The 90-day public comment period for the rule transferring regulation of domestic and imported catfish from the U.S. Food and Drug Administration to the U.S. Department of Agriculture ended on Friday, and the USDA’s Food Safety and Inspection Service is now poring over the 280 comments submitted by both supporters and opponents of the rule.
The rule stems from an amendment to the 2008 Farm Bill charging the USDA with inspecting catfish under the agency’s Federal Meat Inspection Act, but it wasn’t until February that the USDA published the much-delayed rule governing the law.
A lot of questions remain as the rule approaches finalization, including whether pangasius, a catfish-like species raised primarily in Vietnam, will be included in the USDA inspection program.
The Safe Catfish campaign, which is backed by the Catfish Farmers of America (CFA), pointed out in a press release on Wednesday that 84 percent of the 280 comments submitted favor the inclusion of pangasius in the USDA inspection program. “The comments submitted to the USDA make it absolutely clear that consumers, chefs, scientists, public officials and … the catfish industry all agree — our government needs to guarantee the safety of every catfish that lands on a plate in the United States, regardless of where it was raised,” said CFA President Butch Wilson in the press release.
But imported catfish and pangasius interests continue to argue that this is a matter of protectionism, not food safety.
“It is difficult to envision a regulatory proposal that represents more of an unnecessary, wasteful and redundant program than this one. Nothing is more important in our industry than food safety. However, current FDA regulatory oversight is strong and our industry has a demonstrated track record of excellent food safety,” said Matt Fass, president of Newport News, Va.-based importer Maritime Products International, in his comment to the USDA.
“It is discouraging that we are at this stage today making comments on a proposed regulation that we believe is a pure form of protectionism that is not based on legitimate food safety,” he added.
Critics of the rule point to a 2002 U.S. law mandating that only fish in the Ictaluridae family be classified as “catfish;” pangasius — also known as basa, swai or tra — is in the Pangasiidae family.
“The proposed rule, especially if finalized to include the broad definition of ‘catfish,’ would contradict clearly articulated congressional intent, would violate unmistakable U.S. international trade obligations, and would almost certainly prompt a costly response from one or more of the nation’s most important Asia-Pacific trade partners,” said John Connelly, president of the National Fisheries Institute, in his comment to the USDA.
Also expressing concern with the rule during the public-comment period — including the addition of pangasius to the USDA inspection program — were Slade Gorton & Co. of Boston; Clear Springs Foods of Buhl, Idaho; National Restaurants Association; Food Marketing Institute; Retail Industry Leaders Association (whose members include Wal-Mart); American Frozen Food Institute; American Meat Institute; Vietnam Association of Seafood Exporters and Producers; and Vietnam Chamber of Commerce and Industry.
