CDC Finalizes New Regulations on Import Bans for Products Affected by Epidemics
The Centers for Disease Control and Prevention issued a final rule adopting new regulations on the refusal of entry to animals or other products when the CDC deems it necessary to prevent the spread of disease. Under the final rule (here), CDC may “suspend the entry” of “animals, articles or things” into the U.S. from foreign countries or regions, whenever CDC “determines that such an action is necessary to protect public health.” CDC must specify the animal or product, country or region, and time period covered by the ban. The final rule takes effect Feb. 21.
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Actions under the new authority "may include limiting entries to certain ports where physical inspections are available," CDC said. "In keeping with current practice, HHS/CDC will implement public health protection measures that strike the appropriate balance between protecting the public's health and continued importation and trade," it said.
In response to comments, CDC clarified the intended meaning of "thing" under the regulations. "'Article' generally refers to an article of commerce, such as a specific product that someone wishes to import into the United States or move between States that poses a public health risk," CDC said. "In contrast, a 'thing' simply refers to a material object that poses a public health risk regardless of whether there is a specific intent to import or move between States."
The new regulations come amid concerns over recent outbreaks of Middle East Respiratory Syndrome in South Korea, measles in the U.S. and the Ebola virus in West Africa. In the proposed rule, CDC said it “does not anticipate a current need to exercise this authority and expects to invoke this provision rarely and based on sound epidemiological information of animal-to-human transmission either in the United States (through importation) or in a country where an outbreak is occurring, laboratory testing of humans or animals, or other evidence that suggests risk of importation of a communicable disease vector to the United States."
(Federal Register 01/19/17)