Unnecessary punishing rules push against longstanding U.S. policy.

U.S. forces in Asia are the latest to be deprived of products deemed safe by U.S. regulators for consumption by United States citizens but not allowed to be sold to U.S. military at overseas locations.

This despite the products being shipped on U.S. carriers to U.S. sites for U.S. consumption.

The latest flare-up comes on poultry products destined for troops in the Far East where host nation restrictions are causing fresh poultry shortages at U.S. military bases worldwide. Countries imposing AI bans affecting U.S. military bases include Japan, Korea, the European Union, UAE, and Qatar. These countries require FSIS Form 9060-5 for importation, attesting that birds did not originate from HPAI zones. Fresh poultry shipped as cooked poultry for reheating suffers from quality degradation. “HPAI apparently poses no direct threat to these countries or U.S. troops; however, the bans could impact troop well-being and readiness as countries could impose food restrictions at any time, leading to potential shortages,” said Steve Rossetti, President of the American Logistics Association.

Poultry products, whether fresh, frozen or cooked, that are shipped from the U.S. to U.S. military personnel overseas should be subject to the same HPAI regulations and procedures used by FSIS within the United States. This is the case in Kuwait which currently provides the best model for how these shipments should be handled – its domestic HPAI regulations do not govern shipments of poultry and poultry products consigned to go directly to the U.S. military.

An August 13, 2021, interagency memo reinforced and set forth long-standing U.S. policy when it comes to U.S. products deemed safe by U.S. regulators destined to U.S. bases for U.S. consumers, Rossetti said.  The interagency memo says specifically that the host nation restrictions should not apply “since the products are manufactured under the regulatory oversight of U.S. competent authorities and subject to an extensive U.S. system for food safety and foreign animal disease surveillance, prevention, and eradication. It is well understood in the context of the NATO SOFA and defense agreements practice that respect does not require compliance with host nation law.”

Rossetti pointed to Senate language in the Fiscal Year 2025 defense bill that expressed concerns about limits placed by other nations on U.S. companies in their ability to provide their products to commissaries on U.S. bases in those countries. In particular, the committee notes that foreign countries have placed undue restrictions prohibiting the transit of poultry to commissaries on U.S. bases in foreign countries based on outbreaks of avian influenza in the United States.

The Committee went on to say that “commissaries at foreign bases should be able to transit products from U.S. companies exempt from local restrictions provided those products are deemed safe for commerce by USDA.”

“The United States boasts the world’s most robust avian influenza surveillance program,” Rossetti said citing industry sources.. “Through ongoing wild bird surveillance, U.S. regulators collect and test numerous samples from wild birds in North American flyways. Avian influenza viruses can circulate freely in wild bird populations without causing apparent illness,” said Rossetti.

“U.S. government agencies should not apply state and county restrictions imposed by other nations for raw whole poultry or parts intended for immediate thermal processing at U.S. military bases,” Rossetti said.   “These products could be certified for export at the plant of origin and transported directly to U.S. military bases under a commercial seal, with the seal number included on FSIS Form 9060-5,” Rossetti added.

Rossetti pointed to industry and Federal standards that govern exports. “The World Organization for Animal Health sets HPAI trade expectations. Veterinary Authorities require international veterinary certificates for fresh poultry meat, confirming the meat comes from HPAI-free zones or compartments and has undergone inspections. This should not serve as a basis for impeding safe U.S. products going to U.S. troops overseas,” Rossetti said.

The Food Safety and Inspection Service inspects all birds presented for slaughter, ensuring only healthy birds are passed for consumption. Poultry can move freely within the U.S., including Alaska, Hawaii, and U.S. territories like Guam. FSIS maintains an export library detailing each country’s requirements for U.S. poultry exports in case of HPAI detection. Countries may restrict fresh poultry movement from the entire U.S., an infected state, or specific zones if they are identified and established by APHIS as infected.