Personal Injury Law

FDA Delays Implementing New BSE Rule

 You've got a couple more days to submit written comments to the Food & Drug Administration (FDA) on the new so-called "BSE" rule requiring  livestock renderers and animal feed manufacturers to remove the brain and spinal cord from cows 30 months and older.

The BSE  rule is intended to keep central nervous system tissue from dead cattle out of animal feed because it can cause Bovine Spongiform Encephalopathy (BSE), or Mad Cow Disease.

But the new rule will not be going into effect as scheduled on April 27th as FDA has suspended implementing it until at least June 26, 2009.

Rural congressmen and farm and ranch organizations like the National Cattlemen's Beef Association (NCBA) are telling FDA there are going to be negative unintended consequences from the BSE rule.  At the end of March, 30 congressmen signed a letter questioning the rule's impact to the acting FDA Commissioner.

'This rule has essentially ended rendering services in many parts of the country and left producers with no legal alternatives,' says NCBA's Elizabeth Parker.   'These are 1,200-pound animals. It is unrealistic and simplistic to think that producers can dispose of them in their backyards. The environmental and economic consequences are enormous, and FDA has the responsibility to consider those concerns before implementing this rule.'

Continue reading for the FDA information on how to file written comments and for additional background information.

FDA Announces Proposed Delay of BSE Final Rule Implementation

Changes made April 7, 2009, for clarification.

The Food and Drug Administration today announced a proposed delay in the implementation of the final rule entitled, "Substances Prohibited from Use in Animal Food or Feed" or more commonly referred to as the 2008 BSE final rule. The final rule, which would have gone into effect on April 27, 2009, is proposed to be delayed 60 days to June 26, 2009. The agency is taking this action in response to comments from affected parties expressing concerns about their ability to fully comply with the rule by the April 27, 2009 effective date. In addition, some affected parties are finding it difficult to identify appropriate alternate ways of disposing of material that may no longer be rendered for animal feed use once the rule takes effect.

The FDA is also providing 7 days for public comment solely on the question of whether to delay the effective date. Comments must be submitted within 7 days of publication in the Federal Register of the notice of proposed delay of effective date.

Interested persons may submit written comments on or before April 16, 2009 to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Electronic comments may be submitted to http://www.regulations.gov. Identify all submissions to the docket with the following docket number: FDA–2002–N–0031 (formerly Docket No. 2002N–0273).

Questions may be directed to Burt Pritchett, Center for Veterinary Medicine (HFV-22), FDA, 7519 Standish Place, Rockville, MD 20855, 240-453-6860, burt.pritchett@fda.hhs.gov.

For additional information, please see http://edocket.access.gpo.gov/2009/E9-8127.htm andhttp://www.fda.gov/cvm/bsetoc.html.

Full post as published by Mad Cow Blog on April 14, 2009 (boomark / email).