U.S. Department of Agriculture (USDA) officials testified before Congress on April 10, 2014 that the Department responsible for protecting agricultural interests in the U.S.A. will not meet the 60-day deadline to issue a proposed rule governing its new authority to regulate catfish. This new authority was met with disdain, fear and distrust by foreign catfish suppliers and countries where catfish exports represent a significant portion of trade with the U.S. During testimony, USDA admitted that a more likely timeframe for issuing a proposed rule would be in December 2014. USDA also admitted that it has no idea when the final rule would be in effect; that it depended upon how many comments the agency received in response to the proposal.
We have stated before that we do not believe USDA wants this authority. This delay does not prove our point – yet. However, USDA originally stated they would meet the deadline because it was an important issue. Now, they are admitting it is a very difficult issue.
USDA is also required to set up a Memorandum of Understanding (MOU) with the U.S. Food and Drug Administration to coordinate inspection activities (most likely during the interim period before the Catfish Rule becomes final and in effect). That effort has also been delayed. USDA originally stated that it hoped to have an MOU in place by April 2014.
Although the Catfish Rule is a concern, the MOU is a much more immediate concern. The two agencies may come to an agreement that significantly changes how imported catfish shipments are handled. We will be discussing the issue with FDA officials and will report what we learn in a later blog. Now, however, is the time for industry and government officials to increase the pressure and statements of concern about what USDA and FDA are about to do. It is inappropriate for these discussions to be happening behind closed doors. The two agencies should state their positions and have the discussion in a public forum so the industry and other interested persons can comment and provide recommendations. We will be calling for that. You should too.
To learn more about how this MOU and proposed rule will affect your business, contact us today.
