April 11, 2005
A large group of Canadian cattle producers plans to file a federal class action lawsuit in the United States against R-CALF United Stockgrowers of America (R-CALF) and its efforts to keep the U.S. border closed to Canadian cattle and beef.
According to Winnipeg cattle rancher John Morrison, founder of Fair Market Beef, as of last week approximately 35,000 Canadian cattle producers have become members of the organization, whose sole interest currently is to file the class action against R-CALF.
The suit, which is expected to be filed either Wednesday, April 13, or during the first half of the week of April 20, will ask the U.S. federal district court in Billings, MT, to mandate R-CALF post bond equivalent to $7 million per day for each day R-CALF has delayed the U.S. border reopening to Canadian cattle. That request goes back to March 7, the original date that the U.S. border was scheduled to be reopened to Canadian cattle and an expanded volume of Canadian beef.
In addition, Morrison said the complaint will include language that will force R-CALF to post surety for each day it may delay the process with its request for a permanent injunction against Canadian cattle and beef imports.
"It is our understanding that R-CALF= s funds would last maybe six days if they delay the injunction process and our suit is granted standing," Morrison said. If a surety bond was set at 10 percent of the full bond value, Morrison indicated R-CALF's funds would probably be exhausted sooner than six days.
He added that the Canadians have three points arguing against R-CALF= s stand against reopening the border to Canadian cattle. Those three arguments are:
— Canada has a mandatory tagging and traceback system of all cattle, and individual cattle are not moved until the farm of origin is confirmed.
— Canada has identified and culled over 90 percent of cattle related to animals that were imported in the 1970s or later from countries that have had rampant problems with BSE. According to Morrison, USDA can only verify that 10 percent of those animals have been confirmed and removed from the U.S. herd.
— Other countries in the world have dropped complaints against Canada and its handling and management of BSE.
"Our country' s BSE program is beyond reproach," Morrison said.
Morrison said his organization does not want to harm U.S. cattle producers, but Canadian producers have been put in the position of doing so because they have been pushed into a corner unnecessarily by R-CALF.
"This is no longer an issue of USDA delaying entry of our cattle. Instead one group has taken it upon themselves to bully us (Canadian producers) around, and we have no choice but to fight back and try to regain what we have lost," he said. "They have no basis for keeping us from accessing the U.S. market and that is what we're trying to regain."
Morrison said R-CALF has been contacted by officials with Fair Market Beef, but no meaningful dialogue had occurred through last Thursday.
R-CALF officials said they have been made aware of the Canadian group= s intentions, but they have not had any time to thoroughly look into the situation.
"We have had a lot of other pressing issues to deal with, as well," said Shae Dodson, communications director for R-CALF. "We will certainly take time to look more into the situation as time allows."
Morrison said when the suit is filed that approximately 10 representatives from Fair Market Beef will make the trip to Billings, MT, where they will present their complaint in person to the court and then deliver the appropriate documents to the headquarters of R-CALF. — Steven D. Vetter, WLJ Editor
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A large group of Canadian cattle producers plans to file a federal class action lawsuit in the United States against R-CALF United Stockgrowers of America (R-CALF) and its efforts to keep the U.S. border closed to Canadian cattle and beef.
According to Winnipeg cattle rancher John Morrison, founder of Fair Market Beef, as of last week approximately 35,000 Canadian cattle producers have become members of the organization, whose sole interest currently is to file the class action against R-CALF.
The suit, which is expected to be filed either Wednesday, April 13, or during the first half of the week of April 20, will ask the U.S. federal district court in Billings, MT, to mandate R-CALF post bond equivalent to $7 million per day for each day R-CALF has delayed the U.S. border reopening to Canadian cattle. That request goes back to March 7, the original date that the U.S. border was scheduled to be reopened to Canadian cattle and an expanded volume of Canadian beef.
In addition, Morrison said the complaint will include language that will force R-CALF to post surety for each day it may delay the process with its request for a permanent injunction against Canadian cattle and beef imports.
"It is our understanding that R-CALF= s funds would last maybe six days if they delay the injunction process and our suit is granted standing," Morrison said. If a surety bond was set at 10 percent of the full bond value, Morrison indicated R-CALF's funds would probably be exhausted sooner than six days.
He added that the Canadians have three points arguing against R-CALF= s stand against reopening the border to Canadian cattle. Those three arguments are:
— Canada has a mandatory tagging and traceback system of all cattle, and individual cattle are not moved until the farm of origin is confirmed.
— Canada has identified and culled over 90 percent of cattle related to animals that were imported in the 1970s or later from countries that have had rampant problems with BSE. According to Morrison, USDA can only verify that 10 percent of those animals have been confirmed and removed from the U.S. herd.
— Other countries in the world have dropped complaints against Canada and its handling and management of BSE.
"Our country' s BSE program is beyond reproach," Morrison said.
Morrison said his organization does not want to harm U.S. cattle producers, but Canadian producers have been put in the position of doing so because they have been pushed into a corner unnecessarily by R-CALF.
"This is no longer an issue of USDA delaying entry of our cattle. Instead one group has taken it upon themselves to bully us (Canadian producers) around, and we have no choice but to fight back and try to regain what we have lost," he said. "They have no basis for keeping us from accessing the U.S. market and that is what we're trying to regain."
Morrison said R-CALF has been contacted by officials with Fair Market Beef, but no meaningful dialogue had occurred through last Thursday.
R-CALF officials said they have been made aware of the Canadian group= s intentions, but they have not had any time to thoroughly look into the situation.
"We have had a lot of other pressing issues to deal with, as well," said Shae Dodson, communications director for R-CALF. "We will certainly take time to look more into the situation as time allows."
Morrison said when the suit is filed that approximately 10 representatives from Fair Market Beef will make the trip to Billings, MT, where they will present their complaint in person to the court and then deliver the appropriate documents to the headquarters of R-CALF. — Steven D. Vetter, WLJ Editor
:roll: :roll:
