Order Code RL32932
CRS Report for Congress
Received through the CRS Web
Bovine Spongiform Encephalopathy (BSE, or
“Mad Cow Disease”) in North America:
A Chronology of Selected Events
Updated August 3, 2005
Geoffrey S. Becker
Specialist in Agricultural Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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Bovine Spongiform Encephalopathy (BSE, or
“Mad Cow Disease”) in North America:
A Chronology of Selected Events
Summary
This report provides a chronology of selected events leading up to and following
the discoveries of bovine spongiform encephalopathy (BSE, or “mad cow disease”)
in North America. These are primarily regulatory, legal, and congressional
developments that are frequently referenced by policymakers as significant in the
ongoing policy debate. The chronology does not contain entries for the introduction
of the many BSE-related bills introduced into this or previous Congresses, except for
those in recent years where committee or floor action has occurred. This report,
which will be updated if significant developments ensue, is intended to be used
alongside other CRS reports that provide more background and context for the BSE
policy debate, and that cover many specific legislative proposals.
The chronology begins in 1986, when BSE was first identified by a British
laboratory. As the United Kingdom and others attempted to understand and contain
BSE, the U.S. and Canadian governments were establishing panels to study the
disease and began instituting a series of safeguards aimed at keeping it out of North
America or stopping any spread if it should occur here. The chronology proceeds
into May 2003, when Canada reported the first native case in North America;
December 2003, when the United States reported finding a case in a U.S. herd; and
most of 2004, when both countries worked to reassure consumers of the safety of
North American cattle and beef and to reopen foreign markets blocking these exports.
U.S. and Canadian officials since 2003 also have been strengthening various
regulatory safeguards aimed at protecting the cattle herd and the food supply from
BSE.
The chronology concludes with major events of late 2004 and the first half of
2005, which have revolved around efforts to re-establish more open cattle and beef
trade within North America, including a U.S. cattle group’s lawsuits to slow such
efforts, and the steps being taken to regain the Japanese market, which was until
December 2003 the leading buyer of U.S. beef. Japan remained closed well into
2005, as did South Korea, which was another important foreign customer until
closing its market in December 2003. Congress can be expected to continue to play
a role, holding oversight hearings, providing funding for BSE-related activities, and
possibly considering legislative options to address one or more of the outstanding
issues.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Key to Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Chronology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Early BSE Developments (November 1986-December 2002) . . . . . . . . . . . 3
Developments Following First Reported Canadian Case
(January-November 2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Developments Following First Reported U.S. Case
(December 2003-December 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Developments Following Second and Third Reported Canadian Cases
(Since January 2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Developments Following Second Reported U.S. Case (Since June 2005) . 24
Postscript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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Bovine Spongiform Encephalopathy (BSE,
or “Mad Cow Disease”) in North America:
A Chronology of Selected Events
Introduction
This report provides a chronology of selected events leading up to and following
the discoveries of bovine spongiform encephalopathy (BSE, or “mad cow disease”)
in North America. So far, five native cases have been confirmed on this continent,
four in Canada and one in the United States.1 BSE is a degenerative disease that is
fatal to cattle, affecting their nervous system, and it has been linked to a rare but fatal
human form of the disease which has occurred primarily in the United Kingdom,
where most BSE cases also have been reported.
The following chronology is not intended to be comprehensive. It is intended
to be a timeline for selected regulatory, legal, and congressional developments that
are frequently referenced by policymakers as significant in the ongoing policy debate.
It does not contain entries for the introduction of the many BSE-related bills
introduced into this or previous Congresses, except for those in recent years where
committee or floor action has occurred. Nor does it cover a number of policy
developments that are not directly BSE-related, but that nonetheless have arisen
within the context of BSE debate, such as a universal animal identification (ID)
program and country of original labeling (COOL) for meats and other commodities.
This report is intended to be used alongside other CRS reports that provide more
background and context for this policy debate. These include:
! CRS Issue Brief IB10127, Mad Cow Disease: Agricultural Issues
for Congress;
! CRS Report RL32414, The Private Testing of Mad Cow Disease:
Legal Issues;
! CRS Report RS21709, Mad Cow Disease and U.S. Beef Trade;
! CRS Report RL32199, Bovine Spongiform Encephalopathy (BSE or
“Mad Cow Disease”): Current and Proposed Safeguards.
Unless noted, the sources for the entries in this chronology are the above reports,
as well as various U.S. Department of Agriculture (USDA) and Food and Drug
Administration (FDA) press releases, fact sheets, and other publicly available
materials, reports of hearings before the House and Senate Agriculture Committees,
1 In Canada reported a BSE case in 1993; however, the animal was not born in Canada but
rather imported in 1987 from Great Britain.

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CRS-2
and for some entries, articles that appeared in leading food and agriculture trade
periodicals including Food Chemical News, Feedstuffs, and Cattle Buyers Weekly.
Key to Acronyms
For an explanation of these and related BSE terms in this report, see the reports
listed on the previous page, and also CRS Report 97-905, Agriculture: A Glossary
of Terms, Programs, and Laws, 4th Edition. This glossary is accessible on the House
Agriculture Committee website at [http://www.house.gov/agriculture/].
AMR
Advanced meat recovery
AMS
USDA’s Agricultural Marketing Service
APHIS
USDA’s Animal and Plant Health Inspection Service
BSE
Bovine spongiform encephalopathy (“mad cow disease”)
CCC
USDA’s Commodity Credit Corporation
CFIA
Canadian Food Inspection Agency
DHHS
U.S. Department of Health and Human Services
EU
European Union
FDA
U.S. Food and Drug Administration
FSIS
USDA’s Food Safety and Inspection Service
GAO
U.S. Government Accountability Office
IHC
Immunohistochemistry
MBM
Meat and bone meal
SRM
Specified risk material
TSE
Transmissible spongiform encephalopathy
UK
United Kingdom
USDA
U.S. Department of Agriculture
vCJD
Variant Creutzfeld-Jakob disease

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CRS-3
Chronology
Early BSE Developments (November 1986-December 2002)
When BSE was first identified in 1986 in a British laboratory, relatively little
was known about its character, its cause, or how to contain it. The United Kingdom
(UK) has so far been the hardest-hit region, where reported cases affecting cattle
continued to climb through the late 1980s and early 1990s to a peak of more than
37,000 in 1992. Cases have been declining each year since then. Several other
countries, primarily in other parts of Europe, also reported hundreds of additional
cases, according to the world animal health organization (OIE, its French acronym).
As the UK and other countries were coping with BSE, the U.S. and Canadian
governments were establishing panels to study the disease and instituting a series of
safeguards aimed at keeping it out of North America or stopping any spread if it
should occur here. Prior to 2003, the only known case of BSE in North America was
in Canada, where a non-native case was discovered in late 1993. This animal is
believed to have been born in and imported from Great Britain in 1987.
November 1986
BSE is first identified by a British laboratory. BSE
becomes a reportable disease in the United States.
1987
A BSE-infected cow is believed to have been imported into
Canada from Great Britain.
December 15, 1987
Initial British epidemiological studies conclude that
feeding of ruminant-derived meat and bone meal (MBM)
is the “only viable hypothesis” for the cause of BSE.
1988
USDA establishes a BSE committee to review current
science and recommend appropriate regulatory controls.
July 7, 1988
The British Government announces that all cattle at risk of
BSE will be destroyed — a number eventually reaching 3.7
million. Approximately 183,000 of these are confirmed as
BSE-positive. Worldwide, about 4,000 additional BSE
cases have since been diagnosed, mostly in Europe.
July 1989
USDA bans importation of live ruminants (cattle, sheep,
goats, etc.) from the UK and other countries affected with
BSE.
July 18, 1989
A UK ban on feeding meat and bone meal (MBM) to
ruminants comes into force.
November 1989
USDA’s Animal and Plant Health Inspection Service
(APHIS) implements an emergency ban on the importation

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of high-risk products including MBM from countries with
confirmed BSE cases.
November 13, 1989
England and Wales ban human consumption of certain
bovine parts including brain, spinal cord, thymus, spleen,
and tonsils.
1990
APHIS develops a BSE response plan intended to spell out
step-by-step actions in case BSE is detected in the United
States. FDA establishes a BSE task force.
May 1990
USDA initiates a surveillance program to examine brains
of U.S. cattle for BSE.
1991
USDA conducts a BSE risk analysis, finding that
conditions in the United States and UK differ regarding
sheep rendered. (The disease may have jumped to cattle
consuming sheep tissue containing Scrapie, another
transmissible spongiform encephalopathy, or TSE.) This
risk analysis would be updated several times in subsequent
years.
December 6, 1991
USDA restricts the importation of ruminant meat and
edible products and bans most byproducts of ruminant
origin from countries known to have BSE; previously such
products had been prohibited by not issuing import permits
(see November 1989).
April 30, 1993
Surveillance is expanded to include random examination of
brains from nonambulatory (“downer”) cattle. (The target
population already had included field cases of cattle
exhibiting signs of neurologic disease, cattle condemned at
slaughter for neurologic reasons, rabies-negative cattle
submitted to public health laboratories, and neurologic
cases submitted to veterinary diagnostic laboratories and
teaching hospitals.)
December 1993
Canada reports its first BSE case; animal was not born in
Canada but rather imported in 1987 from Great Britain.
August 29, 1994
FDA advises manufacturers of vaccines and other biologics
not to use materials derived from cattle that were born,
raised, or slaughtered in countries where BSE is known to
exist.
March 1996
British authorities first announce a suspected causal link
between BSE and a new form of a rare, fatal human illness,
variant Creutzfeld-Jakob disease (vCJD), via consumption
of beef from affected animals. Eventually about 150 vCJD
cases occur, most of them in Great Britain.

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CRS-5
March 29, 1996
The British Government imposes a total ban on the feeding
of any mammalian meat and bone meal to any farm
animals.
March 1997
A Black Angus cow, which later becomes the first native
North American animal to test positive for BSE, is born on
a Saskatchewan farm.
April 9, 1997
A Holstein cow is born on a farm in Calmar, Alberta,
Canada. Om December 2003, it would test positive for
BSE in Washington State, becoming the first U.S. case.
June 5, 1997
FDA publishes a final rule, effective August 7, to prohibit
the feeding of most mammalian proteins to ruminants.
Exempted from the ban are certain bovine by-products,
such as blood, milk, gelatin and restaurant plate waste, on
the premise that the exempted materials pose a minimal
risk of transmission.
August 4, 1997
Canada institutes its own mammalian-to-ruminant feed ban
(with the exception of pure porcine and equine meal; and
milk, blood, gelatin and rendered animal fat from all
species).
August 7, 1997
The U.S. FDA feed rule takes effect (see June 5, 1997).
December 12, 1997
USDA extends the ban on importation of live ruminants
and most ruminant products to cover all countries in
Europe.
April 24, 1998
USDA enters into a cooperative agreement with the
Harvard University Center for Risk Analysis to evaluate
the risk of BSE and U.S. prevention methods.
December 7, 2000
USDA begins to prohibit all imports of rendered animal
protein products from Europe regardless of species,
applying to all products originating, rendered, processed, or
otherwise associated with European products.
September 2001
The Holstein cow (born in Alberta in March 1997 and
which would test positive for BSE in December 2003) is
moved to the United States along with 80 other cattle from
the same dairy.
September 10, 2001
Japan reports a case of BSE, the first in Asia. (By May
2005, Japan will have reported 18 BSE cases.)
September 18, 2001
Japan first bans the use of all ruminant MBM in cattle feed.

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CRS-6
September 30, 2001
Total U.S. cattle tested for BSE in FY2001 is 5,272, all
negative.
October 4, 2001
Japan bans the use of animal protein products to be used in
feed products, including swine and poultry feed, as well as
in fertilizers.
October 18, 2001
Japan begins to test all cattle slaughtered for food for BSE.
November 30, 2001
USDA releases the Harvard risk analysis, a mathematical
model which indicates that the risk of BSE in the U.S. is
extremely low, that U.S. early protection measures have
been largely responsible for keeping it low, and that such
measures would minimize BSE’s spread if it did gain entry.
January 17, 2002
USDA’s Food Safety and Inspection Service (FSIS)
publishes in the Federal Register a Current Thinking
Paper, requesting comment on possible new regulatory and
policy actions such as whether to: designate such tissue as
the brains and spinal cords of cattle 24 months and older as
higher-risk material (SRMs) and thus ban them from
human food; prohibit the use of vertebral column from
nonambulatory cattle and from those 24 months and older
in mechanical meat recovery systems, among other
possible regulation of such higher-risk tissues; and increase
enforcement and/or regulation of those who handle dead,
dying, disabled, or diseased livestock or their parts that die
other than by slaughter.
January 25, 2002
The U.S. Government Accountability Office (GAO) issues
a report (GAO-02-183) criticizing the effectiveness of
FDA’s feed rules and enforcement.
August 23, 2002
A Black Angus cow born in Saskatchewan in March 1997
is purchased with 35 other cows and calves by a cattle
producer in Wanham, Alberta. (It would test positive for
BSE in May 2003.)
September 30, 2002
Total U.S. cattle tested for BSE in FY2002 is 19,990, all
negative.
November 6, 2002
FDA publishes an advance notice of proposed rulemaking,
stating that it is considering revising its feed regulation and
seeking comments on five relevant topics: excluding from
feed the brain and spinal cord from rendered animal
products; using poultry litter in cattle feed; using pet food
in ruminant feed; preventing cross-contamination; and
eliminating the exemption for plate waste as a feed
ingredient.

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CRS-7
December 2, 2002
FSIS issues a directive instructing inspectors at beef
establishments using vertebral columns as source materials
in advanced meat recovery (AMR) systems to take routine
regulatory samples to verify that spinal cord is not present
in AMR product. If spinal cord tissue is present, then the
product does not meet FSIS labeling and inspection
requirements for meat.
Developments Following First Reported Canadian Case
(January-November 2003)
The first native-born case of BSE in North America was confirmed in a cow in
Alberta, Canada, in May 2003. The United States almost immediately halted the
importation of virtually all ruminants and ruminant products, including live cattle and
beef, from Canada. (An interim final rule was published in the May 29, 2003,
Federal Register, retroactive to May 20, 2003.) In August 2003, the U.S. Secretary
of Agriculture announced that the U.S. border would reopen to boneless beef from
cattle under 30 months old and other items considered to be of low risk for BSE.
Rather than issuing a proposed or interim rule, USDA claimed authority to do so
under a standing veterinary import permitting process.
USDA on November 4, 2003, proposed for comment a more extensive rule
change that essentially would formalize and expand imports from Canada, to include
among other things live cattle under 30 months old.
January 2003
A federal interagency working group led by USDA, in
response to a legislative mandate (in P.L. 107-9) provides
information on the economic impacts and public health
risks if BSE or related diseases (and an unrelated disease,
Foot and Mouth Disease) were introduced into the U.S.,
and information on federal prevention efforts and
sufficiency of current legislative authority. The working
group recommends a number of policy changes such as
strengthening FDA authority to enforce its animal feed
regulation and to control entry of imports that may risk
bringing TSEs into the U.S.; an extended commitment of
budgetary resources; and better interagency coordination,
among other things.
January 21, 2003
In an advance notice of proposed rulemaking, APHIS
solicits public comment to develop approaches to control
the risk that dead stock and nonambulatory animals could
serve as potential pathways for the spread of BSE, if that
disease should ever be introduced into the United States.
Comments were taken until March 24, 2003.
January 31, 2003
The Black Angus beef cow born in Saskatchewan in 1997,
and now in Wanham, Alberta, shows signs of illness and is
presented for slaughter. A government inspector declares

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CRS-8
it unfit for human food. Its head is frozen at a provincial
laboratory for later routine testing, and its remains go for
rendering into feed. It would later test positive for BSE.
February 20, 2003
The FY2003 omnibus appropriations act (P.L. 108-7) is
signed into law, containing funding for USDA that includes
$8 million for increased BSE surveillance and laboratory
activities; FDA is reported to receive a total of $19 million
for the fiscal year.
March 3, 2003
FSIS releases the results of the AMR survey it conducted
in 2002; they show that approximately 35% of final
product samples had “unacceptable” central nervous
system tissue detected. It also announces the start of the
regulatory sampling program (issued as a directive in
December 2002) to ensure beef products derived from
AMR systems are accurately labeled.
May 20, 2003
BSE is confirmed in the Canadian Black Angus cow,
becoming the first native case reported in North America.
May 29, 2003
APHIS publishes an interim rule (retroactive to May 20,
2003) adding Canada to list of regions where BSE exists,
prohibiting or restricting the importation of meat, meat
products, and other products/byproducts of ruminants from
Canada. Officials subsequently ask Harvard to reassess its
BSE risk model.
June 26, 2003
Canada releases the report of an international review team
(IRT) of BSE experts, which concludes that the most likely
source of BSE would have been consumption of feed
containing MBM of ruminant origin contaminated with the
BSE prion before the US and Canada implemented a feed
ban in August 1997. The original source of the BSE prion
in MBM is likely to have been from a limited number of
cattle imported directly into either Canada or the US from
the UK in the 1980s, and it is likely that some of these
animals were slaughtered or died and entered the animal
feed system prior to a [Canadian] ban on further
importations from the UK in 1990, the IRT reported. The
team recommends a number of actions, including an
immediate ban on SRMs (e.g., brain and spinal cord)
believed to constitute a greater risk of disease, a review of
animal feed regulations, strengthened tracking and tracing
systems, and improved testing.
July 18, 2003
Canada announces a requirement that, effective August 23,
2003, SRMs must be removed from cattle destined for
human food. SRMs are defined as including the skulls,
brains, eyes, tonsils, and spinal cords of all cattle over 30

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CRS-9
months, and the distal ileum (part of the small intestines)
of all cattle.
August 8, 2003
The Secretary of Agriculture announces that, after a
“thorough scientific analysis,” the Department will begin
accepting applications for import permits for certain “low
risk” ruminant derived products from Canada. USDA said
it will no longer prohibit importation of wild ruminant
products intended for personal use (immediate), and will
begin to accept applications for import permits for certain
commercial products, including:
! boneless sheep/goat meat from animals under 12
months;
! boneless bovine meat from animals under 30
months;
! boneless veal from calves under 36 weeks;
! fresh or frozen bovine liver;
! vaccines for veterinary medicine if for
non-ruminants;
! certain pet products and feed ingredients.
August 15, 2003
USDA posts an amended list of allowable Canadian
products on its website as a clarification of the August 8
announcement. The list now includes “trim” from beef
from cattle under 30 months of age and veal (including
carcasses) from calves 36 weeks of age or under. Permit
applications are subsequently submitted to APHIS for
processed product made from allowable product. APHIS
determines that processed product from trim and boneless
beef from cattle under 30 months of age would be allowed,
since processing would not increase the risk associated
with the products.
August 23, 2003
The Canada SRM rule (see July 18, 2003) takes effect.
August 25, 2003
FSIS issues a revised directive intended to strengthen
enforcement of measures to ensure that AMR systems do
not introduce spinal cord into meat products. The directive
notes that “Based on the first several months of regulatory
... sampling, FSIS has determined that some establishments
are not adequately addressing the presence of spinal tissue
in boneless comminuted [i.e., pulverized] beef.”
August 27, 2003
APHIS issues the first permit for the importation of
approved ground product from Canada. Subsequent
permits allow the entry of other processed meat from cattle
under 30 months of age, such as hot dogs, pepperoni pizza
toppings, hamburger patties, smoked briskets, dry cured
beef cuts, and soups and TV dinners containing beef.

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CRS-10
September 4, 2003
The first Canadian veal imports reportedly resume.
September 11, 2003
USDA reports this as the day that the first Canadian beef
imports resume.
September 30, 2003
Total U.S. cattle tested for BSE in FY2003 is 20,543, all
negative.
October 3, 2003
APHIS expands the list of Canadian products permitted for
entry into the United States to include processed products
containing otherwise eligible beef (e.g., roast beef, ground
beef, lasagna, frozen hamburger patties).
October 22, 2003
APHIS again expands the list of Canadian products
permitted for entry into the United States to include edible
beef lips, tongues, hearts, and kidneys.
October 31, 2003
USDA releases the findings of a
second
Harvard
assessment of BSE risk since the Canada case. The report
notes that a group of cattle imported into Canada from the
UK in 1993 included one that was found to have BSE, and
that if other animals in this group harbored the disease, and
were slaughtered and rendered, infectivity may have been
introduced into the Canadian and U.S. cattle feed supplies
before the 1997 feed ban was implemented in both
countries. Harvard observed that “Although the possible
introduction of BSE into the U.S. from Canada cannot be
dismissed,” the likelihood is very low, and U.S. protective
measures by now would have contained any possible
spread.
USDA also announces it will publish a proposed rule (see
November 4, 2003) to amend its BSE regulations.
November 4, 2003
USDA publishes a proposed rule in the Federal Register
that would amend its BSE regulations to establish a new
category of regions that recognizes those that present a
minimal risk of introducing BSE into the United States via
the importation of certain low-risk live ruminants and
ruminant products. (The rule, which is initially open for
comments until January 5, 2004, will form the basis for the
final rule that eventually will be published on January 4,
2005.) The proposed rule would add Canada to that risk
category and would allow entry of certain commodities,
including:
! bovine animals for immediate or subsequent
slaughter (under 30 months);
! sheep/goats for immediate or subsequent
slaughter (under 12 months);

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CRS-11
! cervids (e.g., deer and elk) for immediate
slaughter;
! fresh (chilled or frozen) meat and whole/half
carcasses from bovines less than 30 months;
! fresh (chilled or frozen) bovine liver;
! fresh meat of sheep.
November 25, 2003
APHIS decides to allow Canadian facilities that receive
and process bone-in beef from the United States, New
Zealand, and Australia to export it to the United States.
Developments Following First Reported U.S. Case
(December 2003-December 2004)
At the time that USDA was accepting comments on the November 4, 2003,
proposed rule, tests on a cow in Mabton, Washington, indicated the presence of the
BSE agent. Confirmatory testing affirmed BSE, and the U.S. Secretary of
Agriculture reported the findings on December 23, 2003. This became the first
reported U.S. case, although investigators quickly determined that the animal was not
native but rather was born in and imported from Canada. Nonetheless, most foreign
countries closed their borders to U.S. beef.
The Secretary attempted to reassure the public that the case posed little or no
risk to public health. Shortly after, U.S. authorities announced a series of regulatory
changes aimed at strengthening BSE safeguards in meat slaughter plants; asked an
international scientific panel to review the situation and the U.S. response; greatly
expanded BSE testing and surveillance; and took other actions in response.
Meanwhile, in the spring of 2004 a cattlemen’s group successfully sued USDA to
halt any further expansion of Canadian beef imports in a federal court. USDA then
agreed to limit such beef imports to the types it began permitting in August 2003,
until it promulgated a rule finalizing its November 4, 2003, proposal.
The enhanced BSE surveillance program began in earnest in June 2004; initial
screening tests reported three possibly positive cases during the year (which USDA
termed “inconclusives”) that later were deemed to be negative for BSE. Nonetheless,
cattle and beef markets reacted nervously to the reports; USDA was challenged
sharply on the adequacy of their design and conduct of the testing program and how
results were being reported prior to final confirmation. At FDA, where officials had
promised early in 2004 to revise their animal feed rules to tighten controls over
possible BSE contamination, deliberations over the rules continued through the end
of the year.
Some countries, notably Canada and Mexico, were again accepting some U.S.
beef in 2004, as were several smaller country markets. But Japan and South Korea,
the other top two destinations for U.S. beef, remained closed, despite what appeared
to be a hopeful joint announcement in October 2004 by the United States and Japan
of a “framework” agreement for restarting U.S. exports there.

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CRS-12
December 9, 2003
The Holstein cow that was born in March 1997 in Alberta,
Canada, arrives at Verns Moses Lake Meats slaughter plant
in Washington State from a dairy in Mabton, Washington.
The cow was reportedly nonambulatory, which was
believed to be the result of complications from calving.
December 11, 2003
Samples from the Washington State Holstein cow arrive at
the Ames, Iowa, laboratories. Because the animal had no
neurological signs at slaughter, it is not considered to be a
higher priority for BSE and the samples are placed in the
normal queue for testing. On the same day, products
(mainly ground beef) that later would be subject to recall
are shipped to outlets, mainly restaurants and grocery
stores.
December 22, 2003
Preliminary tests of the Holstein dairy cow in Washington
are positive for BSE.
December 23, 2003
The Secretary of Agriculture announces a presumptive
positive case of BSE in the Holstein cow (hereinafter
referred to as the “index” cow). APHIS quarantines the
Mabton, Washington, herd where the cow had been, and
begins its epidemiological investigations.
December 23, 2003
FSIS announces a Class II recall of 10,410 pounds of meat
from the group of 20 animals slaughtered with the BSE
cow on December 9, 2003, at Verns Moses Lake Meats.
December 24, 2003
Foreign countries begin to ban imports of U.S. ruminants
and ruminant products, including Japan, Mexico, South
Korea, and Canada, which account for 90% of U.S. beef
exports. (Canada however remains open to some lower-
risk U.S. beef.)
December 29, 2003
FSIS determines that the recalled meat products were
distributed to 42 locations from Interstate Meats and
Willamette Valley Meats, with at least 80% of the products
distributed to stores in Oregon and Washington.
December 30, 2003
The Secretary of Agriculture
announces
additional
safeguards, primarily in slaughter plants, to bolster the U.S.
protection system against BSE and to further protect public
health. These and several other regulatory changes will be
published in the January 12, 2004, Federal Register (see
below for details). The Secretary also announces that a
verifiable system of national animal identification will be
expedited, and that BSE testing will be expanded.
December 31, 2003
The Secretary of Agriculture names an international review
team of BSE experts (IRT, similar to the group that

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conducted such a review in Canada) to review USDA’s
BSE investigation and make national recommendations.
January 5, 2004
Initial closing date for public comments on the November
4, 2003, proposed rule on Canada cattle and beef imports
(see above). This comment period will later be reopened.
January 12, 2004
The Secretary of Agriculture publishes a “declaration of
extraordinary emergency” in the Federal Register, which
“authorizes the Secretary to (1) hold, seize, treat, apply
other remedial actions to, destroy (including preventative
slaughter), or otherwise dispose of, any animal, article,
facility, or means of conveyance if the Secretary determines
the action is necessary to prevent the dissemination of BSE
and (2) prohibit or restrict the movement or use within the
State of Washington, or any portion of the State of
Washington, of any animal or article, means of
conveyance, or facility if the Secretary determines that the
prohibition or restriction is necessary to prevent the
dissemination of BSE.”
January 12, 2004
FSIS also publishes several BSE-related actions in the
Federal Register (many were announced December 30,
2003):
! An interim final rule declaring that the skull,
brain, eyes, vertebral column, spinal cord, and
certain other parts of cattle 30 months of age or
older, and the distal ileum of the small intestine
of all cattle, are considered “specified risk
materials” (SRM) and are prohibited in the
human food supply. (Tonsils from all cattle were
already prohibited.)
! The above rule also requires that all
non-ambulatory (disabled) cattle presented for
slaughter be condemned.
! An interim final rule articulating the criteria that
the agency would use to ensure that AMR
products can be represented as “meat” products
and thus are not adulterated or misbranded (i.e.,
do not contain central nervous system tissues).
! An interim final rule prohibiting the use of
penetrative captive bolt stunning devices that
deliberately inject air into the cranial cavity of
cattle (known as “air injection stunning”).
! A notice announcing that FSIS inspectors will
not mark ambulatory cattle that have been
targeted for BSE surveillance testing as
“inspected and passed” until negative test results
are obtained.

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CRS-14
January 21, 2004
The House Agriculture Committee holds
the
first
congressional oversight hearing on the U.S. BSE crisis.
January 26, 2004
The Secretary of Health and Human Services announces
coming changes in FDA feed rules (expected to be
published within two months but which had not appeared
as of late May 2005), which he says will:
! Eliminate the exemption that allows mammalian
blood and blood products to be fed to other
ruminants as a protein source;
! Ban the use in ruminant feed of “poultry
litter,”which consists of bedding, spilled feed,
feathers, and fecal matter;
! Ban the use in ruminant feed of “plate waste,”
which consists of uneaten meat and other meat
scraps that collected from restaurant operations
and rendered into meat and bone meal;
! Further minimize the possibility of
cross-contamination of ruminant and
non-ruminant animal feed by requiring
equipment, facilities or production lines to be
dedicated to non-ruminant animal feeds if they
use protein that is prohibited in ruminant feed.
January 27, 2004
The Senate Agriculture Committee holds an oversight
hearing on the BSE situation.
January 29, 2004
Agriculture Secretary Veneman announces that President
Bush’s FY2005 budget for USDA will include a $60
million request, or an increase of $47 million, to fund
multi-agency efforts to enhance USDA’s BSE prevention
program.
February 4, 2004
USDA releases findings of the international panel of BSE
experts (the IRT). The IRT observes that although the
infected U.S. animal may be the only one from the 81-cow
herd that survived to adulthood, and its birth cohorts “do
not represent significant risk ... it is probable that other
infected animals have been imported from Canada and
possibly also from Europe. These animals have not been
detected and therefore infective material has likely been
rendered, fed to cattle, and amplified with the cattle
population, so that cattle in the USA have also been
indigenously infected.” The IRT also states that:
! Testing of all cattle for human consumption is
“unjustified,” but an intensive one-time
surveillance effort to determine the extent, if
any, of U.S. BSE, and that testing a random
sample of healthy cattle over 30 months “should
be strongly considered;”

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CRS-15
! The U.S. epidemiological investigation and the
tracing and recall of meat and byproducts had
conformed to international standards insofar as
possible, but that implementation of an
“appropriate” national ID system is needed;
! Because downers are now being banned from the
food supply, “it is imperative” for USDA to
ensure that dead and non-ambulatory cattle are
properly sampled and disposed of;
! The U.S. should consider excluding all SRMs
from both human and animal foods, including
pet food, and unless “aggressive surveillance”
proves the U.S. BSE risk to be minimal
according to international standards, the SRM
definition should be expanded to include the
brain, spinal cord, skull, and vertebral column of
all cattle over 12 months, and the entire intestine
from all cattle;
! The partial ruminant-to-ruminant feed ban now
in place is “insufficient.” A complete ban on the
feeding of all mammalian and poultry
byproducts to cows and other ruminants is
justified due to the “practical difficulties of
enforcement” and “... to the issues of
cross-contamination as well as the current
problems in differentiating mammalian and
avian MBM.”
February 9, 2004
An “FSIS Update of Recall Activities” states that the total
amount of meat distributed that was subject to recall had
been expanded to approximately 38,000 pounds affecting
578 establishments.
February 9, 2004
APHIS also announces that the field investigation of the
case of BSE in a cow in the State of Washington is
complete, with the following results:
! The epidemiological tracing and DNA evidence
proved that the BSE positive cow slaughtered in
the State of Washington on December 9, 2003,
was born on a dairy farm in Calmar, Alberta,
Canada, on April 9, 1997.
! The epidemiological investigation to find
additional animals from the source herd led to a
total of 189 investigations, leading to complete
herd inventories of 75,000 animals on 51
premises in Washington, Oregon and Idaho. The
inventories involved the examination of the
identification on more than 75,000 animals.
! A total of 255 “animals of interest” (those that
could have been from the source herd in Alberta)

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CRS-16
were identified on 10 premises in Washington,
Oregon, and Idaho. All 255 were depopulated,
and BSE testing was negative for all. The
carcasses from all of the euthanized animals
were properly disposed of in landfills. These
255 are in addition to the 449 animals
slaughtered from the bull calf operation —
bringing total slaughtered for BSE investigatory
purposes to 674 cattle.
! Of the 255 animals of interest, 28 were
positively identified back to the group of 80
cattle that entered the U.S. with the index cow,
as well as 7 heifers out of a group of 17 heifers
which were also known to be from the source
herd. It is not believed that all of these 17
entered the United States, but all of them would
be considered minimal risk and not significant to
the investigation.
! International BSE guidelines state that animals
born on a premises within one year before or
after a BSE-affected animal should be
considered of greater risk. USDA has focused
on 25 of the 81 animals also born into the birth
herd of the index animal. Based on normal
culling practices of local dairies, APHIS
estimated that the Agency would be able to
locate approximately 11 of these animals.
APHIS definitively located 13 of these animals,
plus the index cow, for a total of 14.
! USDA expressed confidence that the remaining
(unlocated) animals represent very little risk.
! Over 2,000 tons of meat and bone meal being
held due to potential contamination with protein
from the positive cow is on hold and will soon
be properly disposed of in a landfill.
! All 255 adult animals depopulated were sampled
and tested for BSE. The 449 bull calves
depopulated were not sampled because they were
too young for the BSE agent to be detected.
February 23, 2004
USDA releases the response of its full animal disease
advisory committee to the subcommittee’s report, among
other things commending U.S. authorities for their
handling of the case. The full committee recommends that
federal officials ask the Harvard Center to review the
subcommittee report, particularly to resolve the “major
discrepancy” between the IRT’s finding that BSE continues
to circulate here and findings in the earlier Harvard
University risk assessment that appeared to be more

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CRS-17
qualified; and that USDA enhance surveillance and
implement more quickly an animal ID program.
February 24, 2004
The Senate Appropriations Committee holds an oversight
hearing specifically on the BSE situation.
March 3, 2004
The Secretary of Agriculture announces that Mexico has
agreed to begin imports of some types of U.S. beef.
March 8, 2004
In light of the discovery of the first confirmed case of BSE
in the United States, APHIS reopens the comment period
for its November 2003 proposed rule (which, among other
things, proposed that Canada be identified as a “minimal
risk” region for BSE). Additional comments on the
proposed rule were due by April 7, 2004.
March 15, 2004
USDA announces an expanded surveillance effort for BSE
in the United States. Under the new program, to start on
June 1, 2004, and expected to continue for 12 to 18
months, USDA says it wants to test as many as possible of
a so-called higher-risk group of cattle (i.e., those which are
nonambulatory, dead, or exhibiting signs of a central
nervous system disorder or other BSE-associated signs). It
estimates this target population to number 446,000.
April 7, 2004
FSIS publishes a notice in the Federal Register requesting
comment on its preliminary regulatory impact analysis of
the three interim final rules issued by the agency on
January 12, 2004. FSIS also extends the comment period
on the January 12 rules to coincide with the close of the
comment period for the impact analysis (on May 7, 2004).
April 8, 2004
USDA denies the request of Creekstone Farms Premium
Beef, a smaller packing company with markets in Japan, to
test all of its cattle for BSE. USDA officials inform
Creekstone that BSE tests have only been licensed for
animal health “surveillance” purposes and “the test as
proposed by Creekstone would have implied a consumer
safety aspect that is not scientifically warranted.”
April 18, 2004
A joint U.S.-Japanese press release states that the two sides
will “actively engage in consultations” and “will
respectively pursue domestic discussions and make efforts
so as to reach a final conclusion by sometime around
summer on the resumption of the importation of both
American and Japanese beef.”
April 19, 2004
USDA publishes on its website a memorandum and a new
list of “Low Risk Canadian Products.” The new list of
“Low Risk Canadian Products” permits “bovine meat and

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CRS-18
meat products including boneless, bone-in, ground meat,
and further processed bovine meat products.”
April 22, 2004
A cattle producers’ group (Ranchers Cattlemen Action
Legal Fund-United Stockgrowers of America, or R-CALF
USA) files a lawsuit seeking federal judicial review of
USDA’s actions on Canadian beef imports.
April 23, 2004
Canada announces rule changes to permit a broader range
of meat and meat products to be imported from the United
States.
April 26, 2004
In response to the R-CALF USA lawsuit, a U.S. District
Judge in Montana issues a temporary restraining order
blocking the expansion of importable Canadian products in
the April 19 action. The judge specifically cites USDA
statements indicating that any actions beyond those taken
in August 2003 would be done through the rulemaking
process.
May 5, 2004
The April 26 temporary restraining order is converted to a
stipulation that expires five days after the plaintiff
(R-CALF USA) is notified of final agency action on the
November 2003 USDA rulemaking. While the stipulation
is in effect, the only bovine meats that can be imported for
human consumption are fresh or frozen bovine liver, all
veal from calves 36 weeks of age or less, and fresh or
frozen boneless meat from animals under 30 months of
age, including trim/manufacturing trim derived from
skeletal muscle with associated tissues — but not including
any ground meat, trim derived from mechanical separation
processes including AMR or from vertebral columns (this
is essentially the August 15, 2003, APHIS list). Canadian
Food Inspection Agency (CFIA) verification that these
products were subject to risk mitigation measures in
Canada also is required.
May 2004
Conflicting information circulates throughout the month as
to exactly what types and quantities of Canadian beef
products had been improperly allowed to enter since USDA
began to ease import restrictions. R-CALF USA asserts
that 33 million pounds of processed beef, more than 3
million pounds of bone-in beef, and 440,000 pounds of
beef tongue were imported improperly from September
2003 to April 2004. USDA’s Under Secretary for Food
Safety states at a press conference that what has come in
from Canada that is not part of what was made eligible in
August 2003 totals approximately 7.3 million pounds, and
that all such products came from animals that were younger
than 30 months of age.

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CRS-19
June 1, 2004
The enhanced BSE surveillance program reportedly begins.
Early in the month, APHIS begins to post on its website
weekly reports on test results.
July 9, 2004
USDA and the Department of Health and Human Services
(DHHS) announce three actions to strengthen federal
safeguards against BSE: (1) a joint FSIS, APHIS, and FDA
advance notice of proposed rulemaking that asks for public
comment on additional preventive actions being
considered; (2) an interim final FDA rule that prohibits the
use of certain cattle-derived materials in human food
(including dietary supplements) and medicines; and (3) a
proposed FDA rule on recordkeeping requirements for the
interim final rule relating to this ban. Specifically, in the
advance notice, FDA asks the public to comment on
measures related to animal feed (e.g., removing SRM from
all animal feed and prohibiting materials from non-
ambulatory cattle and dead stock from use in all animal
feed); APHIS asks for comments on the implementation of
a national animal identification system; and FSIS seeks
comments on whether a country’s BSE status should be a
factor when determining whether its meat inspection
system is equivalent to U.S. regulations.
July 14, 2004
The House Committee on Agriculture and the House
Committee on Government Reform conduct a joint hearing
to review USDA’s expanded BSE cattle surveillance
program. USDA’s Inspector General testifies on a draft
OIG report which cites a number of limitations in the
department’s expanded surveillance plan. The final OIG
report, issued in late August 2004, generally paralleled the
preliminary findings. USDA defends its testing program at
and after the hearing.
August 4, 2004
APHIS announces changes in how it will announce
inconclusive BSE tests, stating that it will not make such
an announcement unless two screening tests (rather than
one screening test) indicate other than a negative result for
BSE. The change is made after two announced
inconclusive tests caused market price disruptions earlier
in the summer, even though they later were found to be
negative upon confirmatory testing.
September 30, 2004
USDA is reported to have spent a total of $51 million for
its BSE-related activities for the fiscal year just ended, $44
million of it for surveillance and testing. FDA is reported
to have spent more than $21 million.
October 23, 2004
The United States and Japan announce jointly that they
have reached agreement on a framework for resuming two-

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CRS-20
way beef trade. The joint statement includes the following
elements:
! Japanese beef would be permitted in the United
States following relevant U.S. rulemaking
procedures.
! The United States would establish, with
Japanese concurrence, an interim marketing
program [a modified version of the Beef Export
Verification (BEV) Program established by
USDA’s Agricultural Marketing Service (AMS)
in 2003] that would enable a resumption of some
U.S. beef exports to Japan, by certifying that all
beef shipments are from cattle under 21 months
old.
! The United States would expand its definition of
cattle parts having a higher risk of harboring
BSE. These “specified risk materials” (SRMs)
would include — for cattle of all ages — the
entire head except tongues and cheek meat;
tonsils; spinal cords; distal ileum; and part of the
vertebral column. This is broader than the
current U.S. SRM definition, which applies
mainly to cattle over 30 months old.
! The two countries would evaluate this interim
marketing program by July 2005, based in part
on a scientific evaluation by international health
experts, and modify it if appropriate.
November 18, 2004
USDA announces that a U.S.-born, nonambulatory cow is
“inconclusive” (possibly positive) for BSE in a screening
test. The carcass is destroyed to prevent its use in the food
or feed supply.
November 23, 2004
USDA announces that two confirmatory tests using the
IHC method (“an internationally-recognized gold standard
test for BSE,” according to officials) both are negative for
the disease. APHIS does not conduct a confirmatory
“Western blot” test, another internationally recognized
method, nor does it send the sample to the BSE World
Reference Laboratory in Weybridge, England, for further
examination.
December 8, 2004
The President signs into law the FY2005 Consolidated
Appropriations Act (P.L. 108-447), which contains annual
funding for USDA, including its BSE activities. Including
funds it had transferred administratively from the
Commodity Credit Corporation (CCC) earlier, USDA says
it will spend a total of $123 million on BSE-related
activities in FY2005, including $69 million for surveillance
and testing and $49 million for animal ID work. The

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CRS-21
measure also contains nearly $30 million for FDA’s BSE
activities.
December 29, 2004
USDA unveils a new APHIS final rule (1) establishing a
category of regions that present a minimal risk of
introducing BSE into the United States from live ruminants
and ruminant products, including the conditions that must
be met to qualify as a minimal-risk region; and (2)
accepting Canada as the first such region. The rule is
published in the January 4, 2005, Federal Register, to take
effect on March 7, 2005. The rule explicitly permits
imports of, among other things, live Canadian cattle and
other bovines for feeding and for immediate slaughter.
December 31, 2004
According to USDA, 176,468 cattle are tested for BSE in
calendar (not fiscal) 2004, all negative for the disease. (A
total of 17,152 head had been tested in FY2004 through
May 31, when the special 12-18-month surveillance
program was initiated.)
Developments Following Second and Third Reported
Canadian Cases (Since January 2005)
In early 2005, as USDA was unveiling its new rule for permitting Canadian
imports, Canada was announcing two additional discoveries of BSE. This brought
to four Canada’s reported native-born cases (including the one found in the United
States). U.S. officials expressed confidence in Canadian BSE safeguards but sent a
team to confirm that feed controls there were effective.
R-CALF USA again sued USDA to halt Canadian beef and live cattle imports,
winning a temporary injunction in early March 2005 against implementation of
USDA’s January 4, 2005, final rule. (The next section describes a higher court’s
reversal of this decision.) In Congress, the agriculture committees have held hearings
on the BSE situation. The Senate voted in early March 2005 to block the USDA
Canada rule, but necessary House action was not expected to occur.
Japan took several steps in 2005 toward lifting its ban on U.S. beef imports, but
its regulatory process and continued consumer resistance there could delay an
opening at least until later in 2005, many observers predict.
January 2, 2005
CFIA reports that BSE has been confirmed in an Alberta
dairy cow born in October 1996, prior to the 1997 “feed
ban” on use of prohibited mammalian material. Canadian
officials say that preliminary testing first detected the
presence of the disease in December 2004. No part of the
animal entered the human food or animal feed supply,
CFIA states.

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CRS-22
January 4, 2005
APHIS publishes the final version of its November 4,
2003, proposed rule. In addition, because it is a “major”
rule, it cannot take effect for 60 days from publication in
the Federal Register or presentation to Congress
(whichever is later), as provided for in the Small Business
Regulatory Enforcement Fairness Act of 1996. This delay
allows time for Congress to review the rule; Congress also
has the option, for 60 legislative days, to pass a joint
resolution overturning the rule.
January 10, 2005
R-CALF USA files another lawsuit in the U.S. District
Court in Montana to halt implementation of the January 4
rule, charging among other things that the rule is based on
a faulty risk assessment not supported by scientific
evidence.
January 11, 2005
CFIA reports that BSE has been confirmed in an Alberta
beef cow born in March 1998, more than six months after
Canada had announced its ban on feeding ruminant
material back to ruminants. Canadian officials say they
have launched investigations to ascertain the whereabouts
of any other at-risk animals and to determine what the
animal had consumed. They speculate that the cow may
have consumed BSE-contaminated feed that had been
manufactured either before the ban, or shortly afterward,
before it had been fully implemented.
January 31, 2005
R-CALF requests a preliminary injunction in its lawsuit
against USDA on the January 4 final rule.
February 3, 2005
The Senate Agriculture Committee holds an oversight
hearing on the Canada BSE situation, where Secretary of
Agriculture Johanns testifies that the Department intends
to implement the rule on March 7 as scheduled.
February 7, 2005
The Administration releases its FY2006 budget proposal,
which includes a request for $66 million for USDA’s BSE
activities and nearly $30 million for FDA’s BSE activities.
February 14, 2005
USDA’s OIG releases the results of its audit Oversight of
the Importation of Beef Products from Canada. OIG finds
that the Department’s actions were sometimes arbitrary and
undocumented, that policy decisions were poorly
communicated to the public and between APHIS and FSIS,
and that controls over the regulatory process were
inadequate. USDA generally agrees to implement
recommendations for improvement.

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CRS-23
February 25, 2005
USDA releases its positive assessment of the effectiveness
of the Canadian ban on feeding most ruminant materials
back to ruminants.
February 25, 2005
GAO issues a report (GAO-05-101) concluding that FDA
had made improvements in its management of the U.S.
feed ban, but that program weaknesses continue to limit its
effectiveness, placing U.S. cattle at risk of spreading BSE.
March 1, 2005
The House Agriculture Committee holds a hearing on the
Canadian beef import rule, taking testimony from Secretary
Johanns, two cattle producer groups, and two meat packers.
March 2, 2005
The U.S. district court in Montana issues a preliminary
injunction to halt implementation of the January 4th rule
and orders attorneys for both USDA and R-CALF to
develop a proposed schedule for trial on the merits of
whether a permanent injunction should be granted.
March 3, 2005
The full Senate votes, 52-46, to approve a resolution (S.
J.Res. 4) providing for the disapproval of the January 4th
USDA rule. However, House passage and the President’s
signature are required for the resolution to take effect,
neither of which is considered a strong likelihood.
March 11, 2005
APHIS publishes a rule to delay until further notice the
applicability of its January 4th rule on minimal risk regions.
March 17, 2005
USDA appeals the Montana U.S. district court judge’s
ruling to block the Canadian import rule to the 9th Circuit
Court of Appeals.
April 29, 2005
APHIS releases a summary of its epidemiological review
of Canada’s BSE cases, reporting that Canada’s
epidemiological efforts have exceeded levels recommended
by an international team of BSE experts.
May 6, 2005
The Japanese Food Safety Commission (FSC) adopts a
final report recommending that cattle under 21 months of
age could be excluded from universal BSE testing, thus
clearing the way for the Japanese Ministry of Health,
Labor, and Welfare (MHLW), and Ministry of Agriculture,
Forestry, and Fisheries (MAFF) to begin promulgating
changes in their domestic BSE testing rules. (A public
comment period is scheduled for May 9 to June 9, 2005.)
May 26, 2005
The Japanese FSC initiates deliberations on the content of
consultations with the Japanese MHLW and MAFF on
conditions for resuming U.S. beef imports.

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CRS-24
May 29, 2005
At the end of 52 weeks of testing under its special 12 to 18-
month surveillance program that began June 1, 2004,
USDA reports that 369,477 high-risk cattle have been
tested, all but one negative for BSE, in the United States.
May 31, 2005
An expert subcommittee of the Japanese FSC begins
deliberations on U.S. imports.
Developments Following Second Reported U.S. Case
(Since June 2005)
June 10, 2005
Agriculture Secretary Johanns announces the possibility of
BSE in sample material from a U.S.-born cow that in
November 2004 had tested negative for BSE. He adds that
samples from the cow are being retested and also being
sent to the BSE World Reference Laboratory in Weybridge,
England, for further examination. The cow tested negative
for BSE last year after an initial screening had indicated an
“inconclusive” (i.e., possibly positive) result. The latest,
possibly positive, result, occurred using a different test
method (the so-called “Western blot,” which, like the IHC
method, also is OIE-recognized). The retest was conducted
by USDA scientists at the request of the Office of Inspector
General (OIG), not the Secretary.
June 24, 2005
The Secretary of Agriculture announces that more testing
has confirmed the presence of BSE in a brain sample first
taken from a U.S. beef cow in November 2004. This is the
first confirmed case of BSE in a U.S.-born animal. The
World Reference Laboratory in Weybridge, England, found
after a series of tests that all except one detected BSE,
including another IHC test. USDA and Weybridge
officials explain that the positive IHC test by Weybridge
used a different procedure than the one used in November
2004 by USDA at Ames, and that IHC methods differ and
do not perform equally. USDA also reveals that a USDA
laboratory had actually found possible BSE in the animal
in 2004 when it applied an “experimental” version of the
IHC test. But USDA asserts that the laboratory did not
report this result because the test was not a proven one.
June 29, 2003
APHIS reports on its epidemiological investigation to
determine the BSE animal’s origin, movements, and herd
mates. Officials state that the cow in question was a 12-
year-old Brahman cross beef cow from a Texas farm,
initially reported to be nonambulatory. The animal was
sampled at a plant that renders dead, dying, diseased, or
disabled animals for non-human uses such as pet food, but

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CRS-25
this animal’s remains never entered the food or feed chain
and were incinerated.
July 12, 2005
Officials report that 67 herd mates have been destroyed and
tested for BSE, all negative, and that they are continuing to
look for other cattle born at about the same time that have
since left the herd.

July 13, 2005
A three-judge panel of the 9th Circuit Court of Appeals
conducts a hearing on USDA’s appeal of the Montana
court’s preliminary injunction on the Canada import rule.
July 14, 2005
The appeals court rules to stay (reverse) the lower court’s
ban. The Secretary says the Department is taking
immediate steps to resume the importation of Canadian
cattle under 30 months of age.
July 18, 2005
The first load of Canadian cattle since May 2003 reportedly
enter the United States.

July 25, 2005
The appeals court issues its opinion explaining reasons for
reversing the district court’s ban on the Canada import rule.
July 27, 2005
APHIS announces that a brain sample from an older cow
taken in April but not tested until more recently produced
a “non-definitive” result using the IHC test, so more testing
is underway to determine whether BSE might be present.
August 1, 2005
Japan eases its rule requiring all cattle to be tested for BSE
regardless of age; now, only cattle over 20 months of age
must be tested. However, all local governments in Japan
reportedly are continuing to test all cattle. (A separate rule
change actually to permit U.S. beef imports is still under
consideration.)
August 3, 2005
APHIS reports that further tests of the suspicious cow
tissue (see July 27) are negative for BSE. Tests were
conducted both by APHIS and the international reference
laboratory for BSE at Weybridge, England.
Postscript
At the time of this report, the Administration and many Members of Congress
were focusing on efforts to reopen more major foreign markets to U.S. beef,
particularly Japan and Korea. At hearings and other venues, U.S. policymakers and
industry officials have expressed frustration with the pace of these efforts. Also, a
group of U.S. cattlemen who have wanted to keep the U.S. border closed to cattle
from Canada until all of their scientific and other concerns were adequately addressed

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CRS-26
initially won a court-ordered delay in implementation of the Canada rule, but that
delay later was reversed by an appeals panel. So, Canadian cattle are again entering
the United States.
After 14 months of intensive surveillance, including 426,164 tests of higher-risk
cattle, one additional BSE case has been confirmed in the United States, according
to USDA. This is the first U.S.-born animal to be confirmed for BSE. USDA has
not tested the 20,000 older adult cattle from the apparently healthy population, which
it said in spring 2004 that it had intended to do.
USDA and industry officials have long argued that the overall U.S. risk profile
is unchanged. They had long warned that one or even several additional BSE-
positive cattle might be found. However, officials have repeatedly attempted to
reassure consumers and foreign buyers that U.S. cattle and beef are safe and pose no
risk to animal health or to human food safety (although research into the disease and
the TSE family of diseases, and consideration of additional regulatory safeguards,
continue). Nevertheless, few observers expect the trade and economic issues to be
resolved quickly. U.S. beef may not be eligible for Japanese importation for at least
several more months, and then the industry faces the difficult task of regaining the
market share there that other countries, notably Australia, have since captured.
USDA’s efforts to expand more ruminant trade between the United States and
Canada bore fruit in July 2005; the next steps are likely to be consideration of the
meat industry’s requests to permit older as well as younger Canadian cattle across the
border. Meanwhile, Congress can be expected to play a continued role, holding
oversight hearings, providing funding for BSE-related activities, and possibly
considering legislative options to address one or more of the problems at hand.

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