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NMA Stunned by USDA Brief

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HAY MAKER

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Subject: NMA Stunned by USDA Brief


by Grimes & Plain Today 4/2/2005 4:15:00 AM


Cattle Outlook: NMA Stunned By USDA Brief; Border Could Stay Closed Until Late 2005



In a move that stunned the National Meat Association, USDA lawyer filed a brief Monday evening strongly opposing the granting of intervener status to National Meat Association in its appeal of a restraining order that effectively keeps the Canadian border closed to cattle.



The brief argued that NMA showed be excluded from the appeal "because its purely economic interests that are only remotely related to the underlying litigation." NMA had filed for intervener status on the grounds that its members, mainly meat processors, were being profoundly and perhaps permanently damaged by the continued closure of the Canadian border. Jobs at slaughter and processing plant are disappearing, as Canada builds up it own slaughter and processing capacity, NMA contends.



The appeal, which is under consideration by the 9th Circuit Court of Appeals, has a fixed timetable. USDA has until April 14 to submit its brief, after which R-CALF USA will have until May 12 to respond, USDA may then take 14 days to respond, if it so wishes. The court will then make a decision as to whether or not it will accept the appeal, and set date for oral arguments, if necessary. R-CALF USA was scheduled to submit its brief, presumably opposing NMA's intervention, on Monday evening, but it received a one-day extension. NMA promises to respond vigorously to both briefs.



The American Meat Institute (AMI) and the North American Meat Processors Association (NAMP) filed an amicus brief supporting an appeal filed by the National Meat Association regarding its effort to intervene in R-CALF vs. United States Department of Agriculture. AMI's brief to the United State Court of Appeals for the Ninth Circuit supports the principle that organization such as NMA and AMI have a unique, profitable interest in cases where the government promulgates regulation that have a direct impact on an industry, such as the long awaited USDA rule that would open the Canadian border to cattle and beef.



In the brief, AMI argued that the district court ignored the significant adverse economic impact that the border closing has imposed on the meat packing industry. USDA has appealed the trail courts issuance of a preliminary injunction to the Ninth Circuit, with briefs and oral arguments taking place over the next few months. The above information is from the Livestock Marketing Information Center in Lakewood, Colorado.



With the high probability that whoever loses at the Ninth Circuit of Appeals will appeal again the odd are high that the border to Canada will not be opened at least until late 2005.



Fed cattle prices for the week through Thursday were up $4.24 per cwt at $94.45 per cwt for the average of the five market areas. Carcass prices for the five market area at $151.70 per cwt were up $5.50 from a week earlier.



Wholesale beef prices were also up some for the week with yield 3 choice at $152.72 per cwt Friday morning and yield 2-3 select at $141.18 per cwt.



Feeder steer prices were steady to $2 per cwt higher, feeder heifer prices were steady to $1 per cwt higher, and stocker cattle prices were $2-5 higher than seven days earlier this week at Oklahoma City.



The prices by weighted groups of medium and large frame no. 1 steer at Oklahoma City were: 400-500# $144.50 - 161.50 per cwt, 500-600# $128-149 per cwt, 600-700# $117.50-134, 700-800# $107-117.25 per cwt and 800-1000# $103-108.75.



Slaughter this week under Federal Inspection was estimated at 566 thousand head down 1.2% from a year earlier.
 
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Anonymous

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Haymaker-- The current scuttlebutt is that USDA does not want to go to trial-- that they and several other affected parties have lost confidence in their ability to win at trial or in an appeal-- and they are afraid that after a trial there is a good chance the courts will close down the border to all beef imports or cattle, which could take years to get reopened... Several I have talked to are claiming that there are negotiations taking place between many Ag and beef groups, politicians, and the government to avoid a trial...And one of the things USDA may be agreeing to is the expediting of and setup of the mandatory COOL law and changing the use of USDA stamps on imported beef- which they feel may not hold up to court scrutiny and since this was one of the major issues voiced by both R-CALF and Judge Cebull....

To me, if this is happening, is what should have happened several years ago instead of everyone fighting every issue brought up....
 

HAY MAKER

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Oldtimer said:
Haymaker-- The current scuttlebutt is that USDA does not want to go to trial-- that they and several other affected parties have lost confidence in their ability to win at trial or in an appeal-- and they are afraid that after a trial there is a good chance the courts will close down the border to all beef imports or cattle, which could take years to get reopened... Several I have talked to are claiming that there are negotiations taking place between many Ag and beef groups, politicians, and the government to avoid a trial...And one of the things USDA may be agreeing to is the expediting of and setup of the mandatory COOL law and changing the use of USDA stamps on imported beef- which they feel may not hold up to court scrutiny and since this was one of the major issues voiced by both R-CALF and Judge Cebull....

To me, if this is happening, is what should have happened several years ago instead of everyone fighting every issue brought up....


YES SAME THING IM HEARING,I THOUGHT THIS WOULD FAST TRACK MCOOL.............good luck OT
 

rkaiser

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:roll: Bring on Mcool. We are getting closer to BSE testing for marketing puposes. After the publicity your fearsome Rcalf leadership have given about the threat of BSE, your second domestic case will have lots of BSE tested, identified beef flowing south of the 49th.

If you old boys think cool is your saviour, think again. Globalisation is here. Price, and then quality are what people seek. Your Montana brand will make it in a small percentage of the markets, just like my Branded Galloway and Welsh Black beef,,,,,,,,,, which by the way will be at a high end Spokane restaurant near you very soon. But to say that Branded American beef will outsell a top quality Canadian product in New York city is as backwards a thought as you two oldtimers mowing your lawn with sheep.

Mcool all you want boys, say this is what your fight was always about.
 

CattleCo

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The word MONTANA isn NOT magical....ask the foks that had the "Pied" Montana Beef program. Hell, if it does not rain for another 3-5 years up there you will only find a cow in that state in a museum. As for American Beef and Canadian Beef......well some folks think the word "Canada" is magical. What we really need is somebody with a little common sense to step up to the plate and get our BEEF INDUSTRY BACK! It appears it is in control of the mis-informed few!
 

Silver

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I agree with you all the way rkaiser. I look forward to them doing the COOL thing, hopefully we do it here too.
I maintain that the border open in it's present state is the best thing thats ever happened to the Canadian beef industry, seems like it's all playing into our hands.
I just hope we all survive the 'industry repositioning' pains. :?
 

PORKER

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Country of Orgin is the way to go .The Traceback ,COOl,FDA,CFIA recordkeeping system I use can cross borders with data,which Canada,US,EU,and the rest CAN"T because the database is only good for that country or state in the world.In order to provide records for beef in New YORK city FROM Canadians ,you have to use an import/export database.www.scoringsystem.com/agri/ is the ONLY one that can do that.
 

agman

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Oldtimer said:
Haymaker-- The current scuttlebutt is that USDA does not want to go to trial-- that they and several other affected parties have lost confidence in their ability to win at trial or in an appeal-- and they are afraid that after a trial there is a good chance the courts will close down the border to all beef imports or cattle, which could take years to get reopened... Several I have talked to are claiming that there are negotiations taking place between many Ag and beef groups, politicians, and the government to avoid a trial...And one of the things USDA may be agreeing to is the expediting of and setup of the mandatory COOL law and changing the use of USDA stamps on imported beef- which they feel may not hold up to court scrutiny and since this was one of the major issues voiced by both R-CALF and Judge Cebull....

To me, if this is happening, is what should have happened several years ago instead of everyone fighting every issue brought up....

OT, I beg to differ but your information is just that, scuttlebutt. Interveners just complicate the issue. The real issue is science based, not economics. As I have previously stated , science will win out over R-Calf's science-fiction. agman
 
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agman said:
Oldtimer said:
Haymaker-- The current scuttlebutt is that USDA does not want to go to trial-- that they and several other affected parties have lost confidence in their ability to win at trial or in an appeal-- and they are afraid that after a trial there is a good chance the courts will close down the border to all beef imports or cattle, which could take years to get reopened... Several I have talked to are claiming that there are negotiations taking place between many Ag and beef groups, politicians, and the government to avoid a trial...And one of the things USDA may be agreeing to is the expediting of and setup of the mandatory COOL law and changing the use of USDA stamps on imported beef- which they feel may not hold up to court scrutiny and since this was one of the major issues voiced by both R-CALF and Judge Cebull....

To me, if this is happening, is what should have happened several years ago instead of everyone fighting every issue brought up....

OT, I beg to differ but your information is just that, scuttlebutt. Interveners just complicate the issue. The real issue is science based, not economics. As I have previously stated , science will win out over R-Calf's science-fiction. agman

Agman- You might be right, but these sources have been quite reliable all the way back to the Washington cow- when they told us it was Canadian long before USDA got the backbone to announce it-- back to the old days of "sound science"- which turned into "joke science".......

And consumers not being able to tell if they are eating higher risk Canadian cattle was one of the Judges main concerns... The second was the practice of allowing foreign employees in foreign countries to do the inspecting and grading, giving them the blanket use of the USDA stamps and giving the false impression that it had been inspected by US employees--especially now with the ongoing fear of terrorist threat....

There is a fear out there that when the trial ends, the Judge may close off all beef imports from all countries because of this practice......And not much reassurance that the 9th Circuit would ever overrule it......Sounds like some are looking at other ways to end the suit.....And to keep the US Representatives from having to go on record with a vote......
 

Tam

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And consumers not being able to tell if they are eating higher risk Canadian cattle was one of the Judges main concerns...

There you go again Oldtimer The US and Canada are both Minimal risk in everyones eyes but yours and the rest of the R-CALF gang. And there is a higher risk of getting infected meat from the US system as the Washington cow was in your food chain not ours.

There is a fear out there that when the trial ends, the Judge may close off all beef imports from all countries because of this practice

I think the WTO will have a little something to say about this judge cutting importes from other countries as the U.S.of A has WTO obligation as a member. If you want to trade in the world market it's best you don't mess with to many of those obligations.
 

Tam

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PORKER said:
Country of Orgin is the way to go .The Traceback ,COOl,FDA,CFIA recordkeeping system I use can cross borders with data,which Canada,US,EU,and the rest CAN"T because the database is only good for that country or state in the world.In order to provide records for beef in New YORK city FROM Canadians ,you have to use an import/export database.www.scoringsystem.com/agri/ is the ONLY one that can do that.

The CCIA is also exchanging information with other countries including the U.S., Australia, Uruguay, Brazil and Japan on RFID technology and traceability. RFID is expected to become a universal standard, helping track cattle not only in Canada, but around the world.

Now if they link these data bases would that mean they could trace cattle in all these places from each country?
 
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Tam said:
And consumers not being able to tell if they are eating higher risk Canadian cattle was one of the Judges main concerns...

There you go again Oldtimer The US and Canada are both Minimal risk in everyones eyes but yours and the rest of the R-CALF gang.

You forget Tam- It was also considered higher risk in the eyes of a Federal Judge and could easily be in the eyes of the 9th Circuit Court of Appeals.... And I don't think any of the Judges lose sleep worrying about what the WTO thinks.
 

Tam

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Oldtimer said:
Tam said:
And consumers not being able to tell if they are eating higher risk Canadian cattle was one of the Judges main concerns...

There you go again Oldtimer The US and Canada are both Minimal risk in everyones eyes but yours and the rest of the R-CALF gang.

You forget Tam- It was also considered higher risk in the eyes of a Federal Judge and could easily be in the eyes of the 9th Circuit Court of Appeals.... And I don't think any of the Judges lose sleep worrying about what the WTO thinks.

eyes of a Federal Judge ----rest of the R-CALF gang

could these be the same Oldtimer. And the judgement is still out in the appeal.
 

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Agman- You might be right, but these sources have been quite reliable all the way back to the Washington cow- when they told us it was Canadian long before USDA got the backbone to announce it-- back to the old days of "sound science"- which turned into "joke science".......

And consumers not being able to tell if they are eating higher risk Canadian cattle was one of the Judges main concerns... The second was the practice of allowing foreign employees in foreign countries to do the inspecting and grading, giving them the blanket use of the USDA stamps and giving the false impression that it had been inspected by US employees--especially now with the ongoing fear of terrorist threat....

There is a fear out there that when the trial ends, the Judge may close off all beef imports from all countries because of this practice......And not much reassurance that the 9th Circuit would ever overrule it......Sounds like some are looking at other ways to end the suit.....And to keep the US Representatives from having to go on record with a vote......[/quote]

OT, the fear is that being instilled by R-Calf and their many claims. Most people have wised up to that situation;some never will. Cebull has been on the Federal bench for only four years. Do you know how many times his rulings been overturned?
 
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agman said:
Cebull has been on the Federal bench for only four years. Do you know how many times his rulings been overturned?

No I don't- but I'm sure you will fill us in.........
 

agman

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Oldtimer said:
agman said:
Cebull has been on the Federal bench for only four years. Do you know how many times his rulings been overturned?

No I don't- but I'm sure you will fill us in.........

OT, you claim to be so well connected, "scuttlebutt" was the term you used in your opening comment, so do yourself a favor and find out. Then make a post if you have the integrity to do so. You show an extreme propensity to ignore the facts in favor of partial information and bias. Have a great day.
 

Manitoba_Rancher

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Agman-

Hope you can get the facts out of OT! He likes to talk around things like a politician!

I think OT knows but is too ashamed to say!
 
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agman said:
Oldtimer said:
agman said:
Cebull has been on the Federal bench for only four years. Do you know how many times his rulings been overturned?

No I don't- but I'm sure you will fill us in.........

OT, you claim to be so well connected, "scuttlebutt" was the term you used in your opening comment, so do yourself a favor and find out. Then make a post if you have the integrity to do so. You show an extreme propensity to ignore the facts in favor of partial information and bias. Have a great day.

If I can find it I'll post it-- I know he has been overturned on some cases-- but that is almost a sign of a good judge when your cases are overturned by the 9th Circuit- the most liberal and overturned appeals court there is.... I suppose you think Cebull was wrong when he ruled the beef checkoff was constitutionally legal :? ........
 

don

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i'm hoping that nma does not get intervenor status. that would be a signal that the court wants to consider science, safety and legalities. if you take the protectionist economics away from r-calf's case they don't have much to argue because every time they criticize canada's health and safety standards they blast a hole in the american health and safety argument. i've thought for the last six months we just had to give r-calf enough rope to hang themselves and i think we're getting close to the self-inflicted lynching. this is possibly an opportunity for canada if we wish to take advantage. if the federal government and cfia respond positively to cca's request to look at increased testing as an export marketing tool we could take our bse safety standards so far beyond those of the usa that we could never be locked out on any scientific basis. we could then take our product to the american people and advertise it as their safest beef option. then every canadian cattleman would be demanding mcool in the states. of course that would mean more of a beef industry in canada but what the heck, maybe we can deal with that!
 

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