I. PURPOSE

This directive provides the latest instructions to Food Safety and Inspection Service (FSIS) inspection program personnel (IPP) on Animal Plant Health Inspection Service (APHIS) requirements regarding the receipt, slaughter, and inspection of live cattle, sheep, and goats imported or originating from Canada. This directive represents the sole policy regarding importation of Canadian cattle for immediate slaughter and supersedes any instructions in any previous issuance.  This directive is being revised to include recent changes to the APHIS requirements for establishments importing live ruminants from Canada as previously described in FSIS Notice 44-19, Reminder for FSIS Inspection Program Personnel of Verification Requirements of Canadian Ruminants Imported for Slaughter and to update instructions for completing and distributing forms. 

KEY POINTS:

• Any slaughter facility receiving live ruminants from Canada for slaughter must implement procedures to ensure that each animal is eligible for slaughter
• IPP are to verify that each slaughter facility receiving live ruminants for slaughter has a written program in place to verify each individual animal identification (ID) against the Canadian export health certificate
• IPP are authorized to condemn any non-ambulatory disabled (NAD) Canadian cattle found upon arrival

II. CANCELLATION

FSIS Directive 9530.1 Revision 1, Importation of Live Canadian Cattle, Sheep, and Goats into the United States, 12/22/11

III. BACKGROUND

A. In a Federal Register notice issued by APHIS on November 28, 2005, “Bovine Spongiform Encephalopathy (BSE); Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products” (hereafter referred to as “Minimal-Risk Region rule”), APHIS broadened the definition of who is authorized to break seals on conveyances importing certain ruminants (e.g., cattle, sheep, goats, and bison) from Canada (9 CFR 93.400). This provision did not change following implementation of the BSE Comprehensive Rule published in December 2013 and implemented in March of 2014 [Docket No. APHIS–2008–0010] that supersedes the Minimal-Risk Region rule. FSIS IPP are not required to be present or available when the trucks arrive with ruminants from Canada if another authorized person (e.g., authorized establishment employee) is available to break the seals.

B. The APHIS regulatory definition of ruminants includes bovines (Bos taurus, Bos indicus, and Bison bison) as well as other animals which chew the cud, such as sheep, goats, buffaloes, deer and antelope. “Cattle” refers only to the genus Bos. This directive only includes instructions for cattle, sheep, and goats. Instructions for how these requirements apply to exotic bovines (e.g., bison) are found in FSIS Directive 12,600.1, Voluntary Reimbursable Inspection Services.

C. APHIS requires that official establishments seeking approval to receive Canadian bovines for immediate slaughter and authorization for slaughter establishment employees to break APHIS seals enter into an agreement with APHIS before such employees can break APHIS seals. Approved official establishments are issued APHIS Veterinary Services (VS) Form 17-36, “Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals” or are listed as an approved establishment on the APHIS website. Instructions for completing VS Form 17-36 were updated on May 20, 2019, and now require written procedures for verifying individual animal IDs against the Canadian export health certificate and approved by APHIS VS.

D. In 9 CFR 93.419 and 9 CFR 93.420, APHIS requires that ruminants imported from Canada for slaughter are to bear unique official ID (e.g., an official ear tag) and are to be accompanied by a Canadian export health certificate.

E. Feeder cattle imported from Canada and finished in United States (U.S.) feedlots with official ID are handled as any domestic livestock and may be slaughtered without restriction. APHIS recognizes any appropriately applied and recognized U.S. or Canadian brands, conventional ear tags, radio frequency identification (RFID) ear tags, or other animal ID approved by the APHIS Administrator. Questions about any Canadian ID can be directed to APHIS’ Veterinary Services Strategy and Policy through the APHIS Northern Border Port Veterinarian in Charge (NBP VIC). The NBP VIC supervises the APHIS Immediate Slaughter Program.

NOTE: APHIS VS NBP VIC and APHIS VS Strategy and Policy, Live Animal Imports contact information can be found at the following link: Veterinary Services Contacts.

F. Official establishments that slaughter and process cattle of any age from any source are subject to verification requirements for the segregation, removal, and disposal of specified risk materials (SRMs) in 9 CFR 310.22 and FSIS Directive 6100.4, Verification Instructions Related to Specified Risk Materials. This does not apply to exotic bovines, such as bison, slaughtered under voluntary inspection.

G. The restrictions on sheep and goats in the APHIS BSE Comprehensive Rule [Docket No. APHIS– 2008–0010] have not changed. Sheep and goats must be less than 12 months old and must not be pregnant to be eligible for slaughter. IPP are still to verify that establishments ensure the eligibility of sheep and goats arriving for immediate slaughter and from feedlots.

IV. SEALS, HANDLING, AND DOCUMENTATION ASSOCIATED WITH CANADIAN CATTLE TRANSPORTED UNDER APHIS RESTRICTION FOR IMMEDIATE SLAUGHTER

A. On issuance of this revised directive, IPP are to verify each official establishment receiving Canadian cattle for slaughter has a written program in place to verify each individual animal ID against the Canadian export health certificate for all cattle imported for slaughter. If IPP find that an establishment does not have a program to verify the ID of each Canadian animal or the establishment does not implement the program, they are to notify the District Office (DO). The DO is to notify APHIS VS (NBP VIC). IPP are to follow the directions in Section VI, below, for the appropriate actions to take if the establishment does not have a program in place. As part of their oversight, APHIS VS will re-inspect the establishments receiving Canadian ruminants at least twice annually to review their written receiving programs.

B. For cattle from Canada arriving at the establishment for immediate slaughter under APHIS restriction, IPP are to verify before ante-mortem (AM) inspection that:

1. The establishment is approved by APHIS to receive such restricted cattle (see background above);
2. If IPP are present, such loads arrive with an intact Canadian government seal or a U.S. government seal;
3. All Canadian cattle in each load are unloaded and penned separately from domestic cattle. When necessary, the establishment may commingle separate loads of Canadian livestock in the same pen; and
4. The establishment presents the following documentation with the seals to IPP for each load of Canadian cattle:
   • a. A VS Form 17-33, “Animals Imported for Immediate Slaughter”; and
   • b. A Canadian export health certificate.

NOTE: The VS Form 17-33 lists the receiving establishment, the number of animals, and other related information. The Canadian health certificate provides the number of animals, the official ear tag number, sex, approximate age, breed, and additional information.

C. Once the establishment segregates, identifies, and presents to IPP all Canadian non-ambulatory disabled (NAD), dead on arrival (DOA), and dead in pen (DIP) cattle, IPP are to:

1. Condemn any NAD Canadian cattle;
2. Verify that the establishment handles NAD cattle humanely and promptly euthanizes such animals as necessary; and
3. Account for all Canadian DOA and DIP on official documents associated with each shipment and in PHIS.

D. During AM inspection, IPP are to verify that:

1. Each animal in each load of Canadian cattle has an official Canadian Food Inspection Agency (CFIA) ear tag or ID;
2. The number of cattle on the truck, pen, or lot at the time of AM inspection is not greater than the number of cattle listed on the associated VS Form 17-33, “Animals Imported for Immediate Slaughter,” or the Canadian health certificates;
3. The establishment follows its procedures to ensure that the VS Form 17-33, “Animals Imported for Immediate Slaughter,” or the Canadian health certificate does not list any cattle that are not in the shipment; and
4. Any individual animal missing an official ID tag or found with an incorrect official ID (or an official ID not listed on the Canadian health certificate), is to be withheld from slaughter and controlled with a U.S. Retained/Rejected tag (Form 6502-1, “U.S. Rejected - U.S. Retained”) in the pen holding such cattle until the NBP VIC has been notified and IPP have received sufficient guidance (e.g., instructions via email or facsimile or corrected paperwork) from the NBP VIC.

NOTE: To “hold” the animals means that the establishment segregates the affected animals and does not move them to slaughter or outside the official premises. In all cases, the establishment is to move animals off the means of transportation, into an area or pen at the official establishment, and handle such livestock humanely. To execute the holding of animals and to restrict their movement, IPP are to apply an FSIS U.S. Retained/Rejected tag to the pens containing the affected animals. Under the Memorandum of Understanding (MOU) with APHIS and the Animal Health Protection Act, FSIS personnel are to contact the APHIS NBP VIC, through the FSIS DO.

E. During post-mortem (PM) inspection, IPP are to verify that:

1. The Canadian cattle are slaughtered together as a lot. The establishment may request authorization from IPP to slaughter sub-lots for operational reasons; and
2. The establishment maintains the identity of each animal (or lot of animals) of Canadian origin until PM inspection is completed per 9 CFR 310.2. See FSIS Directive 6100.2, Post-mortem Livestock Inspection.

V. SHEEP AND GOATS SHIPPED TO AN OFFICIAL ESTABLISHMENT AFTER BEING SHIPPED FROM CANADA TO A FEEDLOT IN THE U.S.

A. Under the MOU with APHIS, if sheep and goats originally from Canada are shipped first to a U.S. feedlot and then to an official establishment, IPP are to verify that:

NOTE: VS Form 17-33, “Animals Imported for Immediate Slaughter” is not required for sheep and goats arriving from a U.S. feedlot.

1. The establishment has a written program in place to verify each individual animal ID against the associated Canadian export health certificate for all sheep and goats received for slaughter;
2. A VS Form 1-27, “Permit for Movement of Restricted Animals” and a Canadian health certificate accompany each shipment. The VS Form 1-27, “Permit for Movement of Restricted Animals,” lists the unique ID number of each animal transported on the vehicle and the official seal numbers;
3. The establishment follows its procedures to ensure that the VS Form 1-27, “Permit for Movement of Restricted Animals,” does not list any sheep or goats that are not in the shipment;
4. The establishment or IPP identify any or all Canadian sheep and goats without an official CFIA ear tag or “CAN” brand. IPP are to apply a U.S. Retained/Rejected tag to the pens, and the Public Health Veterinarian (PHV) is to contact the DO so that the DO can notify the APHIS NBP VIC; and
5. All such restricted sheep and goats are slaughtered as a lot. The establishment may request authorization from IPP to slaughter sub-lots for operational reasons.

NOTE: Sheep and goats originating from Canada may leave the feedlot at different times. Thus, the Canadian health certificates may have more animals listed than on the VS Forms 1-27, “Permit for Movement of Restricted Animals,” and there may be more than one Canadian health certificate attached to the VS Forms 1-27. These circumstances are foreseeable and acceptable.

B. If an establishment moves sheep or goats to slaughter that had to be retagged at the feedlot (e.g., tags were lost), and all the animals are listed on one Canadian health certificate, the following is required:

1. VS Form 1-27, “Permit for Movement of Restricted Animals,” that lists the unique ID number of each animal transported on the vehicle and the official seal numbers;
2. A copy of the Canadian health certificate that contains the ID numbers of the sheep or goats on the vehicle and the additional “retag” numbers or a separate document with the Canadian ID number cross-referenced to the additional “retag” numbers as well as to the Canadian health certificate reference number. This document with the Canadian ID number should be attached to the appropriate Canadian health certificate. IPP are to follow the directions in Section VI, below, for the appropriate actions to take if any of this documentation is not present. The documents need to contain the printed name and signature of the accredited veterinarian, State representative, or USDA representative who prepared them and the date on which they were signed; and
3. VS Form 17-130, “Ruminants Imported to Designated/Approved Feedlots,” which identifies the feedlot of destination.

NOTE: It is acceptable to have more than one truck listed on the VS Form 1-27 “Permit for Movement of Restricted Animals.” However, the first page of the form must list all official seal numbers, and a copy of the VS Form 1-27 must accompany each truck.

C. If an establishment moves sheep or goats to slaughter that required retagging at the feedlot (e.g., tags were lost), and the sheep or goats are listed on any one of two or more Canadian health certificates, the following is required:

1. VS Form 1-27, “Permit for Movement of Restricted Animals,” that lists the unique ID number of each sheep and goat transported on the vehicle and the official seal numbers;
   • NOTE: These sheep and goats are moved as a group.
2. Copies of all Canadian health certificates that contain the ID numbers of the sheep or goats on the vehicle and the additional “retag” numbers, or a separate document with the Canadian ID numbers cross-referenced to the additional “retag” numbers as well as to the Canadian health certificate reference numbers. This document should be attached to the appropriate Canadian health certificates. The documents need to contain the printed name and signature of the accredited veterinarian or State or USDA representative who prepared them and the date on which they were signed; and
3. Copies of all VS Form 17-130s, “Ruminants Imported to Designated/Approved Feedlots.”

VI. ACTIONS TAKEN WITH NONCONFORMANCE OF APHIS REQUIREMENTS

A. Examples of APHIS nonconformance include:

1. Establishment is not approved to receive Canadian cattle, sheep, or goats or not authorized to break APHIS seals;
2. Establishment does not have a program in place to verify each individual animal ID against the associated Canadian export health certificate for all ruminants imported for slaughter;
3. Receipt of livestock ineligible for immediate slaughter;
4. Missing or tampered seals on the trailer upon arrival;
5. Receipt of Canadian cattle, sheep, or goats without required tags or animal identification;
6. Receipt of more animals than listed on official documentation;
7. Missing applicable VS Forms as described above (i.e. VS 17-33, “Animals Imported for Immediate Slaughter,” VS 1-27, “Permit for Movement of Restricted Animals,” or VS 17-130 “Ruminants Imported to Designated/Approved Feedlots) or the Canadian health certificate; or
8. Establishment failure to segregate Canadian livestock from domestic cattle, sheep, or goats on arrival and maintain identity until PM inspection is completed.

B. When IPP determine that there is nonconformance with APHIS requirements, or that the establishment has failed to identify and alert IPP or APHIS regarding a nonconformance with APHIS requirements, IPP are to:

1. Institute a hold on the individual affected live animals or the entire pen or lot with a U.S. Retained/Rejected tag and promptly contact the NBP VIC through the DO for instructions. See note above regarding holding of livestock;
2. Collect and hold for the NBP VIC all means of identification (i.e., ear tags, associated documentation (e.g. VS Forms 1-27, “Permit for Movement of Restricted Animals,” health certificates, and IPP observations)) of any ineligible Canadian livestock dead, euthanized, or already slaughtered;
3. Notify the NBP VIC through the DO when the establishment receives Canadian livestock ineligible for slaughter;
4. Verify disposition of such livestock or follow instructions given orally or in writing by the NBP VIC once it is determined what should be done with livestock ineligible for slaughter, or that an establishment is not meeting APHIS requirements; and
5. Document any discrepancies with APHIS requirements, trends in discrepancies, and resolution under a memorandum of interview (MOI) in the Public Health Information System (PHIS).

VII. RECORDS - COMPLETING AND DISTRIBUTING FORMS

A. For cattle from Canada that were shipped for immediate slaughter, after the slaughter of the cattle (this includes receipt of any pathology or other sampling results (e.g., tuberculosis)), the Public Health Veterinarian (PHV) is to:

1. Sign and date VS Form 17-33, “Animals Imported for Immediate Slaughter;”
2. Maintain in the inspection file for 5 years a copy of the VS Form 17-33, “Animals Imported for Immediate Slaughter,” the Canadian health certificate, and any other documentation arriving with the shipment; and
3. Send a copy of the signed and dated VS Form 17-33, “Animals Imported for Immediate Slaughter,” (Part 3) to the Port of Entry as written on the form within 14 calendar days of receipt.

NOTE: Animals may arrive with forms in addition to the VS Form 17-33, “Animals Imported for Immediate Slaughter,” and Canadian health certificate (e.g., farm records, age verification documents, shipping information, and bills of lading). IPP are to maintain copies of any additional documents in the inspection file for 5 years.

B. After slaughter of sheep and goats shipped to an official establishment after being shipped from Canada to a feedlot in the U.S., the PHV is to:

1. Sign and date VS Form 1-27, “Permit for Movement of Restricted Animals”;
2. Maintain in the inspection file for 5 years a copy of the VS Form 1-27, “Permit for Movement of Restricted Animals,” Canadian health certificate (see above), and any other documentation arriving with the shipment; and
3. Send a copy of the signed and dated VS Form 1-27, “Permit for Movement of “Restricted Animals”, within 14 calendar days, (Part 2) to the local APHIS office.

VIII. QUESTIONS

Refer questions regarding this directive to your immediate supervisor or to the Office of Policy and Program Development through askFSIS or by telephone at 1-800-233-3935. When submitting a question, complete the web form and select General Inspection Policy for the Inquiry Type.