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Editorial on R-CALF's lawsuit against border reopening

Yanuck

Well-known member
COMMENTS
November 12, 2007

Round two


We knew it was going to happen. R-CALF United Stockgrowers of America filed their suit for an injunction on over-30-month (OTM) cattle and beef imports from Canada two weeks ago. USDA published the rule roughly 50 days ago and set Nov. 19 as the start of OTM trade.


The complaint filed by R-CALF and a few individuals, along with several consumer groups, read almost exactly like the last injunction they filed, which lost three or four times in various federal courts. I really can’t remember how many anymore, but it looked like the same old deal. The few differences included a new attorney and a more friendly federal court. I’m sure they had to think hard about filing their case in the same court that took on the beef checkoff, which ultimately went to the U.S. Supreme Court.


But it’s the same complaint about USDA being arbitrary and capricious in their decision to open the border to OTM cattle. The thing that is surprising is that the 9th Circuit Court of Appeals told R-CALF’s attorneys three times that USDA is the undisputed authority on bovine spongiform encephalopathy (BSE) and what they say pretty much stands. There was an overwhelming amount of precedent set by the courts on the first injunction for cattle under 30 months old. It is bewildering they would do it again.


As far as the market for OTM cattle is concerned, all the market analysts I have had discussions with were unanimous in saying that it will have little or no effect on the slaughter cow market—because there aren’t enough OTM cattle qualified for export.


The fact that R-CALF filed for an injunction didn’t surprise anyone. The groups they chose to partner with are, perhaps, the shocking part of the complaint. At the top of the list is the Consumer Federation of America and their beef henchman Carol Tucker Foreman who has had it out for the beef industry her entire professional career.


What is surprising to me is that after reviewing the Web sites of all the groups that signed on to the complaint, there is no mention on any of them about this case with R-CALF. There is no mention of BSE or R-CALF in their archives since 2005.


The beef industry has been in the news quite a bit lately with E. coli 0H157 and the big problem that Topps Foods brought on themselves. The word on the street is that this outfit wasn’t even following their own Hazard Analysis and Critical Control Point procedures program by not creating thresholds of production. They almost got what they deserved.


Two weeks ago, there were accusations made saying the beef that put Topps out of business came from the now defunct Canadian packer Rancher’s Beef. Last week, an army of USDA Food Safety Inspection Service inspectors descended on the Canadian packing industry to put them under a microscope to make sure they are following proper protocol. I don’t know what they will find. What are you going to do with a packing company that is already out of business? Tyson and Cargill do business the same way up there as they do here and the owner of XL Foods told one of my sources that they will welcome the inspectors with open arms.


There are two things that really bother me about the antics of R-CALF. First, taking on these consumer groups as co-plaintiffs and rehashing the BSE issue which, in my opinion isn’t an issue, will stand a very good chance of damaging beef demand. It is important to consider that there are no other credible cattle organizations signing onto this injunction. Are consumer groups the only way R-CALF can muster any support for their cause?


Second is that the Canadian cattle business is in trouble, with some projecting that nearly a third of the farms and ranches will go bankrupt in the next few years. Over the past several weeks, the biggest buyers of Canadian feeder cattle have been opportunistic American cattlemen. The Canadians are apprehensive about buying feeder cattle and that has literally killed their trade. Fed cattle are trading at 75 cents while the cost of gain is 85 cents. If I were a big packer in the U.S., I would be loading up on Canadian fed cattle.


When you look at these R-CALF lawsuits with an objective eye and consider who they have chosen as bedfellows, it appears dangerous for the beef industry and nearly fatal for Canadian cattlemen. I have much more respect for the new U.S. Cattlemen’s Association—which is a spin-off of R-CALF dissidents—because they have demonstrated some level of reasonable logic. — PETE CROW


Crow Publications - Any reprint of WLJ stories, except for personal use,
without permission, written consent and appropriate attribution is prohibited.
©1996-2006 Crow Publications. All rights reserved.
 

Sandhusker

Well-known member
I'd like to ask Mr. Crow a couple of questions;

How can the USDA's decision be anything other than arbitrary and capricious? Exactly what definition of "low" are they using? What scale? Who decided what is "low", "medium", or "high"? I'm not real comfortable accepting biased opinions from the same group that claimed Canada's feed ban was effective in 1997, is he?

Does HE believe the USDA is the undisputed authority on BSE?

Does he believe that decisions by government agencies should be exempt from challenges by the citizenry?

When has it been a bad idea to sit at the same table as your customers?

Wouldn't an anti-beef group be running hard with the BSE issue instead of a "no mention"?
 

QUESTION

Well-known member
SandH it just makes me wonder ? According to US Ag. economists the US cattle prices are at historical highs. And this it the longest sustained period profitability for the cow/calf producers in history. Just some highlights for you guys from a US article (The Complete Package) i read - Jim Sartwelle livestock economist for the American Farm Bureau Federation (AFBF) said heifer retention numbers are dropping again by 6 % from 06. And this year calf crop is down 200,000 from 06, so that means less cows. Dr. Chis Hurt extension economist from Purdue University predicts record or near record prices in the US for calves for the late fall and winter period. He also predicts a drop in cow numbers thus a smaller calf crop next year, it seems like the US cattle producers are putting the cattle cycle on hold and delaying the the expansion phase that normally occurs with high calf prices. Bill Helming of Bill Helming Consulting Services of Olathe Kansas predicts the same drop in production the holding up high calf prices. The 2007 calf crop is projected to be the smallest since 1952. And how many more people are living in the US now compared to 52 ? Not to mention US exports to South Korea is up 6.49% and exports to Canada are up 34.52% from last year. So what is the problem here demand is out stripping supply and r-calf sees canadian cattle as a threat? :???: Not to mention age verifying OTM's will mean basically only OTM purebred stock would be eligible to go to the US when the border does open. Which means no flood of OTM cattle heading south. So where is the problem. I forgot the r-calfers needs some one to blame for their problems. :roll: wait. :? :???: This is the longest time of prosperity for US cattle producers. I guess it comes down to greed after all a 34.5% increase in US exports to Canada from the year previous and r-calf doesn't want the small number of canadian OTM cattle? Has r-calf ever heard this - you can't have your cake and eat it too. You don't want to import from Canada but you want to increase exports to Canada. How long will it be until some one in r-calf realizes that everyone else was right when they said the US needs canadian cattle? Sandh i expect a response but, it will have nothing to do with the truth or facts just more scare tactics about how canadian cattle will wreck the US beef industry. Truthfull you guys are just about at the top of the ferris wheel and called a stop, so i guess Canada will be a scapegoat when calf prices start to fall in the US when we have nothing to do with it.
 

Yanuck

Well-known member
Sandhusker said:
I'd like to ask Mr. Crow a couple of questions;

How can the USDA's decision be anything other than arbitrary and capricious? Exactly what definition of "low" are they using? What scale? Who decided what is "low", "medium", or "high"? I'm not real comfortable accepting biased opinions from the same group that claimed Canada's feed ban was effective in 1997, is he?

Does HE believe the USDA is the undisputed authority on BSE?

Does he believe that decisions by government agencies should be exempt from challenges by the citizenry?

When has it been a bad idea to sit at the same table as your customers?

Wouldn't an anti-beef group be running hard with the BSE issue instead of a "no mention"?


Most papers welcome letters to the editor, the email address is [email protected] ask away, all they require is a name and address
 

Sandhusker

Well-known member
QUESTION said:
SandH it just makes me wonder ? According to US Ag. economists the US cattle prices are at historical highs. And this it the longest sustained period profitability for the cow/calf producers in history. Just some highlights for you guys from a US article (The Complete Package) i read - Jim Sartwelle livestock economist for the American Farm Bureau Federation (AFBF) said heifer retention numbers are dropping again by 6 % from 06. And this year calf crop is down 200,000 from 06, so that means less cows. Dr. Chis Hurt extension economist from Purdue University predicts record or near record prices in the US for calves for the late fall and winter period. He also predicts a drop in cow numbers thus a smaller calf crop next year, it seems like the US cattle producers are putting the cattle cycle on hold and delaying the the expansion phase that normally occurs with high calf prices. Bill Helming of Bill Helming Consulting Services of Olathe Kansas predicts the same drop in production the holding up high calf prices. The 2007 calf crop is projected to be the smallest since 1952. And how many more people are living in the US now compared to 52 ? Not to mention US exports to South Korea is up 6.49% and exports to Canada are up 34.52% from last year. So what is the problem here demand is out stripping supply and r-calf sees canadian cattle as a threat? :???: Not to mention age verifying OTM's will mean basically only OTM purebred stock would be eligible to go to the US when the border does open. Which means no flood of OTM cattle heading south. So where is the problem. I forgot the r-calfers needs some one to blame for their problems. :roll: wait. :? :???: This is the longest time of prosperity for US cattle producers. I guess it comes down to greed after all a 34.5% increase in US exports to Canada from the year previous and r-calf doesn't want the small number of canadian OTM cattle? Has r-calf ever heard this - you can't have your cake and eat it too. You don't want to import from Canada but you want to increase exports to Canada. How long will it be until some one in r-calf realizes that everyone else was right when they said the US needs canadian cattle? Sandh i expect a response but, it will have nothing to do with the truth or facts just more scare tactics about how canadian cattle will wreck the US beef industry. Truthfull you guys are just about at the top of the ferris wheel and called a stop, so i guess Canada will be a scapegoat when calf prices start to fall in the US when we have nothing to do with it.

So....... what does that have to do with the topic? :shock:
 

QUESTION

Well-known member
Are you joking SandH ? :roll: It shows the real reason r-calf wants to keep canadian cattle out and thus has filed to keep OTM cattle from Canada out. GREED. The US cattle industry is doing better than any time in history or so the economists say. And acchording to the consensus of these economists this will keep up until at least late 2009 or early 2010. And even rule 2 won't stop it. Just simple economics increased or stable demand and diminishing supplies equals high prices. R-CALF seems to forget the 34.5% increase in exports of beef to Canada from the US compared to last year. Care to comment on that. :cowboy:
 

QUESTION

Well-known member
reason not plural, :roll: SandH :oops: funny how you seem to miss the question with such a large increases in the amount of exported beef to Canada you want to tell Canadians that imports should increase. Sorry but trade is a 2 way street.
 

Sandhusker

Well-known member
QUESTION said:
reason not plural, :roll: SandH :oops: funny how you seem to miss the question with such a large increases in the amount of exported beef to Canada you want to tell Canadians that imports should increase. Sorry but trade is a 2 way street.

I "want to tell Canadians that imports should increase"? What are you talking about?
 

QUESTION

Well-known member
SandH acchording to stats from the USDA and CFIA the exports to Canada have increased by 34.5% from last year. As far as using the woud "you" it was being used in the vanacular for r-calf supporters. I asked do you think that it is reasonable to fight to keep canadian cattle out of the US and expect canadians to accept more beef from the US ? :? Just explain the logic :oops: Oh well go off on some tangent again and avoid the real REASON for the exsistance of r-calf - GREED. Tex don't go down that road, when the US is decreasing testing. Do you realize that OTM cattle will have to be age verified and a producer's word isn't good enough, so OTM's will consist of cull PB stock and cattle with rfid tags with records verifying age. So sorry the sky won't fall as the OTM commercial cull cows will be disposed of up here. There is no reason to keep the OTM's out other than greed of r-calf members.
 

Sandhusker

Well-known member
QUESTION said:
SandH acchording to stats from the USDA and CFIA the exports to Canada have increased by 34.5% from last year. As far as using the woud "you" it was being used in the vanacular for r-calf supporters. I asked do you think that it is reasonable to fight to keep canadian cattle out of the US and expect canadians to accept more beef from the US ? :? Just explain the logic :oops: Oh well go off on some tangent again and avoid the real REASON for the exsistance of r-calf - GREED. Tex don't go down that road, when the US is decreasing testing. Do you realize that OTM cattle will have to be age verified and a producer's word isn't good enough, so OTM's will consist of cull PB stock and cattle with rfid tags with records verifying age. So sorry the sky won't fall as the OTM commercial cull cows will be disposed of up here. There is no reason to keep the OTM's out other than greed of r-calf members.

No reason other than your OTMs carry BSE and our loopholes down here will allow those prions to be spread. Yeah, it's all about greed.
 

Big Muddy rancher

Well-known member
Yanuck said:
Sandhusker said:
I'd like to ask Mr. Crow a couple of questions;

How can the USDA's decision be anything other than arbitrary and capricious? Exactly what definition of "low" are they using? What scale? Who decided what is "low", "medium", or "high"? I'm not real comfortable accepting biased opinions from the same group that claimed Canada's feed ban was effective in 1997, is he?

Does HE believe the USDA is the undisputed authority on BSE?

Does he believe that decisions by government agencies should be exempt from challenges by the citizenry?

When has it been a bad idea to sit at the same table as your customers?

Wouldn't an anti-beef group be running hard with the BSE issue instead of a "no mention"?


Most papers welcome letters to the editor, the email address is [email protected] ask away, all they require is a name and address


So Sandhusker did you mail off your letter to the editor? :roll:
 

QUESTION

Well-known member
C'mmon SandH that is getting pretty old. Or do you acutally think pb operators will send culls stateside on purpose, not to mention not a single BSE positives was a PB beef cow. Maybe your should do some reseach before yelling wolf. We will see monday if there is a flood of OTM's with BSE being found in US plants :yeah: :sure: :roll:
 

Sandhusker

Well-known member
QUESTION said:
C'mmon SandH that is getting pretty old. Or do you acutally think pb operators will send culls stateside on purpose, not to mention not a single BSE positives was a PB beef cow. Maybe your should do some reseach before yelling wolf. We will see monday if there is a flood of OTM's with BSE being found in US plants :yeah: :sure: :roll:

Have you seen anything from the USDA stating that they are going to test Canadian OTMs?
 

mrj

Well-known member
Sandhusker, "sitting at the same table with your customers" is what Beef Checkoff leaders and NCBA members and leaders do quite often.

What R-CALF has done is partner with groups CLAIMING to REPRESENT consumers.

I would challenge R-CALF and CFA and others to show documentation of how many consumers actually pay dues to belong to their organization.

That's DUES, and participation in the organization by a substantial number or consumers, not a subscription to the 'reports' the org. writes, or some other such enticement to "join" such as insurance, for one.

mrj
 

Sandhusker

Well-known member
mrj said:
Sandhusker, "sitting at the same table with your customers" is what Beef Checkoff leaders and NCBA members and leaders do quite often.

What R-CALF has done is partner with groups CLAIMING to REPRESENT consumers.

I would challenge R-CALF and CFA and others to show documentation of how many consumers actually pay dues to belong to their organization.

That's DUES, and participation in the organization by a substantial number or consumers, not a subscription to the 'reports' the org. writes, or some other such enticement to "join" such as insurance, for one.

mrj

What consumers groups has NCBA met with lately?
 

Tex

Well-known member
Sandhusker said:

I don't know if Cargill or Hormel are in the NCBA, but Bart Stupak had them at the same table as a few consumer groups and the USDA at the hearings on fraud and deception by meat packers.

Maybe mrj can look up to see if they are on the rolls.
 
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