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Clarification: FDA Proposes Delay of BSE Final Rule Implementation

Tuesday, April 7, 2009

(American Meat Institute)

The Food and Drug Administration (FDA) today proposed a delay in the implementation of the final rule entitled, "Substances Prohibited from Use in Animal Food or Feed," more commonly referred to as the 2008 BSE final rule. The rule prohibits the use of high-risk cattle material in feed for all animal species.

The final rule, which is scheduled to go into effect on April 27, 2009, would be delayed 60 days to June 26, 2009. The agency is taking this action in response to comments from affected parties expressing concerns about their ability to fully comply with the rule by the April 27, 2009, effective date.

The FDA is providing seven days for public comment solely on the question of whether to delay the effective date. Comments must be submitted within seven days of publication in the Federal Register of the notice of proposed delay of effective date.

Interested persons may submit written comments on or before April 16, 2009, to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

Electronic comments may be submitted to http://www.regulations.gov/. Identify all submissions to the docket with the following docket number: FDA–2002–N–0031 (formerly Docket No. 2002N–0273).

For additional information, please see http://www.fda.gov/cvm/BSEDelayRule.htm.

Note: This story clarifies an earlier version that indicated that the rule was definitely delayed. FDA is actually considering a delay and is seeking comments for seven days after posting in the Federal Register.

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