Full text of Creekstone's response to USDA
by Bill McDowell on 4/14/04 for Meatingplace.com
Here is the full text of Creekstone Farms' April 13 response to USDA regarding the agency's denial last week of Creekstone's BSE testing request:
DATE: April 13, 2004
TO: Undersecretary J.B. Penn
United States Department of Agriculture
Undersecretary Bill Hawks
United States Department of Agriculture
Chief of Staff Dale Moore
United States Department of Agriculture
CC: Secretary Ann Veneman
Secretary of Agriculture
United States Department of Agriculture
FROM: John Stewart, C.E.O.
Creekstone Farms Premium Beef Bill Fielding, C.O.O.
Creekstone Farms Premium Beef
SUBJECT: RESPONSE TO USDA
On behalf of Creekstone Farms I want to thank you for the opportunity to have met with you in Washington, D.C. last Thursday, April 8. We had hoped for a different outcome to the meeting, however, and are very disappointed with USDA's decision not to allow Creekstone Farms to voluntarily test all of the cattle we process for bovine spongiform encephalopathy (BSE). As we have discussed in the various meetings held with the USDA over the past several weeks, BSE testing of our cattle is something our export customers and consumers are asking for, and we feel we should be able to provide it to them.
Creekstone Farms will challenge the USDA's decision, and are currently analyzing our legal options. We are challenging USDA's authority to control the sales of BSE diagnostic tests in the United States and your decision to prohibit companies like Creekstone Farms from conducting 100 pecent testing of young animals that would meet our customers' needs and requirements.
We are hopeful there will be a resolution to the current U.S. beef trade embargo with Japan. It is imperative to companies such as ours that trade be resumed. However, we understand the position of our Japanese customers, consumers and their government, as well as the challenges their staunch positions represent. They are requesting 100 percent testing of all beef bound for their market as the precursor to the resumption of trade. The USDA's current plan to test only older U.S. cattle for BSE will not meet this requirement. On Monday, Japanese Vice Agriculture Minister Mamoru Ishihara announced that the "U.S. government's decision not to accept [Creekstone's] offer is, frankly speaking, regrettable."
Creesktone Farms has received a tremendous amount of support during the past few weeks for our proposal to test all of our cattle for BSE. We will continue to work with our senators and congressmen, as well as industry experts, to help find a solution to this recent USDA decision. Please understand our situation as well as our consternation over why the USDA will not embrace our plan. Creekstone Farms plans to test more cattle than the USDA, at a lower cost. If our plan were to be implemented, we would test over 300,000 head of cattle over the course of a year, versus the USDA proposed cattle population of approximately 220,000 head. As well, the USDA is planning on spending a minimum of $72 million of taxpayer money to conduct these tests. The Creekstone Farms' plan will cost less than $6 million using the identical test kit, and our customers are willing to pay for the cost of the testing.
We ask that the USDA reverse its decision of last week and allow Creekstone Farms to test our beef for BSE. In addition, Creekstone Farms is asking for USDA approval of the following secondary options:
1) Expand the USDA's surveillance program to involve 1 million head of young animals.
2) Approve the procedure whereby Creekstone Farms is allowed to ship brain stem samples to Japan for BSE testing in their laboratories.
3) Approve Kansas State University as an official USDA laboratory with direction to establish Creekstone Farms as a satellite laboratory.
4) Approve the purchase of young Canadian cattle that would be BSE tested at our processing plant in Arkansas City, Kansas.
5) Approve labeling domestic product BSE tested due to increased consumer concern in the U.S.
This letter is also giving notice to the USDA that our loss in revenue is a minimum of $200,000 per day. We will continue to track this loss on a daily basis to determine damages. Additionally, we have nine important questions that we would appreciate having USDA address and respond to immediately. Please be advised we will be sharing this with the media.
Sincerely,
John D. Stewart
C.E.O.
Bill Fielding
C.O.O.
Creekstone Farms Premium Beef, LLC