The recently passed 2008 Food, Conservation, and Energy Act of 2008 (the Farm Bill) empowers the US Department of Agriculture to regulate catfish. The law authorizes the USDA to regulate the catfish processing industry in the same manner as it currently inspects meat and poultry. In particular, Section 11016(a)(2) of the 2008 Farm Bill grants to USDA the authority to issue a definition of catfish under 21 U.S.C. 601(w).

Recently, a USDA official advised that the agency was considering expanding the definition of catfish in their proposed rule for catfish inspection to include Ictaluridae and Pangasius.  As a result, Ictaluridae and Pangasius imports into the United States could be subject to the same USDA equivalency standards used for the importation of fresh meat products.  Equivalency means that all inspectors, veterinarians, lab personnel must have the same degrees and training as in the United States; and government inspection agencies must operate according to rules similar or equivalent to those in the United States. Broadening the definition of catfish to include Ictaluridae and Pangasius may result in an import ban on Ictaluridae and Pangasius because many Asian countries likely will not meet USDA equivalency standards. 

Officials at USDA suggest the proposed rule broadening the definition of catfish will be published in December/early 2009, followed by public meetings and comments. Including Ictaluridae and Pangasius in the definition of catfish is a strong possibility. Imports from China are also vulnerable because USDA may broaden the definition to include Chinese catfish. However, USDA is considering several alternatives and no final decision has been made. 

United States importers should try to persuade USDA officials not to regulate Ictaluridae and Pangasisus imports. Because USDA requirements may expand to cover other seafood products, importers of all seafood should remain vigilant. As noted above, USDA officials have not made a final decision, and are considering several alternatives. Arent Fox has significant experience with the seafood industry, generally, and catfish in particular.        

For more information regarding this important new regulation, please contact:

John Gurley
gurley.john@arentfox.com
202.857.6301

Joseph Rieras
rieras.joseph@arentfox.com
202.857.6347