Cattle dispute continues
USDA: Animals came directly from Canada; S.D. livestock producer disagrees
By Scott Waltman
American News Writer
Canadian cattle at a Swift packing plant in Nebraska were delivered directly from Canada, not by a South Dakota livestock producer, a U.S. Department of Agriculture investigation has determined.
Federal law requires Canadian cattle to be shipped only in sealed trucks to feedlots or slaughterhouses.
However, the South Dakota cattleman involved believes some cattle he bought at livestock auctions in the state came from Canada.
The USDA investigation started after the Swift plant informed Jan Vandyke of Wessington Springs that it was withholding payment for seven head of cattle he sold to the packer in November. Vandyke then contacted the USDA, state ag officials, livestock groups and politicians to see what had happened and how he could be paid for the cattle.
A USDA official said Wednesday that the investigation revealed that the Canadian cattle were never at Vandyke's operation. Instead, the investigation showed the cattle in question were shipped directly to the plant from Manitoba, Canada, as is allowed by law.
The USDA was able to use import documents to determine that the animals entered the United States legally, the ag department spokesman said.
But Vandyke said he's sure the cattle were in his yard. He said he remembers seeing the distinct ear tags. Vandyke said his family members also remember the eartags.
"I have unanswered questions galore," Vandyke said.
He said he gave the USDA an affidavit stating that the cattle in question were definitely in the load he sent to the packer.
"Although we had not known that they were Canadian cattle, we recognized the eartags that were shown to us by the inspector after the cattle were received by the packer," Vandyke said in a press release issued by the South Dakota Stockgrowers.
Proper paperwork: However, Sam Holland, state veterinarian for South Dakota, said the paperwork indicates that tags of the cattle in question were checked at the Canadian border. The proper papers were found at the port of entry, he said Wednesday.
"The paperwork trail that's required for slaughter cattle is pretty irrefutable," Holland added.
Holland, who has been critical of some USDA dealings, said the investigation into the Vandyke situation was thorough and straightforward. While more work could be done on the case, Holland said that it now appears that the proper information has been released.
Vandyke said he's upset with the USDA investigation because he believes its findings are incorrect. He said he bought about 90 head of cattle on three days in February from livestock markets in South Dakota. He fed them until he sold them to Swift in November. He said Swift is getting short-changed because the investigation indicates a mix-up at the Swift plant.
The real question, Vandyke said, is how he unknowingly bought the Canadian cattle at South Dakota livestock auctions.
"I've told the truth" to the USDA investigator, Vandyke said.
The USDA currently allows only cattle that are younger than 30 months old to come into the United States. Those cattle must be shipped in sealed trucks to identified feedlots and are to remain at that feedlot until they are ready to be slaughtered.
Received payment: Since the investigation's determination, Vandyke has been paid the $11,000 that was being withheld when Swift thought his cattle originated in Canada.
Vandyke said he agrees with the South Dakota Stockgrowers and the Ranchers-Cattlemen Action Legal Fund, commonly called R-CALF, that the USDA's cattle importation process is faulty.
Both groups are opposed to a plan to open the borders even wider. In a press release, South Dakota Stockgrowers said USDA needs to scrap a plan that would allow Canadian cattle older than 30 months into the United States under certain conditions. Vandyke said he agrees.
"Back in 2003, the U.S. lost our entire export market due to a Canadian-born cow found in Washington state with (mad cow disease)," Rick Fox of Hermosa, president of South Dakota Stockgrowers, said in the press release. "Now, USDA proposes to re-open the border to these potentially diseased older cows from Canada. Clearly, they are unable to keep track of the Canadian cattle that enter this country, and become the burden of the U.S. producer who knowingly or unknowingly purchased them."
Holland said that he doesn't fault the Vandykes for believing their cattle had Canadian tags. Such a detail is easy to confuse after the fact, he said. But, he added, South Dakota Stockgrowers prematurely presented as fact the belief that Vandyke bought Canadian cattle in the state.
South Dakota Stockgrowers has requested a copy of the report with investigation details from USDA.
