DeLauro Questions Safety of New Poultry Importation Rule

Washington, DC— Congresswoman Rosa DeLauro (CT-3), Ranking Member on the Labor, Health, and Human Services Appropriations Subcommittee, sent a letter to Tom Vilsack, Secretary of Agriculture, today asking him for details on their Animal and Plant Health Inspection Service (APHIS)'s new interim rule on poultry and poultry product imports from countries with histories of outbreaks of avian influenza, including the People's Republic of China.

This ruling represents a significant step towards importing poultry products from China into the United States, which has been banned by Congress through a provision in the Agriculture Appropriations bill authored by Congresswoman DeLauro.

The text of the letter is below.

January 28, 2011

The Honorable Tom Vilsack Secretary of Agriculture United States Department of Agriculture Room 200-A, Jamie L. Whitten Building 12th Street & Jefferson Drive, SW Washington, DC 20250-0002

Dear Mr. Secretary:

I am writing to express concern over an interim rule published on January 24, 2011 by the Animal and Plant Health Inspection Service (APHIS) at the United States Department of Agriculture (USDA) that would establish conditions for the importation of live birds and products from birds from countries that have had outbreaks of H5N1 avian influenza. While APHIS claims that this rule would prevent H5N1 from being introduced in the U.S., I am concerned that this rule actually would ease APHIS prohibition on any poultry products coming in from countries that have had H5N1 outbreaks.

Prior to the publication of this interim rule, APHIS regulations restricted the importation of carcasses, parts of products of carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds, from regions where Exotic Newcastle Disease (END) or Highly Pathogenic Avian Influenza (HPAI) subtype H5N1 are considered to exist. The only exception to this restriction was if these items were imported for science and research purposes.

Under the interim rule, poultry products from these regions would be allowed to be imported into the U.S. provided they are "cooked to reach a minimum internal temperature throughout" of 74 degrees Celsius or 165 degrees Fahrenheit, and processed in eligible facilities. I am concerned that this reversal in APHIS policy will remove a barrier that prevents poultry imports from countries that have experienced outbreaks of highly pathogenic avian influenza, such as China.

Please respond to the following questions about this interim rule:

• What science-based information was considered before the APHIS policy was reversed and this interim rule was published?

• According to the interim rule, APHIS established a list of regions in which HPAI of any subtype is considered to exist, including the following countries: Afghanistan, Albania, Azerbaijan, Bangladesh, Benin, Burkina Faso, Cambodia, Cameroon, China, Djibouti, Egypt, Ghana, Hong Kong, India, Indonesia, Iran, Iraq, Israel, Ivory Coast, Japan, Jordan, Kazakhstan, Kuwait, Laos, Malaysia, Myanmar, Nepal, Niger, Nigeria, Pakistan, Palestinian Autonomous Territories, Romania, Russia, Saudi Arabia, South Korea, Sudan, Thailand, Togo, Turkey, Ukraine, and Vietnam. Did APHIS visit these countries to determine the extent of the presence of HPAI before reversing its policy on this issue?

• How much staffing will be required to monitor whether each poultry product being imported from these countries are cooked to reach the minimum internal temperature?

• The process of monitoring the minimum internal temperature of poultry products would appear to be a responsibility better suited for the Food Safety and Inspection Service (FSIS). Did APHIS consult with FSIS before publishing the interim rule? Does APHIS intend to work with FSIS to implementation this part of the interim rule?

• How does APHIS intend to monitor the temperature control of the poultry products that would be allowed to be imported into the U.S. under this rule?

Thank you very much for your attention to this matter and I look forward to the response to these questions.

Sincerely,

ROSA L. DeLAURO Member of Congress