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Wednesday, April 16, 2008

White House Sitting on Mad Cow Rule

The Bush administration continues to delay a rule that could protect the public from being exposed to mad cow disease. The Food and Drug Administration rule would prohibit farms from using certain animal by-products as feed for cattle. (FDA rules already prohibit some similar kinds of feed. The current FDA proposal would strengthen existing regulations.)

Allowing cattle to feed on the rendered meat, bones, or blood of other cattle raises the risk of mad cow, also known as Bovine Spongiform Encephalopathy (BSE). According to the agency, "FDA believes that the final rule would effectively remove about 90 percent of any remaining BSE infectivity from possible spread through the animal feed system. The U.S. economy may also benefit from increased exports to the extent that the rule persuades foreign governments to import U.S. beef products. While we are unable to quantify these benefits, they are potentially large…"

Even though FDA believes the benefits to be "potentially large," the White House is likely more concerned about the potential costs to the agriculture industry. The FDA rule has been stuck at the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget since November. Under Executive Order 12866, agencies must submit significant rules to OIRA for a review period; but OIRA is supposed to finish up its review within 90 days and may extend the review period once by only 30 days. That time limit expired in early March.

While reviewing the rule, OIRA and FDA have met with industry representatives on two occasions. A January 17 meeting included representatives from the American Meat Institute and the National Cattleman's Beef Association which opposes the rule as it is currently written.

The delay is emblematic of the Bush administration's policy on preventing mad cow disease. Since the first U.S. case of mad cow was discovered in December 2003, the administration's policy has been one of inaction and broken promises. The administration has also shied away from an animal identification system that could speed up the response time of public health officials in the event of an emergency.

For more on the Bush administration's policies on mad cow disease, read the OMB Watch, Center for Science in the Public Interest, and Consumer Federation of America paper "Cow Sense: The Bush Administration's Broken Record on Mad Cow Disease."

Reg•Watch Update: "With White House Blessing, FDA Finalizes Mad Cow Rule"