Sandhusker
Well-known member
Washington, D.C. – R-CALF USA was pleased to learn that a federal district court has ruled that the U.S. Department of Agriculture’s (USDA’s) action of prohibiting Creekstone Farms Premium Beef (Creekstone) from voluntarily testing cattle for bovine spongiform encephalopathy (BSE) is unlawful. Unless USDA appeals the decision, Creekstone can start testing for the disease on June 1.
"We are pleased that the judicial branch of our government is helping to maintain the accountability of this agency," said R-CALF USA President/Region VI Director Max Thornsberry, a Missouri veterinarian. "We stood by Creekstone’s entrepreneurial spirit then, and we do so now because Creekstone can now lead the beef-processing industry into a new era – one that’s predicated on meeting the needs and wants of its customers.
"In April 2004, R-CALF USA wrote to then-Agriculture Secretary Ann Veneman in support of Creekstone’s request to voluntarily test for BSE because Creekstone was responding to its customers’ requests – primarily from the Japanese government," he noted. "Had USDA granted Creekstone’s request – which obviously was a reasonable, efficient and timely solution for resuming export trade with Japan – then perhaps our Asian export markets would’ve agreed to accept more U.S. product.
"As it stands now, it appears Japan and South Korea feel uncomfortable with the agency’s obstinate tactics, and the resulting situation – age limits on beef, rejections of entire shipments of beef, and difficult trade negotiations – could have been avoided altogether," Thornsberry pointed out.
"USDA should never have attempted to use its regulatory authority to hamstring market competition, particularly in this instance, because Creekstone intends to use identical BSE-testing procedures currently used by USDA," he said. "R-CALF stands by its original position that USDA’s actions shielded the less innovative, less nimble and less responsive beef processors from the competitive capacity of cutting-edge processors like Creekstone."
The court’s memorandum states in part: "…should a reviewing court determine that BSE could be detected in slaughter-age cattle, as is suggested by evidence…and the more extensive testing conducted by other countries, let it be noted that the government cannot have it both ways: the test kits cannot be both ‘used for treatment’ and ‘worthless.’ If USDA’s surveillance testing helps ‘manage’ the disease by providing information about the prevalence of BSE and contributing to the knowledge of the disease…, then so might the more extensive testing proposed by Creekstone…"
Also, the court rejected USDA’s argument that private testing somehow would interfere with the agency’s BSE surveillance program.
R-CALF USA policy – established by membership in 2005 – states that the organization shall encourage USDA to allow voluntary BSE testing of cattle born and raised in the U.S. by USDA-inspected beef processing facilities.
R-CALF USA continues to support mandatory country-of-origin labeling to provide important information to consumers, and we support efforts to continue to the high level of consumer confidence in the U.S. food supply. R-CALF USA also supports an expanded testing program for identification of BSE and elimination of any animals so infected from the food supply.
Note: To view the court’s order and memorandum, visit the "BSE-Litigation" link at
www.r-calfusa.com.
"We are pleased that the judicial branch of our government is helping to maintain the accountability of this agency," said R-CALF USA President/Region VI Director Max Thornsberry, a Missouri veterinarian. "We stood by Creekstone’s entrepreneurial spirit then, and we do so now because Creekstone can now lead the beef-processing industry into a new era – one that’s predicated on meeting the needs and wants of its customers.
"In April 2004, R-CALF USA wrote to then-Agriculture Secretary Ann Veneman in support of Creekstone’s request to voluntarily test for BSE because Creekstone was responding to its customers’ requests – primarily from the Japanese government," he noted. "Had USDA granted Creekstone’s request – which obviously was a reasonable, efficient and timely solution for resuming export trade with Japan – then perhaps our Asian export markets would’ve agreed to accept more U.S. product.
"As it stands now, it appears Japan and South Korea feel uncomfortable with the agency’s obstinate tactics, and the resulting situation – age limits on beef, rejections of entire shipments of beef, and difficult trade negotiations – could have been avoided altogether," Thornsberry pointed out.
"USDA should never have attempted to use its regulatory authority to hamstring market competition, particularly in this instance, because Creekstone intends to use identical BSE-testing procedures currently used by USDA," he said. "R-CALF stands by its original position that USDA’s actions shielded the less innovative, less nimble and less responsive beef processors from the competitive capacity of cutting-edge processors like Creekstone."
The court’s memorandum states in part: "…should a reviewing court determine that BSE could be detected in slaughter-age cattle, as is suggested by evidence…and the more extensive testing conducted by other countries, let it be noted that the government cannot have it both ways: the test kits cannot be both ‘used for treatment’ and ‘worthless.’ If USDA’s surveillance testing helps ‘manage’ the disease by providing information about the prevalence of BSE and contributing to the knowledge of the disease…, then so might the more extensive testing proposed by Creekstone…"
Also, the court rejected USDA’s argument that private testing somehow would interfere with the agency’s BSE surveillance program.
R-CALF USA policy – established by membership in 2005 – states that the organization shall encourage USDA to allow voluntary BSE testing of cattle born and raised in the U.S. by USDA-inspected beef processing facilities.
R-CALF USA continues to support mandatory country-of-origin labeling to provide important information to consumers, and we support efforts to continue to the high level of consumer confidence in the U.S. food supply. R-CALF USA also supports an expanded testing program for identification of BSE and elimination of any animals so infected from the food supply.
Note: To view the court’s order and memorandum, visit the "BSE-Litigation" link at
www.r-calfusa.com.