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BEEF NEWS
Creekstone asks for summary judgment in BSE testing case

by Pete Hisey on 7/17/2006 for Meatingplace.com

Creekstone Farms, which is suing USDA to be allowed to test all of its cattle for presence of bovine spongiform encephalopathy, filed for summary judgment in Washington, D.C. Friday, and the company suggested that such universal testing might both eliminate the need for and expense of age verification for export animals and help regain market share in key export markets such as Japan and South Korea.

USDA has until August 25 to reply to the request for summary judgment, then each side has another month to file amended replies. Creekstone charges that since the BSE rapid test it plans to use is not a vaccine, serum, virus or toxin, it does not qualify under the Virus Serum Toxin Act of 1913, the Act USDA cites as its authority for restricting the sale of test kits.

John Stewart, chief executive of the company, noted that several recent developments have given support to Creekstone's position. The discovery of another case of BSE in Canada, for instance, may impel both Japan and South Korea to demand strict segregation of U.S. and Canadian cattle in slaughter plants, possibly an expensive process for many processors.

Additionally, he said, "it would be logical" that the Japanese would drop their demand for cattle only under 21 months of age if all exported animals were tested, allowing processors to fatten cattle for more profitability.

Testing may also eliminate the demand for boneless beef only, restrictions that resulted in the closure of the market over bone content that posed no health risk.

"At first, we looked at testing as a tool to open markets," Stewart said during a press conference. "Now we look at it as a tool to regain market share. Consumers in Japan are skittish about U.S. beef" and testing would reassure them, he said.

Additionally, testing would insulate U.S. beef against any future BSE event and probably keep export markets open in such an event.
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