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Summary:
In December 2003 a Holstein dairy cow in Washington State tested positive for BSE (bovine spongiform encephalopathy, or mad cow disease), the first case discovered in the United States and the second native case in North America. (Canada confirmed a third and then a fourth case in early January 2005.) The U.S. BSE cow and the first two Canadian cows were born in Canada, before both countries banned, in 1997, the practice of feeding most ruminant material back to ruminants, including cattle. The latest Canadian case was in a cow born in March 1998. In all four cases, BSE-contaminated feed is considered the most likely cause of infection. Lower-risk Canadian beef has been permitted into the United States since August 2003. As the two new BSE cases were emerging, USDA published a final rule, on January 4, 2005, to allow younger live cattle and other additional Canadian ruminant products to enter, effective March 7, 2005. Numerous producers and several lawmakers are among those now urging USDA to retract or delay the rule. Congress has 60 legislative days to review and consider whether to override it; hearings have been scheduled. Most countries banned U.S. beef after the December 2003 U.S. discovery. Several have partially reopened. Japan and Korea, the number one and three U.S. markets, respectively, remain closed. USDA has estimated that total global exports in 2004 likely reached only 17% of their 2003 level of about 2.5 billion pounds. However, strong domestic demand and tight cattle supplies have kept U.S. cattle prices relatively high. USDA and other experts contend that the risk to human health from one or a few U.S. BSE cases is minimal. Nonetheless, USDA intensified efforts to improve BSE safeguards, including banning downer (nonambulatory) cattle from human food; keeping from the food supply additional higher-risk animal parts; accelerating work on a national animal identification system for disease purposes; and increasing funds for BSE-related activities. On January 26, 2004, the Food and Drug Administration (FDA) announced that it would strengthen its own BSE rules, banning higherrisk bovine materials from the human foods and cosmetics it regulates and tightening feed restrictions. On July 14, 2004, FDA published an interim final rule to prohibit certain cattle-derived materials in agency-regulated products. Also on July 14, 2004, FDA joined USDA in publishing an advance notice of proposed rulemaking seeking comment on possible additional preventive actions, including tighter animal feed rules. From June 2004 through mid-January 2005, nearly 180,000 mostly higher-risk U.S. cattle had been tested for BSE under a special, expanded surveillance program, all negative. In May 2004 in response to a lawsuit, USDA acknowledged it had erred administratively by permitting millions of pounds of previously suspended Canadian beef cuts to enter. A court agreement limited such imports to lower-risk beef until appropriate rulemaking (see above) is completed. However, another lawsuit against the rule has been filed. Given recent developments, BSE is expected to remain a visible issue in the 109th Congress, as it was in the 108th Congress. One bill (H.R. 187, to delay the Canada rule) has emerged; others, including prior BSE-related bills introduced but not passed, could be introduced.
