, carcasses, or articles held by FSIS 

under the AHP A or the Rule. 

E. APHIS will provide FSIS, consistent with 7 U.S.C. 8306(c)(l), with a copy of any 

written order addressed to, and directing, official establishment management to 

dispose of ineligible animals, carcasses, and parts in a manner consistent with the 

Rule. 

F. AP HIS will facilitate requests from official establishments to initiate compliance 

agreements that allow establishment employees to break seals in accordance with 

9 CFR 93.400. 

G. The APHIS AVIC will provide the FSIS Inspector-in-Charge with a copy ofthe 

signed compliance agreement and completed VS Form 16-36 as related to the 

breaking ofofficial seals by establishment employees. Should irregularities be 

noted by FSIS or APHIS in the carrying out ofsaid compliance agreements or VS 

form 16-36 by establishment management, APHIS will take immediate action to 

ensure compliance. 

ARTICLE 5 - IT IS MUTUALLY AGREED 

A. That the details ofthis cooperative undertaking shall be jointly planned and 

executed by the cooperating parties. 

B. That the Agencies will cooperate on any criminal/administrative investigation 

coming out ofthe Rule. 

C. That this MOU will be effective November 19, 2007, and remain in effect until 

terminated under the terms ofArticle 9. 

D. That eligibility for entry into the United States will be based on a bovine being 

certified by Canadian officials as being born after March I, 1999, and 

will be determined at the border by APHIS border personnel. Should 

FSIS personnel note any irregularities in this regard FSIS will hold the 

animal( s ), under the AHP A and will report their findings to the A VIC for 

disposition. 
Memorandum ofUnderstanding Between APHIS and FSlS 5 

ARTICLE 6- STATEMENT OF FINANCIAL OBLIGATION 

Signature ofthis MOU does not constitute a financial obligation on the part ofFSJS or 

APHIS. Each signatory party is to use and manage its own funds in carrying out the 

purpose ofthis MOU. 

ARTICLE 7-LIMITATION OF COMMITMENT 

It is understood and agreed that any monies allocated for purposes covered by the MOU 

shall be expended in accordance with its terms and in the manner prescribed by the fiscal 

regulations and/or administrative policies ofthe party making the funds available. A 

separate agreement must be developed by the parties, iffiscal resources are to transfer. 

ARTICLE 8 - AMENDMENTS 

This MOU may be amended at any time by mutual agreement ofthe parties in writing. 

ARTICLE 9 - TERMINATION 

This MOU may be terminated at any time by mutual agreement ofthe parties in writing, 

or by one party with 30 days' notice in writing ofthe other party. 

ARTICLE 10 - PREVIOUS AGREEMENTS 

This MOU does not modify any other existing agreements between FSIS and APHIS. 
Memorandum ofUnderstanding Between APHIS and FSIS 6

FORFSIS: 

Kenneth Petersen 

Assistant Administrator 

Office ofField Operations 

Washington, DC 

--r~_,__t-10~7 

SlGNATUREAND DATE 

FORAPHIS 

John R. Clifford 

Deputy Administrator 

Veterinary Services 

Washington, DC 

<J,-,--;_ ~..-T-=?v1-r 

SIGNATURE ANDATE J fl C.