Browsing Posts tagged regulatory

Downsize Government

Memo ~~ USDA knows 18% of the beef consumed in the USA was imported
in 2011 because the nation does not produce enough product to feed
it’s people, yet more costly rulemaking is assessed upon producers
by bureaucrats. This document is vague and impossible to determine
the teeth, however, be assured, the devil is in the details. Once
Hammerschmidt gets this approved and mandatory he will personally
add the teath. There will be no more listening sessions or public
comments — the federales will have their way, regardless of the
majoritie’s oppositon.

Yesterday, USDA submitted it Animal Disease Traceability Rule to the
White House Office of Management and Budget for final review. See
Below.
This is one obstinate agency.

 

AGENCY: USDA-APHIS RIN: 0579-AD24TITLE: Animal Disease Traceability
Neil HammerschmidtSTAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 04/25/2012 LEGAL DEADLINE: None
RIN Data
USDA/APHIS RIN: 0579-AD24 Publication ID: Fall 2011
Title: Animal Disease Traceability

Abstract: This rulemaking would establish a new part
in the Code of Federal Regulations containing minimum
national identification and documentation requirements
for livestock moving interstate. The proposed regulations
specify approved forms of official identification for each
species covered under this rulemaking but would allow such
livestock to be moved interstate with another form of
identification, as agreed upon by animal health officials
in the shipping and receiving States or tribes. The purpose
of the new regulations is to improve our ability to
trace livestock in the event that disease is found.

Agency: Department of Agriculture(USDA)
Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage
of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 9 CFR 90
Legal Authority: 7 USC 8305
Legal Deadline: None

Statement of Need: Preventing and controlling animal disease is the
cornerstone of protecting American animal agriculture. While ranchers
and farmers work hard to protect their animals and their livelihoods,
there is never a guarantee that their animals will be spared from
disease. To support their efforts, USDA has enacted regulations to
prevent, control, and eradicate disease, and to increase foreign and
domestic confidence in the safety of animals and animal products.
Traceability helps give that reassurance. Traceability does not prevent
disease, but knowing where diseased and at-risk animals are, where they
have been, and when, is indispensable in emergency response and in
ongoing disease programs. The primary objective of these proposed
regulations is to improve our ability to trace livestock in the event
that disease is found in a manner that continues to ensure the smooth
flow of livestock in interstate commerce.

Summary of the Legal Basis: Under the Animal Health Protection Act (7
U.S.C. 8301 et seq.), the Secretary of Agriculture may prohibit or
restrict the interstate movement of any animal to prevent the
introduction or dissemination of any pest or disease of livestock, and
may carry out operations and measures to detect, control, or eradicate
any pest or disease of livestock. The Secretary may promulgate such
regulations as may be necessary to carry out the Act.

Alternatives: As part of its ongoing efforts to safeguard animal
health, APHIS initiated implementation of the National Animal
Identification System (NAIS) in 2004. More recently, the Agency launched
an effort to assess the level of acceptance of NAIS through meetings
with the Secretary, listening sessions in 14 cities, and public
comments. Although there was some support for NAIS, the vast majority of
participants were highly critical of the program and of USDA's
implementation efforts. The feedback revealed that NAIS has become a
barrier to achieving meaningful animal disease traceability in the
United States in partnership with America's producers. The option we are
proposing pertains strictly to interstate movement and gives States and
tribes the flexibility to identify and implement the traceability
approaches that work best for them.

Anticipated Costs and Benefits: A workable and effective animal
traceability system would enhance animal health programs, leading to
more secure market access and other societal gains. Traceability can
reduce the cost of disease outbreaks, minimizing losses to producers and
industries by enabling current and previous locations of potentially
exposed animals to be readily identified. Trade benefits can include
increased competitiveness in global markets generally, and when
outbreaks do occur, the mitigation of export market losses through
regionalization. Markets benefit through more efficient and timely
epidemiological investigation of animal health issues. Other societal
benefits include improved animal welfare during natural disasters. The
main economic effect of the rule is expected to be on the beef and
cattle industry. For other species such as horses and other equine
species, poultry, sheep and goats, swine, and captive cervids, APHIS
would largely maintain and build on the identification requirements of
existing disease program regulations. Costs of an animal traceability
system would include those for tags and interstate certificates of
veterinary inspection (ICVIs) or other movement documentation, for
animals moved interstate. Incremental costs incurred are expected to
vary depending upon a number of factors, including whether an enterprise
does or does not already use eartags to identify individual cattle. For
many operators, costs of official animal identification and ICVIs would
be similar, respectively, to costs associated with current animal
identification practices and the in-shipment documentation currently
required by individual States. To the extent that official animal
identification and ICVIs would simply replace current requirements, the
incremental costs of the rule for private enterprises would be minimal.

Risks: This rulemaking is being undertaken to address the animal health
risks posed by gaps in the existing regulations concerning
identification of livestock being moved interstate. The current lack of
a comprehensive animal traceability program is impairing our ability to
trace animals that may be infected with disease.

Timetable:
Action Date FR Cite
NPRM 08/11/2011 76 FR 50082
NPRM Comment Period End 11/09/2011
Final Rule 08/00/2012

Additional Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: No Government Levels

Affected: State, Tribal
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No

Agency Contact: Neil Hammerschmidt
Program Manager, Animal Disease Traceability, VS

Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 46,
Riverdale, MD 20737-1231
Phone:301 734-5571
______________________________________________________________________

 

This is re-posted without permission, I hope they don’t mind. This is a good article about food safety and the FDA. Click in the title below to go to National Center for Policy Analysis

More FDA Authority Won’t Improve Food Safety

With as many as 5,000 Americans dying every year from food-borne illnesses, consumers would obviously benefit from a safer food supply. Unfortunately, the Food and Drug Administration’s (FDA) Food Safety Modernization Act won’t help us reach that goal, says Gregory Conko, a senior fellow at the Competitive Enterprise Institute.

The real meat of the food safety legislation is its expansion of risk reduction rules called Hazard Analysis and Critical Control Points (HACCP), which already apply to meat, poultry and seafood producers. HACCP programs require companies to examine their production streams, identify points where pathogens or other hazards may enter the system and take steps to make those processes safer.

* At the margin, HACCP probably has resulted in modest safety improvements for meat, poultry and seafood; so, in theory, expanding HACCP to more facilities seems to make sense.
* As implemented by regulators, however, HACCP tends to smother firms in paperwork and impose rigid, costly and out-of-date practices that simply have not kept up with changes in the food industry.
* That rigidity also discourages firms from developing innovative new processes and practices that could deliver real food safety improvements.

The legislation also grants the FDA the power to order product recalls. With public and media pressure for authorities to “do something” any time there is a food-borne illness outbreak, an FDA with unlimited power could be expected to order recalls on countless products that are perfectly safe, with predictable impacts on prices and consumer choice, says Conko.

* Recall what happened in June 2008, when the FDA encouraged a voluntary recall of tomatoes seemingly linked to that year’s major salmonella outbreak.
* Countless supermarkets, restaurants and consumers threw out crates of tomatoes in a scare that cost the industry an estimated $100 million in losses before the FDA realized the problem was actually tainted jalapeño peppers.

In the end, increasing the FDA’s regulatory authority in this way would waste taxpayer money on activities unlikely to improve safety, while driving many small and medium-sized producers out of the market and raising the cost of the food we eat.

Source: Gregory Conko, “More FDA Authority Won’t Improve Food Safety,” Forbes, December 2, 2010.

For text:

http://www.forbes.com/2010/12/02/fda-regulation-food-safety-opinions-contributors-gregory-conko.html?boxes=opinionschannellatest

For more on Regulatory Issues:

http://www.ncpa.org/sub/dpd/index.php?Article_Category=38

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