The Nebraska Department of Agriculture (NDA) has received numerous inquiries about the alternatives for cattle carcass disposal under a new Food and Drug Administration (FDA) rule designed to protect against Bovine Spongiform Encephalopathy (BSE).

The FDA rule, commonly called the Feed Ban Enhancement, prohibits the use of cattle brain and spinal cord material from cattle over 30 months of age in feed for all animal species. This change means that entities that handle cattle over 30 months of age (such as renderers and slaughter facilities) will be implementing new handling guidelines in order to comply with the FDA rule. For more details on the rule, renderers and slaughter facilities should check here: http://www.fda.gov/cvm/Documents/ BSE_QA.pdf. The specific federal reference can be found in Section 21, Code of Federal Regulations, 589.2001. The rule went into effect on April 27, 2009, but parties have until October 26, 2009, to achieve compliance.

The rendering industry is facing the largest impact with this rule change. As renderers work to comply with the new rule, changes they implement will filter down to livestock producers, veterinarians, and perhaps others who work with cattle.

Even though farmers, ranchers, and veterinarians will be affected by the rule change, there are - unfortunately - relatively few options for how to address it. As a cattle producer, dairy farmer, veterinarian, or other livestock handler, you should begin to consider your options for cattle carcass disposal:

1. Visit with your renderer to find out how the business intends to comply with the rule. Some renderers may elect not to collect dead cattle that are over 30 months of age. Others may continue to pick up the over 30-month-old animals but will increase the fee associated with collection of such animals. Each renderer may be addressing the Feed Ban Enhancement Rule in a different manner.

   If the renderer you normally do business with is no longer taking over 30-month cattle, you may consider checking with other renderers. NDA is responsible for the licensing of renderers in Nebraska; to view a listing of the state's licensed renderers, click here. Also, NDA may post here, at a later time, information from individual Nebraska renderers regarding how they intend to address this rule. It will be at the renderers' individual discretion whether they wish to supply such information to NDA to publicize.

2. Become knowledgeable about your alternatives for on-farm cattle carcass disposal, as allowed for under current state law.
   1. Burying - A carcass must be buried at least four feet below the surface of the ground; the carcass must be buried at least 500 feet away from any dwelling house or barn. It must be buried within 36 hours after knowledge of death.

   2. Composting - A carcass up to 600 pounds may be incorporated into a composting facility on the premises where the animal died. By law, anyone composting carcasses must follow operating procedures, as set forth in the Journal of the American Veterinary Medical Association. NDA is responsible for regulation of composting livestock carcasses, and more information on this practice can be found in Title 23, Chapter 17 of the Nebraska Administrative Code. It's important to note that most cows over 30 months of age will weigh more than 600 pounds, so this is more than likely not a viable alternative.

   3. Burning - A carcass may be completely burned on the premises where the animal died. In most cases, the only plausible method for conducting such disposal is by utilizing some type of incineration equipment. If you are considering the use of incineration equipment on your farm, ranch, or business, you first must contact the Nebraska Department of Environmental Quality, Air Division, at 402-471-2189. The Air Division is responsible for the permitting of such equipment.

Some individuals have inquired about whether cattle carcasses can be disposed of at county or municipal solid waste landfills. Under state statute this is not an option.

It's also important to note that it is a violation of state law for anyone, other than a licensed renderer, to move or transport a carcass from the premises where the animal died, unless it is being transported to a veterinary clinic or veterinary diagnostic lab for diagnostic work.

With the exception of the composting process, NDA does not have enforcement authority regarding on-farm carcass disposal. Concerns about improper carcass disposal should be directed to local law enforcement.

Because of the Feed Ban Enhancement Rule, renderers now must develop a process to determine and document the age of ALL dead cattle they are collecting in order to prove compliance. Some options that have been suggested include animal identification systems, dairy herd records, dentition, and body weight; however, the rule does not mandate the use of any particular process for age determination. In some cases, renderers may choose to have producers provide formal, written documentation (such as an affidavit) regarding age of animals. Each renderer may have different requirements.

Many renderers are already making changes to their operations, so cattle handlers across the state should begin now to educate themselves about their options.

If you have questions that are not addressed in this guidance document, please contact the NDA's Bureau of Animal Industry at 800-572-2437.