Minimum Maturation Temperature for Beef and Ovine Meat From Regions Affected With Foot-and-Mouth Disease

Issuing agencies

Abstract

We are proposing to amend the regulations regarding the minimum maturation temperature for fresh (chilled or frozen) boneless beef and ovine meat from certain listed regions or countries affected with foot-and-mouth disease (FMD) from 4 [deg]C to 2 [deg]C. All other existing mitigations for the importation of beef from regions or countries affected with FMD would remain unchanged. This action is needed to align the regulations with the World Organization for Animal Health's standards for FMD minimum maturation temperatures, while continuing to protect the United States against the introduction of FMD.

Full Text

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<title>Federal Register, Volume 91 Issue 201 (Tuesday, October 20, 2026)</title>
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[Federal Register Volume 91, Number 201 (Tuesday, October 20, 2026)]
[Proposed Rules]
[Pages 66291-66293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21433]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 91, No. 201 / Tuesday, October 20, 2026 / 
Proposed Rules

[[Page 66291]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2023-0016]
RIN 0579-AE83


Minimum Maturation Temperature for Beef and Ovine Meat From 
Regions Affected With Foot-and-Mouth Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations regarding the 
minimum maturation temperature for fresh (chilled or frozen) boneless 
beef and ovine meat from certain listed regions or countries affected 
with foot-and-mouth disease (FMD) from 4 [deg]C to 2 [deg]C. All other 
existing mitigations for the importation of beef from regions or 
countries affected with FMD would remain unchanged. This action is 
needed to align the regulations with the World Organization for Animal 
Health's standards for FMD minimum maturation temperatures, while 
continuing to protect the United States against the introduction of 
FMD.

DATES: We will consider all comments that we receive on or before 
December 21, 2026.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>. 
Enter APHIS-2023-0016 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
    <bullet> Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2023-0016, Regulatory Analysis and Development, PPD, 
APHIS, 5601 Sunnyside Ave. #AP760, Beltsville, MD 20705.
    Supporting documents and any comments we receive on this docket may 
be viewed at <a href="http://Regulations.gov">Regulations.gov</a> or in our reading room, which is in room 
1620 of the USDA South Building, 14th Street and Independence Avenue 
SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Lisa M. Dixon, National Director, 
APHIS Veterinary Services, Strategy and Policy, Animal Product Imports 
and Exports, 5601 Sunnyside Avenue, Beltsville, MD 20705; (301) 851-
3373; <a href="/cdn-cgi/l/email-protection#cea2a7bdafe0a3e0aaa7b6a1a08ebbbdaaafe0a9a1b8"><span class="__cf_email__" data-cfemail="701c1903115e1d5e1419081f1e30050314115e171f06">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) prohibit or restrict the importation of certain animals 
and animal products into the United States to prevent the introduction 
of various animal diseases, including foot-and-mouth disease (FMD), 
African swine fever, classical swine fever, and swine vesicular 
disease. These are dangerous and destructive communicable diseases of 
ruminants and swine.
    Under most circumstances, Sec.  94.1 of the regulations prohibits 
the importation of live ruminants and swine and fresh (chilled or 
frozen) meat derived from ruminants and swine originating in, or 
transiting through, a region where FMD exists. Section 94.11 restricts 
the importation of ruminants and swine and their meat and certain other 
products from regions that are declared free of FMD but that 
nonetheless present a disease risk because of the regions' proximity to 
or trading relationships with regions affected with FMD. Regions that 
the Animal and Plant Health Inspection Service (APHIS) has declared 
free of FMD and regions declared free of FMD that are subject to the 
restrictions in Sec.  94.11 are listed on the APHIS website at <a href="https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions">https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-and-animal-product-import-information/animal-health-status-of-regions</a>.
    The regulations do allow for certain exceptions to the prohibitions 
contained in Sec.  94.1. These exceptions include allowing the 
importation of fresh (chilled or frozen) beef from certain regions 
(Patagonia North A in Northern Argentina; Bahia, Distrito Federal, 
Esp[iacute]rito Santo, Goi[aacute]s, Mato Grosso, Mato Grosso do Sul, 
Minas Gerais, Paran[aacute], Rio Grande do Sul, Rio de Janeiro, 
Rond[ocirc]nia, S[atilde]o Paulo, Sergipe, and Tocantins in Brazil; 
Paraguay; and Uruguay), as well as ovine meat from Uruguay, subject to 
certain conditions. The conditions for the importation of boneless meat 
from these regions or countries affected with FMD are set out in Sec.  
94.29 of the regulations and require that:
    <bullet> The meat is beef from animals that have been born, raised, 
and slaughtered in the exporting regions of Argentina or Brazil or in 
Paraguay; or beef or ovine meat from Uruguay derived from animals that 
have been born, raised, and slaughtered in Uruguay.
    <bullet> Foot-and-mouth disease has not been diagnosed in the 
relevant exporting region within the previous 12 months.
    <bullet> The meat comes from bovines or sheep that originated from 
premises where FMD has not been present during the lifetime of any 
bovines and sheep slaughtered for the export of beef and ovine meat to 
the United States.
    <bullet> The meat comes from bovines or sheep that were moved 
directly from the premises of origin to the slaughtering establishment 
without any contact with other animals.
    <bullet> The meat comes from bovines or sheep that received ante-
mortem and post-mortem veterinary inspections, paying particular 
attention to the head and feet, at the slaughtering establishment, with 
no evidence found of vesicular disease.
    <bullet> The meat consists only of bovine parts or ovine parts that 
are, by standard practice, part of the animal's carcass that is placed 
in a chiller for maturation after slaughter and before removal of any 
bone, blood clots, or lymphoid tissue. The bovine and ovine parts that 
may not be imported include all parts of the head, feet, hump, hooves, 
and internal organs.
    <bullet> All bone and visually identifiable blood clots and 
lymphoid tissue have been removed from the meat; with the exception of 
ovine meat from Uruguay that meets certain listed conditions.
    <bullet> The meat has not been in contact with meat from regions 
other than those listed as free of FMD.
    <bullet> The meat came from carcasses that were allowed to maturate 
at 40 to 50 [deg]F (4 to 10 [deg]C) for a minimum of 24 hours

[[Page 66292]]

after slaughter and that reached a pH below 6.0 in the loin muscle at 
the end of the maturation period. Measurements for pH must be taken at 
the middle of both longissimus dorsi muscles. Any carcass in which the 
pH does not reach less than 6.0 may be allowed to maturate an 
additional 24 hours and be retested, and, if the carcass still has not 
reached a pH of less than 6.0 after 48 hours, the meat from the carcass 
may not be exported to the United States.
    <bullet> An authorized veterinary official of the government of the 
exporting region certifies on the foreign meat inspection certificate 
that the above conditions have been met.
    <bullet> The establishment in which the bovines and sheep are 
slaughtered allows periodic on-site evaluation and subsequent 
inspection of its facilities, records, and operations by an APHIS 
representative.
    The World Organization for Animal Health (WOAH) code article 
8.8.24, Recommendations for importation of fresh meat of bovines from 
countries or zones infected with FMDV, where an official control 
programme exists and article 8.8.26, Recommendations for importation of 
fresh meat of sheep and goats from FMD infected countries or zones 
where an official control programme exists \1\ recommend that meat come 
from fresh deboned carcasses of bovine and sheep which, prior to 
deboning, have been submitted to maturation at a temperature greater 
than 2[deg] C for a minimum period of 24 hours following slaughter and 
in which the pH value was less than 6.0 when tested in the middle of 
both the longissimus dorsi muscle as a mitigation for FMD.
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    \1\ To view these standards, go to <a href="https://www.woah.org/fileadmin/Home/eng/Health_standards/tahc/2024/en_chapitre_fmd.htm">https://www.woah.org/fileadmin/Home/eng/Health_standards/tahc/2024/en_chapitre_fmd.htm</a>.
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    As noted above, one of the requirements for the importation of 
fresh (chilled or frozen) boneless meat of bovine or ovine origin, from 
regions and countries in which FMD is known to exist, requires the meat 
to maturate at a temperature between 4 to 10 [deg]C for a minimum of 24 
hours after slaughter. We are proposing to amend the regulations to 
align with WOAH standards, and decrease the minimum maturation 
temperature to 2 [deg]C. All other existing requirements for the 
importation of such meat would remain unchanged and would continue to 
provide interlocking safeguards to mitigate for FMD.

Executive Orders 12866 and 14192 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget. As a proposed rule, it 
also is not subject to Executive Order 14192.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the <a href="http://Regulations.gov">Regulations.gov</a> website (see 
ADDRESSES above for instructions for accessing <a href="http://Regulations.gov">Regulations.gov</a>).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects.
    The regulations in 9 CFR part 94 prohibit or restrict the 
importation of certain animals and animal products into the United 
States to prevent the introduction of various animal diseases, 
including foot-and-mouth disease (FMD). This proposed rule would lower 
the minimum maturation temperature for the importation of meat from 
certain regions, as part of an overall system approach to address FMD 
risk. The current minimum maturation temperature does not align with 
international standards. All other existing requirements for the 
importation of such meat would remain unchanged and would continue to 
provide interlocking safeguards to mitigate for FMD.
    The entities that could potentially be impacted by this proposed 
rule are businesses within the beef and ovine meat agricultural sector, 
including beef cattle ranching and farming, cattle feedlots, sheep 
farming, animal slaughtering and processing, and meat and meat product 
importing and wholesaling. The majority of businesses in these 
industries are considered by the Small Business Administration to be 
small entities.
    The United States has the largest fed-cattle industry in the world. 
The U.S. is also the world's largest producer of beef, primarily high-
quality, grain-fed beef for domestic and export use. Nevertheless, the 
United States is a net importer of beef, primarily purchasing beef 
destined for processing, which tends to be lower-value, leaner, grass-
fed beef. The U.S. beef industry, which is comprised of over 600,000 
farms and present in all 50 states, is roughly divided into two 
production sectors: Cow-calf operations and cattle feeding.
    In 2024, U.S. beef consumption was about 29 billion pounds. The 
United States has a comparative advantage in producing higher-quality, 
grain-fed cattle, which results in higher-grading steaks, as well as 
lean beef trimmings and fat trimmings. Lean and fat trimmings are 
blended to make ground beef, which is by far the most consumed beef 
product in the U.S. By some estimates, between 50 percent and 55 
percent of all beef in the U.S. is consumed in ground form. The corn-
fed cattle in the domestic supply chain generate less lean beef 
trimmings than is necessary to satisfy the demand for ground beef. This 
results in a reliance on imported lean trimmings. Imports specifically 
of lean beef trimmings come largely from the countries affected by this 
proposed rule, as well as Australia and New Zealand. Lean beef imports 
also allow the U.S. beef industry to expand total beef production, add 
value by utilizing fat trimmings most efficiently, and export high-
value beef products like primal cuts and steaks.
    As this proposed rule makes no significant change that would affect 
the viability of exporting beef products from the affected countries, 
it is unlikely that there would be a significant increase in imports 
from this proposed rule. This proposed rule would not grant new market 
access for any countries or regions but would broaden the range of 
temperatures considered acceptable for the beef maturation process. 
Additionally, there is no evidence that the existing minimum maturation 
temperature is functioning as a barrier to trade.
    This proposed rule would also marginally affect the requirements 
related to existing ovine meat imports from Uruguay, which currently 
represents less than one percent of annual U.S. lamb and mutton 
imports. The U.S. is a significant net importer of these products. Over 
the last five years, the U.S. has produced an average of 139 million 
pounds of lamb and mutton while importing an average of 335 million 
pounds. As with beef products, this proposed rule would not grant new 
market access for any producers of these products, nor is there any 
evidence that the existing minimum maturation temperature is 
functioning as a barrier to trade. As such, we do not expect any change 
in the trade of lamb and mutton from Uruguay as a result of this 
proposed rule.
    While this proposed rule would have no direct impact on imports, we 
can

[[Page 66293]]

assume some hypothetical indirect impact to examine the welfare effects 
of such indirect impacts. To assess such a hypothetical change 
quantitatively, we used a range of 500 to 5,000 additional metric tons 
of imported beef products from the affected countries to compute 
impacts. In both scenarios, consumer welfare gains would outweigh 
producer welfare losses, with a positive net impact ranging from 
$192,000 to $1.92 million.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR part 94 as follows:

PART 94--FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY 
PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE 
FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM 
ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

0
1. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 1633, 7701-7772, 7781-7786, and 8301-8317; 
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.29   [Amended]

0
2. Amend Sec.  94.29 in paragraph (i), in the first sentence, by 
removing ``40 to 50 [deg]F (4 to 10 [deg]C)'' and adding ``35.6 to 50 
[deg]F (2 to 10 [deg]C)'' in its place.

    Done in Washington, DC, this 15th day of October 2026.
Kelly Moore,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-21433 Filed 10-19-26; 8:45 am]
BILLING CODE 3410-34-P


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