January 9, 2007

R-CALF USA requests hearing on BSE litigation

R-CALF USA, a large cattle organisation in the US recently requested a hearing on its litigation against the USDA regarding the bovine spongiform encephalopathy (BSE) minimal risk rule.

The group filed a motion in US District Court-District of Montana for a hearing before US district Judge Richard F Cebull in its litigation against the USDA regarding the agency's minimal risk rule (Final Rule) issued in Jan 2005, regarding opening the US borders to cattle and beef products from countries affected by BSE.

The rule was announced in late 2004 against which R-CALF USA filed a lawsuit and managed to obtain a temporary injunction in March 2005. The USDA appealed to the Ninth Circuit Court of Appeals, which overturned the injunction.

Even as appeal to the Nineth Circuit was ongoing, R-CALF asked for a permanent injunction, but Judge Richard F. Cebull said the circuit's decision muted any further action. The group then appealed that to the circuit.

R-CALF maintains that the rule "unjustifiably relaxed" established import restrictions for countries affected by BSE and was inadequate to protect the BSE status of the US herd from additional discoveries of BSE.

The group also said facts relating to the BSE status of the Canadian herd and the threat posed to the US if cattle and beef were allowed to be imported from Canada were not made available to the circuit when it overturned the first injunction and to Judge Cebull when he refused to grant the permanent injunction.

Further, many more BSE cases in Canadian cattle have been found in cattle born several years after implementation of the Canadian feed ban. This proves the ban was ineffective.

Canadian beef was banned from US markets in Dec 2003 after a Washington state dairy cow, traced back to Canada tested positive for BSE.