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[Federal Register: August 23, 2005 (Volume 70, Number 162)]
[Proposed Rules]
[Page 49200-49207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au05-24]
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 49200]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 04-083-1]
Add Argentina to the List of Regions Considered Free of Exotic
Newcastle Disease
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations by adding Argentina
to the list of regions considered free of exotic Newcastle disease. We
have conducted a risk evaluation and have determined that Argentina has
met our requirements for being recognized as free of this disease. This
proposed action would eliminate certain restrictions on the importation
into the United States of poultry and poultry products from Argentina.
We would also add Argentina to the list of regions that, although
declared free of exotic Newcastle disease, must provide an additional
certification to confirm that any poultry or poultry products offered
for importation into the United States originate in a region free of
exotic Newcastle disease and that, prior to importation into the United
States, such poultry or poultry products were not commingled with
poultry or poultry products from regions where exotic Newcastle disease
exists.
DATES: We will consider all comments that we receive on or before
October 24, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-083-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-083-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Dr. David Nixon, Case Manager,
Regionalization Evaluation Services, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231;
(301) 734-4356.
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 of
various animal diseases, including exotic Newcastle disease (END). END
is a contagious, infectious, and communicable disease of birds and
poultry. Section 94.6 of the regulations provides that END is
considered to exist in all regions of the world except those listed in
Sec. 94.6(a)(2), which are considered to be free of END.
The Government of Argentina has requested that APHIS evaluate
Argentina's animal health status with respect to END and provided
information in support of that request in accordance with 9 CFR part
92, ``Importation of Animals and Animal Products: Procedures for
Requesting Recognition of Regions.''
Risk Evaluation
Using information submitted to us by the Government of Argentina
through the animal health officials of the National Health and Agrifood
Quality Service (El Servicio Nacional de Sanidad y Calidad
Agroalimentaria, SENASA), as well as information gathered during site
visits by APHIS staff to Argentina in June and December of 2003, we
have reviewed and analyzed the animal health status of Argentina
relative to END. The review and analysis were conducted in light of the
factors identified in Sec. 92.2, ``Application for recognition of the
animal health status of a region,'' which are used to evaluate the risk
associated with importing animals or animal products into the United
States from a given region. Based on the information submitted to us,
we have concluded the following:
Veterinary Infrastructure
All animal disease and control programs in Argentina operate under
the General Animal Health Enforcement Law (Law No. 3959/1903). Under
this law, SENASA has passed several resolutions specifically pertaining
to the control and surveillance of END, including SENASA's resolutions
to secure Argentina's compliance with the European Union (EU)
requirements for the importation of poultry. SENASA is divided into
several sections, four of which focus on animal health issues. In 2003,
SENASA had a budget of approximately $39 million U.S. dollars and
employed 572 veterinarians.
In 2001 and 2002, SENASA was reorganized to increase the agency's
quality of response to animal disease control and eradication. This
reorganization, which occurred after the foot-and-mouth disease
outbreak in 2001, involved centralizing authority, examining
international standards and certification requirements, and increasing
efficiency and transparency through internal monitoring,
accountability, and increased compliance with national policies. The
new structure of SENASA includes 25 regional offices and 316 field
offices throughout Argentina. The regional offices are responsible for
overseeing the
[[Page 49201]]
field offices, which monitor local prevention and control measures,
census information, eradication, compliance, emergency actions, health
actions, premises identification, movement controls, and recordkeeping.
In order to monitor poultry in Argentina, SENASA requires that all
premises with commercial poultry register with SENASA and obtain a
unique alphanumeric identifier called a RENSPA (Regestrio Nacional
Sanitario de Productores Agropecuarios, National Sanitary Registry of
Ag-Producers) number. The RENSPA number identifies the province,
municipality, premises, and certain characteristics of the facility
from which the animal came, such as facility ownership. The RENSPA
number is used to maintain a database that includes census information,
animal movement permit information, and the END status of the premises.
SENASA reports that compliance with RENSPA registration is high.
Although RENSPA registration is not specifically required for backyard
poultry flocks, SENASA believes that these flocks do not pose a major
threat of END as these birds are intended primarily for home
consumption rather than for exportation.
RENSPA applications also must include the name of the veterinarian
who serves the premises. This veterinarian is required by law to report
any animal health problems occurring on the premises. If the
veterinarian or the owner fails to report, the owner can be
disqualified from collecting indemnity under the indemnity program
explained in the ``Passive Surveillance'' section below. Also, a fine
may be collected from either the veterinarian or the premises owner.
The results of our evaluation indicate that animal health officials
in Argentina have the legal authority to enforce Federal and State
regulations pertaining to END and the necessary veterinary
infrastructure to carry out END surveillance and control activities.
Disease History and Surveillance
The first diagnosis of END in Argentina occurred in 1961. Since
that time, there have been four additional outbreaks--one in 1966, one
in 1970, and two in 1987. In 1967, the Argentine Government made END
reporting mandatory. Argentina has not recorded an outbreak of END in
domestic poultry flocks since October 1987; however, in 1999 a virulent
strain of paramyxovirus type-1 was isolated from wild pigeons. This
discovery in the wild pigeon population was not considered to be an
imminent threat to commercial poultry flocks as general industry
practice includes vaccinating commercial birds against END (as
described below in the ``Vaccination Status'' section) and keeping
these birds in enclosed buildings that separate them from wild birds.
The August 1987 outbreak occurred in four backyard premises and
affected approximately 300 hens. This infection was discovered when
unvaccinated backyard birds were at an exhibition and began to show END
symptoms. Other birds at the exhibition site became infected, but the
Argentine Government controlled the spread through slaughter and
disinfection. The outbreak in October 1987, the origin of which is
unknown, affected 180,000 commercial broiler birds housed at 9 poultry
farms. In addition to slaughter and disinfection, the government also
used vaccination, collection of blood samples for serum testing,
necropsy of all animals dying on neighboring premises within a radius
of 25 km for the following 35 days, and the application of stringent
biosecurity measures such as access controls at farms and testing of
wild birds.
Active Surveillance
Argentina has had an active sampling program in place since 1996.
This program is evaluated yearly and modifications to the plan are
based on an annual risk assessment, the prior year's test results, and
practicalities of testing such as cost and personnel availability. From
1996 through 2001, SENASA biannually tested both commercial flocks and
noncommercial flocks and took a large number of samples, which all were
either negative for END or were positive with vaccine strains. For the
2002-2004 active surveillance program, SENASA tested two target
populations. The first population consisted of noncommercial bird
flocks, including imported birds, birds found in the wild, and birds in
zoos and backyards. The second group covered by the surveillance
program consisted of testing commercial bird flocks including heavy and
light breeding grandmother and parent birds, high-yielding hens, and
commercial broilers.
Currently, SENASA is working to update and expand its surveillance
and control programs, including adding new standards for parent and
grandparent facilities.
Passive Surveillance
SENASA has a system in place through which government officials,
veterinarians, producers, and the public can notify SENASA officials of
potential outbreaks. After a potential or verified outbreak has been
reported, SENASA officials must immediately investigate. SENASA also
has the authority to inspect suspected premises or, if a search is
refused, set up a quarantine on that particular premises. SENASA can
then obtain a court order to inspect the premises. Finally, SENASA has
emergency response mechanisms for health and sanitary measures, as well
as ante-mortem and postmortem sanitary inspection of birds for
slaughter. Minimum biosecurity and hygiene standards for poultry farms
and treatment of poultry waste also exist.
In addition, SENASA also compensates Argentine citizens when they
report a case of END in their own flocks. Therefore, if an animal is
found to have END and destroyed, the owner is entitled to indemnity for
the fair market value of the animal. If an individual fails to report a
case of END that is later discovered, indemnity is not paid. Although
the indemnity program provides individuals with an incentive to report
END, there is little communication with the public about this program
and the site visit team discovered that producers were not aware of the
program. Therefore, APHIS recommended that SENASA attempt to enhance
public awareness of the program.
Results of our evaluation indicate that authorities in Argentina
are conducting an adequate level of END surveillance to detect the
disease if it were present.
Diagnostic Capabilities
In Argentina, the main laboratory conducting END testing is the
central SENASA laboratory in Buenos Aires, which is supplemented by
five network laboratories and the National Farming Technology Institute
(Instituto Nacional de Tecnolog[iacute]a Agropecuaria, INTA). In
addition, SENASA has indicated that additional experts or staff from
various organizations could assist during outbreaks. The Coordinating
Department of Quarantine, Borders, and Certifications sends import/
export samples to the laboratories between 1 and 3 days after the birds
arrive in Argentina. The diagnostic process typically takes 15 to 20
days.
The central SENASA laboratory develops official testing protocols
for the network laboratories, performs official tests of suspect END
cases, conducts virus characterization studies on suspect isolates from
the network laboratories, evaluates serological testing done by network
laboratories, and oversees the use of avian vaccines. The laboratory
has a barcoding system in place to track samples accurately and to
allow for blind, unbiased testing. This
[[Page 49202]]
laboratory is in the final stages of a $3 million renovation and new
construction project. The food sections of the central laboratory,
including residues and food control, are accredited by the Argentine
Accreditation Organization (Organismo Argentino de Acreditaci[oacute]n,
OAA) under International Organization for Standardization (ISO) 17025
standards. During 2005, the laboratory is considering pursuing ISO
17025 accreditation for the biological tests and analytical methods
used for disease testing. Although training at this facility appears to
be sporadic, the personnel assigned to the avian section are
technically proficient and knowledgeable about END.
The five network laboratories were developed in 1997 to conduct
virus isolation for END to meet export requirements to the EU. The
network laboratories are inspected yearly and must pass an annual
proficiency test involving virus isolation in samples. The five network
laboratories currently are suspended from official testing until they
become accredited under ISO 17025 standards, but can continue to carry
out certain tests that later can be validated by the central
laboratory. In addition, the current demand for END testing is low
enough that all testing can be performed at the central laboratory. If
an emergency were to arise and additional testing was required, the
network laboratories would assist the central laboratory with such
tests.
The INTA is a laboratory administered and funded separately from
SENASA. The INTA provides technical services to SENASA for specific
types of tests and is involved in testing wild birds for END and avian
influenza virus. This lab also does all of the molecular tests needed
by SENASA, which expects to perform these tests at network laboratories
in the future.
APHIS concluded that the laboratory capabilities and infrastructure
in Argentina are sufficient to support the END surveillance activities.
Vaccination Status
END vaccination in Argentina is mandatory for messenger pigeons
only; all other END vaccinations are voluntary. SENASA estimates that
approximately 80 percent of the poultry in Argentina is vaccinated
based on vaccination schedules that have been put into place for
production birds, breeding birds, and ornamental birds in markets and
exhibitions. The 2003 site visit indicated that these schedules are
identical or very similar to producers' vaccination regimens observed
in farm records. This vaccination schedule leaves 20 percent of the
poultry population to serve as sentinel birds along with certain
broilers that are vaccinated only once in their first 14 days, which
reduces their immunity to END later in life.
Although backyard domestic fowl and exhibition birds usually are
not vaccinated unless they participate in exhibitions or fairs,
Argentina has tested this population and the results showed that all of
the birds tested were either negative for END or tested positive for a
vaccination strain of END.
APHIS concluded that these vaccinated birds do not constitute a
significant risk factor for introducing END into the United States.
Disease Status of Adjacent Regions
Argentina is bordered by Paraguay in the north, Bolivia in the
northwest, Uruguay and Brazil in the northeast, and Chile in the west.
Chile is recognized by both APHIS and Argentina as END-free. Argentina
also recognizes Uruguay as END-free. Brazil and Bolivia reported END
outbreaks in 2001 and 2002, respectively, and therefore are not
recognized as END-free by either the United States or Argentina.
Because there have been recent END outbreaks in Brazil and Bolivia,
APHIS proposes to add Argentina to the list in Sec. 94.26 of regions
that, although declared free of END, supplement their meat supply by
the importation of fresh (chilled or frozen) poultry meat from regions
designated in Sec. 94.6(a) as regions where END is considered to
exist, have a common land border with regions where END is considered
to exist, or import live poultry from regions where END is considered
to exist under conditions less restrictive than would be acceptable for
importation into the United States. Therefore, poultry and poultry
products from Argentina would have to meet the additional certification
requirements of Sec. 94.26 to be eligible for importation into the
United States. These certification requirements are explained later in
this document under the heading ``Certification Requirements.''
Degree of Separation From Adjacent Regions
Argentina's western and southern borders are with Chile and are
composed entirely of the Andean Mountain Range. The northern border of
Argentina is shared with Bolivia and Paraguay. Approximately half of
the Bolivian portion of the border runs along river coastlines, while
the other half has no natural barriers. The border with Paraguay is
comprised mostly of rivers; however, a small portion of the border has
no natural barrier. Finally, the eastern border of Argentina is shared
with Uruguay and Brazil. The border with Brazil consists mostly of
river coastlines, with approximately 30 km of border with no natural
barriers. The border with Uruguay is composed entirely of river
coastlines.
Although most of the Argentine border has adequate protection from
adjacent countries through natural barriers, large areas on the borders
with Bolivia and Paraguay and a small area on the border with Brazil
may create the potential for END-infected animals to enter into
Argentina from adjacent areas of high risk. In order to prevent this
movement, effective movement controls must be in place.
Movement Controls and Biological Security
Import Controls
All importations of live animals, genetic material, animal
products, and animal byproducts into Argentina are allowed only under
permits issued by SENASA. In order for other countries to export
poultry and poultry products to Argentina, the potential exporting
country must complete a review by SENASA consisting of a questionnaire
and a site visit. Based on the results of the review, SENASA officials
determine the types of animals and animal products that can enter
Argentina and whether certain restrictions, such as a quarantine or
testing, should be applied. Argentina also has limited or banned
certain types of poultry from entering the country. Import procedures
differ depending on the life stage of the poultry, and records are kept
for all imported materials.
Although Argentina does have a permit system, some importers
attempt to bring poultry or poultry products into the country without a
permit. Most of the permitting problems are associated with importation
of ornamental pet birds. Commercial shipments of exotic birds are
usually handled by five or six legitimate importers, all of whom are
known to SENASA. That relationship enables SENASA to be aware of when
permitted shipments are due to arrive; thus, when SENASA receives
information concerning unscheduled shipments, it is in a better
position to act on those shipments.
Export Controls
Argentina's export requirements for poultry are based in large part
on Argentina's compliance with the EU standards for exporting poultry.
In order for poultry to be exported, it must come directly from
commercial farms that
[[Page 49203]]
have chemical or drug withdrawal protocols and are held to strict
sanitary and vaccination rules. These farms must be registered with
various organizations and are subject to inspection by a veterinarian
or by his or her appointed personnel. Any poultry taken to
slaughterhouses for export must be identified properly and accompanied
by proper health and movement certificates. Poultry must then be
slaughtered at a slaughterhouse approved for export to the particular
country of destination.
SENASA does not control biosecurity at commercial facilities, which
are likely to be the main source of poultry shipped to the United
States. However, SENASA regulations address biosecurity standards and
hygiene for avian establishments. Although these regulations do not
appear to have an enforcement mechanism, compliance seems to be high.
In addition, commercial birds are not likely to mix with other
potentially infected birds as SENASA has indicated that Argentina does
not have live markets with birds for sale for consumption. Also, in
both urban and rural areas, backyard and non-commercial flocks are
typically raised for home consumption only. These birds are considered
unlikely to stray far from the home in rural areas because of carancho
(local predator birds), and free-roaming birds in urban areas are
likely to be picked up by other residents for consumption or sale.
Argentina's main export to the United States would likely be
poultry meat rather than live birds. Previous experience with END in
the United States suggests that the importation of live birds presents
a far more likely initial exposure pathway than poultry meat or
products. However, if Argentina did choose to export live birds to the
United States, these birds would have to be placed in a mandatory 30-
day quarantine upon their arrival. During this time, live birds would
be tested for END and may be destroyed if the disease is found. The 30-
day time frame exceeds the incubation period for END, making it very
unlikely that birds with END would enter into the United States
undetected. In addition, these birds would have to meet the additional
certification requirements as described below in the ``Certification
Requirements'' section, further ensuring that birds entering the United
States would be free of END.
Given this information, APHIS did not identify any significant risk
pathways to consider commercial poultry operations as a likely source
for introducing END into the United States.
Movement Across Borders
There are 45 authorized border stations in Argentina, including
terrestrial stations, maritime and fluvial ports, and airports. These
border stations are managed by SENASA's Quarantine, Borders, and
Certifications unit. Each station is staffed by various security
forces, who cooperate with SENASA under official agreements. Because
these forces are the primary identifiers of illegal material, SENASA
works to ensure that these individuals are trained to perform these
duties. In addition, there are 394 permanent SENASA employees at border
stations throughout Argentina.
For air-based transportation of poultry and poultry products, the
site visit team toured two airports: Ezeiza Airport in Buenos Aires,
which is the only airport through which live birds are transported, and
Aeroparque Airport. Ezeiza is open 24 hours a day and has at least
three to five veterinarians on staff during peak hours. If shipments
arrive when the veterinarians are not present, the shipment must either
wait until the veterinarians arrive or arrangements must be made in
advance for a veterinarian to be present. Since 1999, Argentina has
scanned all luggage entering the airports. In addition, beagle dogs
have been trained to inspect luggage for both plant and animal
products. To the extent possible, the dogs are scheduled to work when
the riskiest flights are likely to arrive.
When passengers arrive at an Argentine airport, they first must
pass through immigration where signs listing prohibited items are
conspicuously posted. The beagles are used while the passengers are
collecting their luggage and if a beagle identifies a bag, the bag is
marked for further inspection. Passengers then proceed to customs where
they must declare any items on a form provided by customs officials.
The bags are then scanned and any suspicious or marked bags are
inspected by hand. Any confiscated avian material is chemically treated
to inactivate the END virus and is buried in a landfill. Approximately
2 tons of plant and animal material are confiscated at Ezeiza per
month.
There are 21 land ports in Argentina: 6 on the border with Chile, 3
on the border with Uruguay, 6 on the border with Brazil, 3 on the
border with Paraguay, and 3 on the border with Bolivia. Permanent
SENASA personnel are stationed at each port along with the other
officials described above. Usually, bags are searched manually;
however, some of the land-based ports have scanners capable of
detecting organic material for use during high traffic hours. For large
shipments through Iguaz[uacute], SENASA officials must be notified 15
days in advance and can reject the shipment if the documentation is
incomplete or appears to be fraudulent. All exporters and importers
must be registered with SENASA, and the shipment must be accompanied by
a permit. The shipment information is then entered into a database.
During the November 2003 site visit, the APHIS team visited several
potentially risky border stations, such as the crossings between
Argentina and Bolivia. There is heavy local traffic between these ports
with many individuals carrying personal food supplies between
countries, which are not likely to pose a significant risk to
aviculture.
Any illegal items found at border crossings are confiscated,
sprayed with methylene blue or a similar solution to denature them, and
incinerated. Each local office keeps records of interceptions for 2
years. A review of records at several local offices indicated that
there had been no interceptions of live birds and that avian products
had been limited to eggs intended for local sale across the border or
small amounts of chicken meat.
After the land-based border checkpoints, there are also additional
control points where vehicles, including passenger buses, are stopped
and inspected. Only some of these checkpoints employ SENASA personnel,
but all have some type of border surveillance personnel. Many of the
border control points visited by APHIS staff have facilities to spray-
treat vehicles. These points are also located on roads where there are
no alternative routes into the country, therefore ensuring that all
vehicles would have to pass through these stations.
For boat crossings, all of the crossings are staffed by customs
officials and land forces, but not all have permanent SENASA staff.
However, the workers are instructed to look for prohibited animal and
plant substances.
Smuggling is also a potential problem in Argentina. The amount of
smuggling fluctuates depending on the local economy and the exchange
rates between neighboring countries. Additionally, much of the material
smuggled through ports such as Iguaz[uacute] and the Bolivian border
stations is likely to be for local use instead of commercial trade and
sale. In the past, SENASA officials have been able to discover illegal
shipments and either destroy the animals or test them for END and
release them once they were diagnosed as clean.
[[Page 49204]]
Officials in Argentina have the authority, procedures, and
infrastructure to enforce effectively the system of permits,
inspection, quarantines, and treatments that the country has in place
to control animals and animal products. APHIS did not identify any
specific limitations in the system that might pose an END risk to the
United States.
Livestock Demographics and Marketing Practices
Aviculture is Argentina's second largest livestock production
industry with 521,766 tons (over 260 million birds) of poultry meat
production in 2002 and 687,653 tons (over 343 million birds) of
production in 2001. The most recent census, which only covers the first
months of 2003, indicate that there are over 96 million birds in
Argentina, with most of the commercial poultry population (90 percent)
contained in the Buenos Aires and Entre R[iacute]os provinces. This
number is expected to increase as more broilers are hatched and raised
for meat production throughout the year. These numbers are taken from
RENSPA, the National Livestock Census, and information gathered from
the poultry industry. Argentina has been exporting meat to the EU for
several years. Disease control and surveillance programs are in place
for poultry that specifically target END.
Registration for farms and properties with birds fall into two
categories: Commercial production farms or premises with birds. The
commercial production farm category is further divided into
reproduction farms, broilers, hatcheries, layers, other commercial bird
farms (e.g. turkey, quail, etc.), and farms of organically raised
chickens. For premises with birds, the category is divided into house
birds kept mainly for consumption of meat or eggs by families, purebred
birds routinely gathered at bird shows (including fighting birds,
messenger pigeons, ornamental birds), and field birds produced semi-
intensively for consumption by their owners.
For commercial birds, the number of birds per type of production is
laid out in table 1. The commercial farms in Argentina typically are
operated under a vertical integration system so that breeding flocks,
incubating farms, broilers, feed mills, slaughter plants, and
diagnostic laboratories all operate under the same company name.
Commercial broiler production farms have an average of 4 to 5 barns,
each with a bird population density of 10 to 12 birds per square meter.
The birds are the same age at the farm so that when the birds are sent
to slaughter, the barn is empty. Breeding farms have an average of 2 to
3 barns, each with 4 to 5 females per male and 4 to 5 female birds per
square meter. Again, the birds at the farm are the same age.
APHIS did not identify any factors in this category that might pose
an animal health risk to the United States if poultry or poultry
products were to be imported from Argentina.
Table 1.--Number of Birds per Type of Production
------------------------------------------------------------------------
Number of
Type of bird birds
------------------------------------------------------------------------
Commercial broilers..................................... 70,000,000
Heavy breeding flocks................................... 3,300,000
High yielding hens...................................... 18,000,000
Light breeding flocks................................... 500,000
High yielding stocking hens............................. 4,300,000
Turkeys................................................. 125,000
------------------------------------------------------------------------
Detection and Eradication of Disease
END has been effectively controlled and eradicated from commercial
poultry populations in Argentina. Although END still exists in the wild
pigeon population, adequate controls are in place to ensure that spread
to commercial flocks does not occur. The Argentine Government also has
taken precautions following the END outbreaks in the 1980s and more
recent FMD outbreaks to better protect the country from the
introduction of animal diseases. Given the above information, APHIS
considers the likelihood of an END outbreak occurring in Argentina to
be low.
Certification Requirements
As noted previously, we are proposing to add Argentina to the list
of regions in Sec. 94.26 and therefore require further certification
of the END-free status of any poultry or poultry products imported into
the United States from Argentina. An END-free region may be added to
this list when it supplements its meat supply with imports of fresh
(chilled or frozen) poultry meat from a region where END is considered
to exist; has a common land border with an END-affected region; or
imports live poultry from an END-affected region under conditions less
restrictive than would be acceptable for importation into the United
States. As previously noted, Argentina shares land borders with Brazil
and Bolivia, both of which have experienced recent END outbreaks. Thus,
even though we are proposing to declare Argentina free of END, there is
a risk that poultry or poultry products originating in Argentina may be
commingled with poultry or poultry products originating in an END-
affected region.
Adding Argentina to the list of regions in Sec. 94.26 would mean
that live poultry, poultry meat and other poultry products, and ship
stores, airplane meals, and baggage containing such meat or animal
products originating in Argentina could not be imported into the United
States unless the requirements described below were met. For all
poultry and poultry products, each shipment would have to be
accompanied by a certification by a full-time salaried veterinary
officer of the Government of Argentina that would have to be presented
to an authorized inspector at the port of arrival in the United States.
The certification for live poultry would have to state that:
The poultry have not been in contact with poultry or
poultry products from any region where END is considered to exist;
The poultry have not lived in a region where END is
considered to exist; and
The poultry have not transited through a region where END
is considered to exist unless moved directly through the region in a
sealed means of conveyance with the seal intact upon arrival at the
point of destination.
The certification accompanying poultry meat or other poultry
products would have to state that:
The poultry meat or other poultry products are derived
from poultry that meet all requirements of Sec. 94.26 and that have
been slaughtered in a region designated in Sec. 94.6 as free of END at
a federally inspected slaughter plant that is under the direct
supervision of a full-time salaried veterinarian of the national
government of the exporting region and that is approved to export
poultry meat and other poultry products to the United States in
accordance with the regulations of the U.S. Department of Agriculture's
Food Safety and Inspection Service (FSIS) in 9 CFR 381.196;
The poultry meat or other poultry products have not been
in contact with poultry meat or other poultry products from any region
where END is considered to exist;
The poultry meat or other poultry products have not
transited through a region where END is considered to exist unless
moved directly through the region in a sealed means of conveyance with
the seal intact upon arrival at the point of destination; and
If processed, the poultry meat or other poultry products
were processed in a region designated in Sec. 94.6 as free of END in a
federally inspected
[[Page 49205]]
processing plant that is under the direct supervision of a full-time
salaried veterinarian of the Government of Argentina.
Adding Argentina to the list of regions in Sec. 94.26 would
necessitate several editorial changes to that section. Currently, Sec.
94.26 focuses exclusively on END-free regions within Mexico and has
language specifically tailored to address those regions. In order to
include Argentina in Sec. 94.26, it would be necessary to remove
specific references to the Government of Mexico and replace them with
more general references to the national government of the exporting
region.
Conclusion
Results of our evaluation indicate that the Argentine Government
has the laws, policies, and infrastructure to detect, respond to, and
eliminate any reoccurrence of END.
These findings are described in further detail in a qualitative
evaluation that may be obtained from the person listed under FOR
FURTHER INFORMATION CONTACT and may be viewed on the Internet at http://www.aphis.usda.gov/vs/reg-request.html
by following the link for
current requests and supporting documentation. The evaluation documents
the factors that have led us to conclude that commercial poultry in
Argentina are END-free. Therefore, we are proposing to recognize
Argentina as free of END, add that country to the list in Sec. 94.6 of
regions where END is not known to exist, and amend Sec. 94.26 to
include Argentina in the list of regions that must provide further
certification of the END-free status of any poultry or poultry products
exported to the United States.
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 the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
Under the regulations in 9 CFR part 94, the importation into the
United States of poultry and poultry products that originate in or
transit any region where END exists is generally prohibited.
Furthermore, even if a region is considered free of END, the
importation of poultry and poultry products from that region may be
restricted depending on the region's proximity to or trading
relationships with countries or regions where END is present.
This proposed rule would amend the regulations by adding Argentina
to the list of regions considered free of END. However, since Argentina
shares borders with regions that the United States does not recognize
as free of END, we are also proposing that Argentina meet additional
certification requirements for live poultry and poultry products
imported into the United States to ensure that the imports are free
from END.
Over the past several years, Argentina's poultry industry has
increased substantially as shown in table 2. Although Argentina exports
eggs, which typically are destined to Denmark, the main export for
Argentina is poultry meat. Argentina exports poultry meat and products
to 34 countries, with Chile expected to be the largest importer. In
2003, Argentina exported $22 million of poultry meat including whole
broilers (36 percent), chicken paws (30 percent), processed meat from
layers (5 percent), and other products and byproducts such as wings,
nuggets, burgers, offal, and breasts (29 percent). Exports for poultry
meat in 2004 are projected at 70,000 tons, almost twice the amount
exported in 2003. In 2005, exports are projected to reach 110,000
metric tons.
Table 2.--Poultry Exports, Imports, and Production in Argentina
[In metric tons]
----------------------------------------------------------------------------------------------------------------
Poultry Poultry Poultry
Year imports exports production
----------------------------------------------------------------------------------------------------------------
1998............................................................ 65,215 18,936 930,247
1999............................................................ 55,608 17,097 982,860
2000............................................................ 45,683 19,187 1,000,260
2001............................................................ 26,661 21,243 993,122
2002............................................................ 1,196 30,501 972,870
----------------------------------------------------------------------------------------------------------------
Source: FAOSTAT Argentina Poultry, last accessed November 2004.
In 2003, poultry production in the United States totaled 38.5
billion pounds for a total value of $23.3 billion. Broiler meat
accounted for $15.2 billion (65 percent) of this value in 2003. The
remaining worth was comprised of the value of eggs ($5.3 billion),
turkey ($2.7 billion), and other chicken products ($48 million). The
United States is also the world's largest exporter of broilers, with
broiler exports totaling 4.93 billion pounds, the equivalent of $1.5
billion, in 2003. Imports of broiler products into the United States in
2003 totaled 12 million pounds, or less than 1 percent of the domestic
production.
In 2002, there were approximately 32,006 broiler and other meat
producing chicken farms in the United States, as shown in table 3.
Under the Small Business Administration's size standards, broiler and
other meat production chicken farms with less than $750,000 in annual
sales, which is the equivalent of 300,000 birds, qualify as small
businesses. Given this information, about 20,949, or 64.5 percent of
all broiler operations, qualify as small businesses.
Table 3.--Number of Farms Selling Broilers and Other Meat-Type Chickens, 2002
----------------------------------------------------------------------------------------------------------------
Average sales per
Number sold Farms Number farm
----------------------------------------------------------------------------------------------------------------
Broilers and other meat-type chickens.......................... 32,006 8,500,313,357 $766,498
1 to 1,999..................................................... 10,869 1,146,308 304
2,000 to 15,999................................................ 406 2,871,466 20,412
16,000 to 29,999............................................... 206 4,420,530 61,932
30,000 to 59,999............................................... 444 19,732,838 128,267
[[Page 49206]]
60,000 to 99,999............................................... 1,060 84,498,647 230,066
100,000 to 199,999............................................. 3,311 498,386,958 434,425
200,000 to 299,999............................................. 4,653 1,137,668,155 705,651
300,000 to 499,999............................................. 5,754 2,191,324,340 1,099,118
500,000 or more................................................ 5,303 4,560,264,115 2,481,853
----------------------------------------------------------------------------------------------------------------
Source: 2002 Census of Agriculture, Table 27.
Broiler production in the United States is concentrated in a group
of States stretching from Delaware south along the Atlantic coast to
Georgia, then westward through Alabama, Mississippi, and Arkansas.
These States accounted for over 70 percent of broilers in the United
States in 2003. The top five broiler producing States are Georgia,
Arkansas, Alabama, Mississippi, and North Carolina, whose 2002 broiler
sales are listed below in table 4.
Table 4.--Number of Farms Selling Broilers in Selected States, 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total for
North top five
Number of broilers sold per farm U.S. total Alabama Arkansas Georgia Mississippi Carolina producing
States
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 to 1,999................................................... 10,869 89 79 46 104 13 331
2,000 to 59,999.............................................. 1,056 20 103 49 86 101 359
60,000 to 99,999............................................. 1,060 57 199 84 97 158 595
100,000 to 199,999........................................... 3,311 385 634 25 210 539 1,793
200,000 to 499,999........................................... 10,407 1,328 1,927 1,335 883 1,284 6,757
500,000 or more.............................................. 5,303 72 578 959 548 349 2,506
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2002 Census of Agriculture State Data Table.
Poultry meat imported from Argentina could potentially affect the
United States poultry industry. Consumers would benefit from any price
decreases for poultry and poultry products, while producers would
potentially be negatively affected by more competitive prices. However,
the amount of poultry or poultry products that may be imported from
Argentina is not expected to have a significant impact on poultry
consumers or producers in the United States. In 2003, Argentina
exported a total of $22 million worth of poultry and poultry products
while the United States produced $15.2 billion worth of broilers. Given
these numbers, any exports from Argentina are not likely to be in
quantities sufficient to have a significant impact on U.S. poultry
producers, and we do not anticipate that any U.S. entities, small or
otherwise, would experience any significant economic effects as a
result of this proposed action. It should also be noted that Argentina
is not currently eligible to export poultry products to the United
States under the FSIS regulations cited earlier in this document; there
would, therefore, be no economic effects on U.S. entities until
establishments in Argentina were approved to export poultry meat and
other poultry products to 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 12988
This proposed rule has been reviewed under Executive Order 12988,
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
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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, we propose to amend 9 CFR part 94 as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
1. The authority citation for part 94 would continue to read as
follows:
Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 94.6 [Amended]
2. In Sec. 94.6, paragraph (a)(2) would be amended by adding the
word ``Argentina,'' before the word ``Australia,''.
3. Section 94.26 would be amended as follows:
a. In the introductory text of the section, the first sentence
would be amended by removing the words ``The Mexican'' and adding the
words ``Argentina and the Mexican'' in their place.
b. In paragraph (a), the words ``Government of Mexico'' would be
removed and the words ``national Government of the exporting region''
would be added in their place.
c. In paragraph (c)(1), the words ``Government of Mexico'' would be
removed and the words ``national
[[Page 49207]]
Government of the exporting region'' would be added in their place.
d. In paragraph (c)(4), the words ``Government of Mexico'' would be
removed and the words ``national Government of the exporting region''
would be added in their place.
Done in Washington, DC, this 17th day of August 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-16689 Filed 8-22-05; 8:45 am]
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