Bovine Spongiform Encephalopathy (Mad Cow Disease): Agricultural Issues for Congress

Publication Date: November 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Agriculture, forestry and fishing

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Abstract:

Most countries banned U.S. beef after the December 2003 report of BSE (bovine spongiform encephalopathy, or mad cow disease) in a Canadian-born cow found in Washington state. Several of these markets have partially reopened. However, Japan and Korea, which together had purchased about 60% of all U.S. beef exports in 2003, remain closed. Further progress was clouded by reports of BSE in the first U.S. native-born cow, initially tested in November 2004 but not confirmed until June 2005.

Japan says it is working to finalize its rules to admit U.S. beef, following an October 2004 framework agreement to restart trade. However, Administration and industry officials, and many members of the House and Senate, have expressed frustration with the pace of Japanese rulemaking to date. Bills (S. 1922/H.R. 4179) are pending which would impose $3.14 billion in retaliatory tariffs on Japanese imports if Japan does not lift the beef ban by December 15, 2005.

USDA said that total U.S. beef exports in 2004 reached only 17% of their 2003 level of about 2.5 billion pounds; 2006 exports are expected to be 639 million pounds. However, strong domestic demand and tight cattle supplies kept U.S. cattle prices relatively high throughout 2004 and much of 2005.

Canada’s own first native BSE case was reported in May 2003. So far, a total of five native cases have been found in North America (one U.S.-born and four Canadian-born cattle). BSE-contaminated feed is considered the likely cause of infection in all cases.

Some Canadian beef has been permitted into the United States since August 2003. USDA published a final rule, on January 4, 2005, that is also now allowing younger live cattle and additional Canadian ruminant products to enter. A U.S. judge’s March 2, 2005, preliminary injunction to block the rule was reversed by an appeals court on July 14, 2005.

In Congress, the Senate on March 3, 2005, passed a joint resolution (S.J.Res. 4) to overturn the Canada rule. However, a resolution must pass the House (where similar H.J.Res. 23 was introduced) and be signed by the President, which most observers believe is unlikely. Several other BSE-related measures have been introduced, including H.R. 187, H.R. 384, H.R. 1254, H.R. 1256, H.R. 2068, H.R. 3170, H.R. 3931, S. 73, S. 108, S. 294, S. 1300, S. 1331, S. 1333, and S. 1779.

USDA and other experts contend that the risk to human health from a few U.S. BSE cases is minimal. Nonetheless, closer scrutiny has been paid to the effectiveness of BSE safeguards, which now include import restrictions on countries with BSE; a ban on downer (nonambulatory) cattle from human food; keeping from the food supply additional higher-risk animal parts; a prohibition on feeding most mammalian protein to cattle; and extensive testing and research, among other things. After 74 weeks, more than 510,000 cattle had been tested, all but one negative for BSE, under an expanded surveillance program.

The Food and Drug Administration (FDA) on October 6, 2005, proposed long-awaited rules to further restrict the cattle parts which may be used in all animal feeds.