December 13, 2004

USDA: Canada Cattle Rule Will Have 60-Day Delay Provision

When the U.S. Department of Agriculture eventually publishes a final rule to lift the U.S. ban on most Canadian cattle and processed beef products, there will be a 60-day delay until it becomes effective, according to a court submission filed by the USDA.

The USDA submitted the rule, titled "Bovine Spongiform Encephalopathy; Minimal Risk Regions and Importation of Commodities," to the White House Office of Management and Budget on Nov. 19.

OMB can take a maximum of 90 days to review the rule before passing it back to USDA, which is then expected to have it published in the U.S. Federal Register.

The USDA noted the 60-day delay provision in a status report it filed with the U.S. District Court for the District of Montana on Thursday. The USDA is compelled to filed status reports with the court on the cattle rule as part of a ruling made earlier this year that stopped the USDA from allowing the importation of processed and bone-in beef products from Canada.

The USDA said the 60-day delay "coincides" with the 60-day "statutory review period provided for in the Small Business Regulatory Enforcement Fairness Act of 1996."

Canada exported 1.6 million head of total cattle in 2002 and 491,000 head through May 2003, before the U.S. enacted a ban in reaction to the announcement of a BSE case in Canada.