Court may dismiss Creekstone v USDA
September 26, 2006
DTN/AgDayta
CATTLE: (DTN) -- A federal court should dismiss a court challenge by Creekstone Farms Premium Beef because USDA has the authority to regulate tests for mad-cow disease, which offer no legitimate food-safety assurances, USDA argued in a court brief.
In a motion filed Friday by the U.S. Justice Department on behalf of USDA, the federal government argues private testing for bovine spongiform encephalopathy "is like a worthless virus, serum or toxin portrayed as a panacea to an uninformed public."
The tests are "ineffective, misleading and essentially worthless" when used as Creekstone proposes, USDA said in the brief.
Creekstone, based in Kansas, sued USDA last March claiming that its denial of Creekstone's BSE testing proposal is arbitrary and exceeds the department's authority on such matters. Creekstone argued the loss of the Japanese market in late 2003 has cost the company as much as $200,000 a day in lost revenue.
USDA said it is entitled to a summary judgment because Japan has again reopened its market to U.S. beef products, "rendering the case moot." Creekstone's arguments that private testing would redress its lost markets are "speculative" simply to keep the case going, USDA said.
Creekstone maintains more products would be eligible for export if cattle were tested.
The USDA motion also states the department is well within its authority under the 1913 Virus-Serum-Toxin Act because BSE tests fall under the law. USDA argues the act gives the Secretary of Agriculture broad authority to create rules and regulations over diagnostic tests.
In a counter filing, Creekstone states USDA is attempting to use a 93-year-old law to prevent the meatpacker from meeting customer demands by using a test that has been proven effective and approved by USDA. Creekstone could mitigate some financial losses if the company could use the tests on its
cattle, the company states.
agdayta.com
September 26, 2006
DTN/AgDayta
CATTLE: (DTN) -- A federal court should dismiss a court challenge by Creekstone Farms Premium Beef because USDA has the authority to regulate tests for mad-cow disease, which offer no legitimate food-safety assurances, USDA argued in a court brief.
In a motion filed Friday by the U.S. Justice Department on behalf of USDA, the federal government argues private testing for bovine spongiform encephalopathy "is like a worthless virus, serum or toxin portrayed as a panacea to an uninformed public."
The tests are "ineffective, misleading and essentially worthless" when used as Creekstone proposes, USDA said in the brief.
Creekstone, based in Kansas, sued USDA last March claiming that its denial of Creekstone's BSE testing proposal is arbitrary and exceeds the department's authority on such matters. Creekstone argued the loss of the Japanese market in late 2003 has cost the company as much as $200,000 a day in lost revenue.
USDA said it is entitled to a summary judgment because Japan has again reopened its market to U.S. beef products, "rendering the case moot." Creekstone's arguments that private testing would redress its lost markets are "speculative" simply to keep the case going, USDA said.
Creekstone maintains more products would be eligible for export if cattle were tested.
The USDA motion also states the department is well within its authority under the 1913 Virus-Serum-Toxin Act because BSE tests fall under the law. USDA argues the act gives the Secretary of Agriculture broad authority to create rules and regulations over diagnostic tests.
In a counter filing, Creekstone states USDA is attempting to use a 93-year-old law to prevent the meatpacker from meeting customer demands by using a test that has been proven effective and approved by USDA. Creekstone could mitigate some financial losses if the company could use the tests on its
cattle, the company states.
agdayta.com
