SENATOR'S LETTER/CANADIAN BAN

April 7, 2004

The Honorable Ann Veneman
Secretary
United States Department of Agriculture
14th Street & Independence Avenue, SW
Washington, DC 20250

Dear Madam Secretary:

We write on an issue of great importance to both cattle producers and U.S. consumers alike. Today, we comment upon and request that you withdraw the proposed United States Department of Agriculture (USDA) rule that would lift the ban on imports of live cattle from Canada as well as extend and expand existing imports of beef products. We believe it is premature to lift the ban on imports of live cattle from a country with two documented cases of bovine spongiform encephalopathy (BSE), or Mad Cow Disease, diagnosed within a seven-month period and urge you not to do so.

We believe that the May 29, 2003 action to ban the importation of live Canadian ruminants and ruminant products was necessary to prevent the introduction of BSE into the United States, and we are hopeful that you will continue to keep this ban in place. However, we are deeply concerned that subsequent actions by USDA/APHIS are placing U.S. consumers and cattle producers at risk.

It is apparent from developments over the past month that USDA policy regarding control of BSE is in a state of flux. In just the past several weeks, USDA has dramatically increased the level of BSE testing in U.S. cattle. It is our understanding that the number of cattle targeted for testing has gone from about 20,000 head of cattle to 40,000, then to more than 200,000, and to possibly more than 400,000 head. While USDA appears determined to significantly increase its BSE testing, we are concerned that you are not requiring Canada to meet the same high standards and have, in fact, placed a much greater burden on U.S. cattle producers than on those who are the source of the contamination. We are further concerned that Canadian BSE control measures are far less rigorous than those required by USDA, particularly given that BSE was discovered in Canadian cattle herds. We understand that Canada intends to test only 8,000 cattle this year, less than 5 percent of the number we will test.

While no native case of BSE has been discovered in the United States, USDA actions have increased the cost burden on our producers for BSE prevention. Such actions have not only made the U.S. less competitive in the global market from a cost standpoint, but have unduly increased the concerns of our trading partners over the safety of U.S. beef, even though there is no scientific evidence that BSE exists in our native cattle herds.

The proposed USDA/APHIS rules creating a "BSE minimal-risk region" do not conform with international standards for "minimal BSE risk" set by the world organization for animal health, the Office International des Epizooties (OIE). Under OIE criteria, Canada is a "moderate BSE risk" country. We are deeply concerned that the proposed regulations, which would permanently weaken the health and safety standard for importation of live cattle and beef into the U.S., could result in imports from other countries with cattle herds that conclusive scientific evidence shows are infected with BSE. We do not believe USDA should lower U.S. standards that are currently in place for detection and prevention of animal diseases. We urge you not to abandon the USDA/APHIS mission of protecting and safeguarding America’s borders and ensuring that the health of America’s agriculture is not threatened.

The proposed rule weakens APHIS regulations that currently restrict imports of cattle and beef from countries, such as Canada, that have BSE. We urge you to withdraw it.

Respectfully,

Michael B. Enzi
United States Senator

Pete Domenici
United States Senator

Craig Thomas
United States Senator