Older cattle from Canada began moving across the border into the United States on Monday, despite last-minute court appeals by some U.S. cattle groups and ranchers concerned about mad cow disease in Canada.
Ten plaintiffs, including R-CALF USA, the South Dakota Stockgrowers Association and other groups and individual ranchers, on Friday asked U.S. District Judge Charles Kornmann of Aberdeen for an emergency restraining order to keep the border closed.
They were still waiting for word from Kornmann on Monday afternoon, according to Shae Dodson, communications director for R-CALF USA (Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America).
Meanwhile, at least one shipment of Canadian cattle came across the border Monday, according to Ed Curlett, a spokesman for the U.S. Animal and Plant Health Inspection Service. Curlett said Monday that he didn't know how many cattle were in the shipment or where they crossed.
R-CALF USA and others say the decision by the U.S. Department of Agriculture to open the border to Canadian cattle older than 30 months could put the U.S. cattle herd at more risk for infection from mad cow disease, known scientifically as bovine spongiform encephalopathy, or BSE. They say the move also could undermine the U.S. cattle market.
The request for an emergency restraining order was the third legal salvo the groups fired in their attempt to block the border opening.
On Oct. 24, they filed a comprehensive lawsuit challenging the USDA's Over Thirty Month rule.
On Nov. 1, they asked Kornmann to issue a preliminary injunction against the border opening.
USDA has until Wednesday, Nov. 21, to respond to the request for the preliminary injunction, according to Dodson.
Most animal scientists say mad cow disease doesn't usually appear in cattle younger than 30 months.
USDA banned all Canadian cattle in May 2003, when Canada found its first case of BSE. In July 2005, it relaxed the ban, to allow cattle younger than 30 months.
Since 2003, Canada has reported 10 cattle with BSE, a fatal neurological disease with no cure. It has been linked to variant Creutzfeldt-Jakob disease in humans, although there have been no confirmed reports of human deaths from infected cattle in North America.
But the border has remained closed to older cattle until now.
USDA officials have said the change is firmly based in science and ensures that U.S. regulators will protect the country against the disease.
Critics counter that the federal government has failed to fully investigate the potential effects on U.S. ranchers and their export markets.
More than two dozen nations suspended beef imports from the U.S. after a cow in Washington state tested positive for the brain-wasting disease in December 2003. The cow was later found to have originated in Canada, but the United States has recovered less than 60 percent of its beef export markets.
Two other cases of mad cow disease have been discovered in the U.S. since 2003. However, both cases were atypical BSE found in extremely old cattle and could have occurred naturally, according to Dr. Sam Holland, South Dakota state veterinarian.
USDA says Canada's ban on feed that could contain BSE contamination became effective on March 1, 1999. It says cattle born after that date should not have much risk for BSE. The new rule would allow cattle older than 30 months but not those born before March 1, 1999, into the country.
But Holland said five of the BSE-infected Canadian cows were born after that date, suggesting the feed ban wasn't yet fully in force.
"The risk is still very real -- in the event that we import an infected animal -- our industry is vulnerable to tremendous financial harm as a result of this rule," said Bill Bullard, chief executive officer of R-CALF USA.
But Gregg Doud, chief economist for the National Cattlemen's Beef Association, said the United States can't expect higher standards from trading partners than it's willing to impose on itself.
"From a beef perspective, our Asian customers have long viewed this as a North American deal," Doud said. "They've said, 'Why are you asking something of us that you're not willing to give to Canada?' There's no answer to that."
Canadian cattlemen are unlikely to immediately begin shipping more cattle south of the border, for a number of reasons, said John Masswohl, director of government and international relations for the Canadian Cattlemen's Association.
Canada now slaughters most of its own cattle, since processors in the United States that relied heavily on Canadian cattle imports before 2003 have closed.
In addition, the new rule allowing older cattle requires the animals' birth dates be confirmed. It's unlikely many beef producers will have that information on older cattle, barring them from being shipped to the U.S., Masswohl said.
USDA originally estimated the border opening would mean 650,000 head of Canadian cattle coming into the U.S. annually. On Sept. 14, the department lowered that estimate to 75,000 head a year.
Herman Schumacher, president of Herreid Livestock and one of the plaintiffs in the R-CALF lawsuit, said the border decision would affect the market prices not only for older cows but also for younger cattle in feedlots and calves headed for feedlots. He said futures prices were down Monday morning for both categories of younger cattle.