Judge speeds Creekstone's USDA suit
BY PHYLLIS JACOBS GRIEKSPOOR
The Wichita Eagle
May. 26, 2006
Kansas, US
Arkansas City beef processor Creekstone Farms has won a court ruling that will speed up a hearing date in its lawsuit against the U.S. Department of Agriculture.
U.S. District Court Judge James Robertson approved a schedule allowing Creekstone to file for summary judgment in the company's suit, which challenges the USDA's authority to deny the company's request to test all cattle it slaughters for mad cow disease.
The judge's ruling will allow Creekstone to file a motion by June 23 and sets Sept. 15 as a deadline for all parties to respond.
Creekstone president and chief executive John Stewart said that could shave months off the wait for a hearing.
Creekstone filed the suit in March after the USDA refused to allow it to conduct the testing, which the USDA says is unnecessary and contrary to the sound science policy adopted by the government.
Creekstone produces high-end premium beef under its Premium Black Angus Beef program, one of the few branded programs certified by the Agricultural Marketing Service.
It had sought to test every animal as a way to regain its customers in Japan.
Creekstone built a private lab in its Ark City plant and sent employees to France to be trained in the proper use of the test. It also agreed to work with the testing laboratory at Kansas State University, which is part of the USDA network.
But the USDA contends that blanket testing is not sound science and that allowing one company to do it would give the impression that it was necessary.
Company officials said they agree that the tests are not necessary for food safety and agree that the cattle it slaughters, generally between 16 and 20 months of age, are too young for the disease to be detected. But, they said, they were willing to pay for the tests anyway because testing is what their customers want and the loss of those customers has cost them more money than the testing would cost.
kansas.com
BY PHYLLIS JACOBS GRIEKSPOOR
The Wichita Eagle
May. 26, 2006
Kansas, US
Arkansas City beef processor Creekstone Farms has won a court ruling that will speed up a hearing date in its lawsuit against the U.S. Department of Agriculture.
U.S. District Court Judge James Robertson approved a schedule allowing Creekstone to file for summary judgment in the company's suit, which challenges the USDA's authority to deny the company's request to test all cattle it slaughters for mad cow disease.
The judge's ruling will allow Creekstone to file a motion by June 23 and sets Sept. 15 as a deadline for all parties to respond.
Creekstone president and chief executive John Stewart said that could shave months off the wait for a hearing.
Creekstone filed the suit in March after the USDA refused to allow it to conduct the testing, which the USDA says is unnecessary and contrary to the sound science policy adopted by the government.
Creekstone produces high-end premium beef under its Premium Black Angus Beef program, one of the few branded programs certified by the Agricultural Marketing Service.
It had sought to test every animal as a way to regain its customers in Japan.
Creekstone built a private lab in its Ark City plant and sent employees to France to be trained in the proper use of the test. It also agreed to work with the testing laboratory at Kansas State University, which is part of the USDA network.
But the USDA contends that blanket testing is not sound science and that allowing one company to do it would give the impression that it was necessary.
Company officials said they agree that the tests are not necessary for food safety and agree that the cattle it slaughters, generally between 16 and 20 months of age, are too young for the disease to be detected. But, they said, they were willing to pay for the tests anyway because testing is what their customers want and the loss of those customers has cost them more money than the testing would cost.
kansas.com