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Importation of Live Cattle from Mexico into the United States for Immediate Slaughter

FSIS directive 9700.1
Series Type 9000 Series: Exports & Imports
Issue Date Jul 02, 2013
Full Directive
9700.1.pdf

I. PURPOSE

This issuance incorporates minor changes from FSIS Notice 24-12 into a directive. This directive provides instructions to Food Safety and Inspection Service (FSIS) personnel that apply to the receiving, slaughter, and inspection of live mature and immature cattle imported from Mexico for immediate slaughter. As of January 30, 2012, cattle from Mexico may be imported for immediate slaughter under a new protocol developed by the Animal and Plant Health Inspection Service (APHIS) Veterinary Services’ (VS) National Center for Import and Export (NCIE). FSIS inspection program personnel (IPP) are authorized by APHIS to verify conformance with APHIS requirements at official establishments approved to import live cattle from Mexico for immediate slaughter.

KEY POINTS:

  • Establishments are pre-approved by APHIS before they are eligible to import and receive cattle from Mexico for immediate slaughter.
  • The Public Health Veterinarian (PHV) conducts an awareness meeting with the establishment and IPP prior to allowing the slaughter of cattle that were imported from Mexico for immediate slaughter.
  • When cattle imported for immediate slaughter from Mexico represent a new source of raw material for official establishments, establishments are required under HACCP to reassess for any new hazards associated with any new source of raw materials.
  • IPP and designated establishment employees at official establishments approved by APHIS are “authorized USDA representatives” and are eligible to break official seals on vehicles transporting restricted livestock for slaughter.
  • APHIS requires that cattle from Mexico for immediate slaughter be segregated (on the establishment premises and at all times until slaughter) from non-Mexican animals.
  • APHIS requires that cattle from Mexico to be slaughtered as a lot or sub-lots within fourteen (14) days of arrival at the establishment.
  • APHIS requires authorized representatives of the establishment (or FSIS IPP) to notify APHIS within 24 hours of livestock arriving at the establishment of any record discrepancy or nonconformance with APHIS requirements.
  • The PHV is to complete APHIS VS Form VS 17-33, Animals Imported for Immediate Slaughter, accompanying each load of Mexican cattle and return it to the port veterinarian within three (3) days of slaughter.

II. DEFINITIONS AND FORMS

A. DEFINITIONS:

  1. Hold: To “hold” the animals means that the establishment segregates the affected animals and does not move them to slaughter or off the official premises. In all cases, the establishment is to unload and hold the cattle at the official establishment under humane conditions per FSIS requirements in 9 CFR 313.2. When necessary for IPP to execute a “hold” of cattle to restrict their movement, IPP are to apply an FSIS Form 6502-1, “U.S. Rejected -U.S. Retained” tag (referred to in this Directive as “U.S. Retained” tag) to the pens containing the cattle in question. Under the Memorandum of Understanding (MOU) with APHIS, FSIS personnel are to contact the APHIS Area Veterinarian in Charge (AVIC) through the District Office (DO) when a holding action is necessary.
  2. Authorized USDA Representative: Per 9 CFR 93.400, an authorized USDA representative is an APHIS-VS employee; an FSIS inspection program employee; a State representative; an accredited veterinarian; or an employee of an accredited veterinarian, slaughtering establishment, or feedlot who is designated by the accredited veterinarian or management of the slaughtering establishment or feedlot (i.e. designated establishment employee) to remove seals from the truck.
  3. Restricted Livestock: For purposes of this directive, “restricted” livestock are livestock untested for or at risk of having tuberculosis (TB) or other diseases of human or animal health concern under APHIS control. Restricted livestock are shipped under APHIS seals applied and removed only by authorized USDA representatives.

B. FORMS

  1. VS 17-30, Report of Animals, Poultry or Eggs Offered for Importation,
  2. VS 17-33, Animals Imported for Immediate Slaughter,
  3. VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals,
  4. Mexican health (zoosanitary) certificate

III. BACKGROUND

A. APHIS Veterinary Services Memorandum No. 591.15, Importation of Restricted Animals from Canada and Mexico for Immediate Slaughter, dated March 9, 1994, outlines the provisions for an agreement between the official establishment and APHIS - VS to allow receiving of restricted Canadian and Mexican livestock for immediate slaughter. See Title 9, Code of Federal Regulations, Part 93 (9 CFR Part 93). For 2012, APHIS has updated these requirements in the Protocol for the Import of Bovines from Mexico for Immediate Slaughter posted on the APHIS Website link provided below:

http://www.aphis.usda.gov/import_export/animals/downloads/import_sop_bo_from_mexico_for_imme diate_slaughter.pdf

B. Through an MOU between APHIS and FSIS and the authority vested in the Animal Health Protection Act, APHIS authorizes FSIS to act on its behalf regarding verification of APHIS requirements in this notice. When FSIS personnel act on behalf of APHIS, any necessary communication to the APHIS AVIC is to be made through their FSIS DO.

C. Because of the increased prevalence of TB in Mexican dairy cattle, APHIS has banned importation of all Friesian (Holsteins) or Friesian cross-breeds from Mexico for any purpose including slaughter. Information regarding the status of TB eradication programs in Mexico is available from APHIS. More information on APHIS requirements is available from APHIS in the protocol posted above.

D. All imported cattle of Mexican origin are identified with a blue metal ear tag. Mexican cattle imported for slaughter are not required to be identified with an “M” or “MX” brand on jaw or hip. Collection of all official and unofficial animal identification on all cattle receiving PM inspection is required per 9 CFR 310.2. Collection of all animal identification is extremely valuable in rapidly determining the origin and history of a particular animal.

E. All live cattle imported from Mexico receive a pre-emptive treatment for animal disease carrying ticks (ectoparasites) prior to entry. Because of the potential risk of residues in treated cattle imported from Mexico for immediate slaughter, IPP will closely verify that establishment has residue controls in place to ensure that food safety is comparable to domestic standards. IPP may observe the establishment holding cattle imported from Mexico for immediate slaughter on premises prior to slaughter to allow clearance of any residue associated with treatment of ticks.

F. If cattle in Mexico have met all the provisions within the APHIS protocol and are deemed eligible for importation into the U. S. for immediate slaughter by the APHIS port veterinarian, the APHIS port veterinarian will seal the shipment of cattle from Mexico with APHIS seals and issue 1) a completed VS Form 17-30, Report of Animals, Poultry or Eggs Offered for Importation; and 2) two copies of a completed VS Form 17-33, Animals Imported for Immediate Slaughter. The numbers of the APHIS seals used on the trailer to seal the load are recorded on the VS Form 17-33, Animals Imported for Immediate Slaughter, along with any Mexican official seal numbers that remain intact on the conveyance. A copy of the Mexican (zoosanitary) health certificate will also accompany the shipment to the establishment.

G. Before receiving any cattle imported from Mexico for immediate slaughter, official establishments approved to receive such cattle are issued VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals, by APHIS. Within VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals, there is a section that references the seal-breaking process and states that the establishment may designate its own personnel to break APHIS seals. Designated slaughter establishment personnel will contact the APHIS VS at contact numbers provided by the relevant APHIS Area Office within 24 hours of the arrival of the cattle imported from Mexico informing APHIS VS that the correct number of cattle listed on the VS Form 17-33, Animals Imported for Immediate Slaughter, arrived at the establishment with seals intact. Official establishments are to also notify APHIS of any discrepancy in records within 24 hours of arrival.

H. FSIS requirements regarding identification, control, and disposal of specified risk materials (i.e. SRMs) apply to domestic as well as imported Mexican cattle. See 9 CFR 310.22 and FSIS Directive 6100.4. I. IPP under PHV supervision are qualified to conduct ante-mortem (AM) inspection of Mexican cattle.

I. IPP under PHV supervision are qualified to conduct ante-mortem (AM) inspection of Mexican cattle.

IV. AWARENESS MEETING

A. PHV-Inspector-in-Charge (IIC) Meeting with Establishment Management

  1. No awareness meeting is needed if the establishment has been regularly slaughtering cattle imported from Mexico.
  2. Upon issuance of this directive, the PHV-IIC is to determine whether the establishment intends on importing cattle from Mexico for immediate slaughter. If and when the establishment indicates that it intends on importing cattle from Mexico for immediate slaughter, the PHV is to conduct an awareness meeting as part of a weekly meeting with the establishment to discuss the contents and requirements in this directive.
  3. Prior to conducting the awareness meeting, the PHV-IIC is to:
    • a. Verify that the establishment has been approved or has contacted APHIS and has taken steps to become eligible to receive cattle imported from Mexico for immediate slaughter;
    • b. Notify the DO by contacting the Front-line Supervisor(FLS);
    • c. Review the following information regarding importation of Mexican cattle for immediate slaughter:
      • http://www.aphis.usda.gov/import_export/animals/downloads/import_sop_bo_from_me xico_for_immediate_slaughter.pdf
      • http://www.aphis.usda.gov/animal_health/acah/downloads/tb_update_handout_7_22.pdf
  4. When conducting the awareness meeting, the PHV-IIC is to verify that the establishment has:
    • a. A VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals, to receive Mexican Cattle for Immediate Slaughter. The PHV is to maintain a paper copy of VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals, in the government inspection file; or is on a list of approved slaughter establishments on the APHIS Website: http://www.aphis.usda.gov/import_export/downloads/slaughter_list.pdf
    • b. Designated employees eligible to break APHIS seals per VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals;
    • c. An understanding that all FSIS humane handling requirements for domestic cattle in 9 CFR 313 apply to Mexican cattle upon their arrival on premises;
    • d. Procedures in place to humanely handle non-ambulatory disabled cattle and segregate dead cattle on premises for accounting purposes unless APHIS instructs otherwise;
    • e. Procedures or scheduling in place to ensure that designated establishment personnel or IPP are readily available to break APHIS seals when Mexican cattle arrive in order to avoid needless delays in unloading cattle (e.g., holding cattle on stationary trailers overnight or during extreme weather conditions);
    • f. Determined when it expects to receive the first shipment of Mexican cattle for immediate slaughter and how often (if determined);
    • g. An understanding of APHIS requirements outlined in this directive including segregation of Mexican cattle from domestic cattle upon arrival. Mexican cattle are to be slaughtered as individual lots or sub-lots until the entire load is accounted for and documentation is complete;
    • h. Reassessed its Hazard Analysis Critical Control Point (HACCP) plan per 9 CFR 417.4(a)(3)(i) to anticipate and effectively validate controls per 9 CFR 417.4(a)(1) of any food safety hazards (e.g. chemical residues) that may be associated with any new source of livestock (e.g. cattle imported from Mexico for immediate slaughter);
    • i. Documented each reassessment of the establishment’s HACCP plans (9 CFR 417.4 (a)(3)(ii));
    • j. Procedures in place to ensure designated employees collect and deliver the seals removed by designated employees and all official documents including VS Form 17-30, Report of Animals, Poultry or Eggs Offered for Importation , and VS Form 17-33, Animals Imported for Immediate Slaughter, and the Mexican (zoosanitary) health certificate to the PHV prior to requesting AM inspection;
    • k. A procedure in place to verify prior to final post-mortem (PM) inspection that the tag numbers and the number of animals match the number on the official documents, and such identification complies with 9 CFR 310.2.
    • l. Procedures to promptly notify FSIS IPP and APHIS when the establishment finds discrepancies regarding travel routes, unexpected arrival or shipment, seals, official documents, number of animals, or identification tags;
    • m. Procedures to notify FSIS of written APHIS Corrective Actions when discrepancies are found with records or animal identification. In such cases, IPP are to retain (hold) such cattle or carcasses until the discrepancy is resolved or APHIS corrective actions are determined;
    • n. A procedure in place to ensure on-line IPP can determine when Mexican cattle are presented for slaughter (e. g. via pen card or drive card system);
    • o. Implemented any additional employee or occupational safety measures when slaughtering restricted cattle imported from Mexico that may be potential carriers of animal disease of public health concern (e. g. brucellosis).
  5. After the awareness meeting, the IIC is to document that a weekly meeting was conducted and list any questions resolved regarding this directive in the MOI per instructions in FSIS Directive 5000.1, Verifying an Establishment’s Food Safety System.

B. PHV-IIC Meeting with IPP

  1. Prior to the initial slaughter of cattle imported from Mexico for immediate slaughter and as needed, PHV-IICs are to review with IPP the following:
    • a. Contents of this Directive;
    • b. Procedures associated with verification of all accompanying documentation and seals prior to conducting AM inspection of all Mexican Cattle;
    • c. How on-line IPP are to be notified when lots or sub-lots of Mexican cattle are to be slaughtered (e. g. via pen cards or drive card);
    • d. A reminder of procedures, requirements, regulations and appropriate precautions to use, identify, and inspect any restricted cattle (e. g. brucellosis) including:
      • i. 9 CFR 311.2;
      • ii. 9 CFR 311.15;
      • iii. FSIS Directive 6100.2, Post-Mortem Livestock Inspection; and
      • iv. FSIS Directive 6240.1, Inspection, Sampling, and Disposition of Animals for Tuberculosis - Revision 1.

V. HACCP VERIFICATION, SAMPLING, DOCUMENTATION, AND ENFORCEMENT

A. HACCP Plan Reassessment and Verification

  1. Before the onset of slaughter of cattle imported for immediate slaughter from Mexico, IPP are to verify that the establishment:
    • a. Reassessed its Hazard Analysis Critical Control Point (HACCP) plan per 9 CFR 417.4(a)(3)(i) to anticipate and effectively validate controls per 9 CFR 417.4(a)(1) of any food safety hazards (e.g. chemical residues) that may be associated with any new source of livestock (e.g. cattle imported from Mexico for immediate slaughter); IPP are to verify the record of reassessment per 9 CFR 417.4(a)(3)(ii).
    • b. Supports decisions in its hazard analysis including the development of HACCP system controls to address potential food safety hazards associated with chemical residues (e. g. beta agonists, antibiotics, or pesticides) that may be associated with cattle imported from Mexico for immediate slaughter in accordance with 9 CFR 417.5(a).
  2. After onset of slaughter of cattle imported from Mexico for immediate slaughter, IPP are to verify that the establishment meets the HACCP requirements in 9 CFR Part 417 by performing the Slaughter HACCP Verification task as scheduled in PHIS. Specifically, IPP are to verify that the establishment’s HACCP corrective actions (9 CFR 417.3) meet HACCP regulatory requirements in response to any results of testing performed by FSIS or the establishment that show product is adulterated. See FSIS Directive 5000.2, Review of Establishment Testing Data by Inspection Program Personnel.

B. FSIS Residue Sample Verification

  1. For all cattle subject to this Directive, IPP are to:
    • a. Perform KISTM tests on all cattle suspected of having violative residues per FSIS Directive 10,800.1, Procedures for Residue Sampling, Testing, and Other Responsibilities for the National Residue Program, and FSIS Directive 10,220.3;
    • b. Perform KIS TM tests on randomly selected healthy cattle imported from Mexico not selected in part a, using the following sampling rate:
      • i. Minimum of 1 animal if there are 1 to 10 animals in a lot;
      • ii. Minimum of 2 animals if there are 11 to 50 animals in a lot;
      • iii. Minimum of 3 animals if there are 51 to 100 animals in a lot; and
      • iv. Minimum of 4 animals if there are more than 100 animals in a lot.
    • c. On KISTM positive samples or when flunixin use is suspected, submit 1 lb. of muscle, 1 lb. of liver, and 1 lb. of kidney to Midwestern Lab (MWL).
    • d. Collect tissues from the same cattle selected under paragraph B. 1. b. above and submit the following samples:
      • i. 1 lb. muscle and 1 lb of liver to Western Lab (WL) for other residues (e.g. avermectins); and
      • ii. 1 lb. muscle and 1 lb of liver to Eastern Lab (EL) for other residues (e.g. pesticides, beta agonists).

C. HACCP Documentation and Enforcement

  1. Before and after the onset of slaughter of cattle imported from Mexico for immediate slaughter and if IPP determine while performing a Slaughter HACCP verification task that the establishment has failed to:
    • a. Reassess its slaughter HACCP plan (9 CFR 417.4(a));
    • b. Adequately support its HACCP decisions (9 CFR 417.5) regarding the control of or prevention of food safety hazards; or
    • c. Implement or maintain its written HACCP procedures to control or prevent likely food safety hazards related to slaughter of Mexican cattle (9 CFR 417.2(c)(4) or 417.5(a)),
    • IPP are to:
      • a. Take a regulatory control action (9 CFR 500.2(a)(3)) and retain all carcasses and parts from cattle imported from Mexico for immediate slaughter;
      • b. Not allow slaughter of any additional cattle imported from Mexico for immediate slaughter until the establishment can demonstrate compliance with HACCP requirements in 9 CFR Part 417; and
      • c. Notify the DO by contacting the FLS immediately to initiate additional enforcement actions as appropriate.
  2. If IPP observe noncompliance with procedures or corrective actions specified in the establishment’s HACCP system related to the slaughter of cattle imported from Mexico for immediate slaughter, IPP are to take a regulatory control action and document noncompliance while performing a Slaughter HACCP verification task per FSIS PHIS Directive 5000.1, Verifying an Establishment's Food Safety System.

VI. VERIFICATION AND ENFORCEMENT OF APHIS REQUIREMENTS AT APPROVED OFFICIAL ESTABLISHMENTS

A. When not inspecting cattle during AM inspection, IPP are to verify that:

  1. APHIS seals are present and intact on the livestock trailer or truck carrying cattle imported from Mexico for immediate slaughter upon arrival;
  2. APHIS seal numbers on the truck match the seal numbers listed on APHIS VS Form 17-33, Animals Imported for Immediate Slaughter;
  3. Designated establishment employees or IPP break seals on trucks (e.g., at establishments where establishment employees are not available or have not been authorized to break seals per 9 CFR 93.400),
  4. The establishment promptly off-loads the entire shipment of cattle imported from Mexico for immediate slaughter onto the official premises and then segregates these cattle from any domestic cattle;
  5. A VS Form 17-33, Animals Imported for Immediate Slaughter, and a Mexican (zoosanitary) health certificate accompany each trailer load. The establishment may present other official documents with each load including a VS Form 17-30, Report of Animals, Poultry or Eggs Offered for Importation, and a VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals;
  6. For each sealed load of cattle imported from Mexico for immediate slaughter, the establishment is able to account for all cattle including all nonambulatory or dead cattle still on the truck on each sealed load and that no discrepancies in the records exist between the animals listed on each Mexican (zoosanitary) health certificate and each animal listed on the VS Form 17-33, Animals Imported for Immediate Slaughter; and
  7. No cattle live or dead and imported from Mexico intended for immediate slaughter are diverted off premises without slaughter or AM disposition by FSIS (e.g. dead).
  8. The establishment takes appropriate actions to segregate all unidentified animals not listed on the documents and notifies APHIS requesting written instructions.

B. The IIC is to notify the APHIS AVIC by contacting the DO of any discrepancy with APHIS requirements specified within this directive and within 24 hours of arrival (i.e. unloading) found by the establishment that the IIC determines has not been reported to APHIS (or FSIS). The IIC is to also report any discrepancy with APHIS requirements not detected or reported by the establishment at the earliest opportunity. IPP are to notify the AVIC when nonconformance with APHIS requirements is determined including:

  1. . The establishment employee breaking seals is not designated (authorized) by the establishment to break APHIS seals;
  2. The VS Form 17-30, Report of Animals, Poultry or Eggs Offered for Importation, VS Form 17- 33, Animals Imported for Immediate Slaughter, or the official Mexican (zoosanitary) health certificate does not accompany the load;
  3. The transport seal numbers do not match the seal numbers listed on VS Form 17-33, Animals Imported for Immediate Slaughter;
  4. The establishment receiving cattle imported for immediate slaughter is not eligible to receive cattle direct from Mexico via VS Form 17-36, Inspection Report of Establishment [Approved] for Immediate Slaughter of Import Animals, or listed on the APHIS Website;
  5. Cattle imported from Mexico for immediate slaughter are not segregated from domestic cattle;
  6. The establishment is not able to present the VS Form 17-33, Animals Imported for Immediate Slaughter, or the Mexican (zoosanitary) health certificate at or prior to requesting AM inspection;
    • NOTE: The Mexican (zoosanitary) health certificate may contain strikeouts for animals that were consigned for slaughter but not loaded or otherwise removed prior to arrival at the U.S. Port of Entry.
  7. Any cattle imported from Mexico for immediate slaughter do not have an official blue ear tags;
  8. Cattle imported from Mexico for immediate slaughter are diverted off premises; or
  9. Mexican cattle are not slaughtered within 14 days of arrival.
    • Note: AVIC contact information is available at the following location:  
      http://www.aphis.usda.gov/animal_health/area_offices/

C. IPP are to be aware that the AVIC:

  1. Determines the appropriate corrective actions to be taken for any APHIS non-conformance reported by IPP or the establishment (e.g. discrepancies between the number of animals on the APHIS VS Form 17-33, Animals Imported for Immediate Slaughter, and the number actually received at the establishment).
  2. Will notify the establishment and the IIC of required corrective actions via the FSIS DO.
  3. May also provide written instructions on the disposition of the particular animals imported from Mexico associated with the non-conformance (e.g. animals from the truck with the seals missing, broken, or otherwise tampered with).

D. When IPP have determined that there is any nonconformance with APHIS requirements specified above, IPP are to:

  1. Institute a hold on the entire lot of cattle or carcasses consisting of cattle imported from Mexico for immediate slaughter in the pen or cooler and restrict their movement by applying a “U.S. Retained” tag to the pen or carcass cooler; and
    • a. Unless the establishment has already notified the AVIC, promptly contact the FSIS DO providing details of the situation. Unless instructed otherwise, the FSIS DO is to notify the AVIC with APHIS jurisdiction in the state where the official establishment is located.
    • b. Await determination by AVIC in writing or via the DO regarding corrective actions or next steps.
  2. Verify APHIS corrective actions and disposition of ineligible animals are in accordance with the AVIC determinations. If the PHV has concerns regarding the establishment's disposal of, or failure to dispose of, carcasses or parts of ineligible animals, he or she is to notify the FSIS DO so that it can notify the APHIS AVIC. The APHIS AVIC will initiate any necessary investigation.

VII. APHIS DOCUMENTATION

A. Completing and Distributing APHIS Forms

After the slaughter of a shipment of Mexican cattle, the PHV is to:

  • a. Sign and date VS Form 17-33, Animals Imported for Immediate Slaughter;
  • b. Enter any pertinent AM or PM findings information into the comment box of VS Form 17-33, Animals Imported for Immediate Slaughter;
  • c. Send a copy of the completed, signed, and dated VS Form 17-33, Animals Imported for Immediate Slaughter, (Part 3) to the Port of Entry veterinarian as written on the form within three (3) days of slaughter.

B. APHIS Record Retention

IPP are to keep on file for three (3) years the following records:

  • a. VS Form 17-30, Report of Animals, Poultry or Eggs Offered for Importation;
  • b. VS Form 17-33, Animals Imported for Immediate Slaughter;
  • c. VS Form 17-36, Inspection Report of Establishment for Immediate Slaughter of Import Animals; and
  • d. Mexican (zoosanitary) health certificate

VIII. DATA ANALYSIS

The Office of Policy and Program Development (OPPD) and the Office of Field Operations (OFO) will review available data for Mexican cattle to determine whether a trend exists.

IX. QUESTIONS

Refer questions regarding this directive to the Policy Development Staff through askFSIS or by telephone at 1-800-233-3935, when submitting a question, use the Submit a Question tab, and enter the following information in the fields provided:

  • Subject Field: Enter Directive 9700.1
  • Question Field: Enter your question with as much detail as possible
  • Product Field: Select General Inspection Policy from the drop-down menu
  • Category Field: Select Slaughter - Livestock from the drop-down menu
  • Policy Arena: Select Domestic (U.S.) Only from the drop-down menu. When all fields are complete, press Continue.