May 12, 2008

Creekstone Farms defends right to test for BSE
 

Lawyers representing Creekstone Farms Premium Beef told a federal appeals court on Friday that USDA has no authority to prevent the company from testing slaughtered cattle for bovine spongiform encephalopathy (BSE), also known as mad cow disease.

Arkansas City, Kansas-based Creekstone Farms' legal counsel said USDA's regulations regarding the treatment of domestic animals do not prohibit companies from testing for BSE, a test that the company only conducts after an animal is slaughtered.

At present, less than 1 percent of slaughtered cattle are tested for BSE under USDA rules. More comprehensive testing does not guarantee food safety and may produce false assurances, according to the USDA and Justice Department Eric Flesig-Greene.

Creekstone Farms built a testing lab at about US$500,000 and hired necessary personnel. However, the USDA refused to sell Creekstone sufficient amount of testing kits in 2004, resulting in the company to sue the USDA two years later. In 2007, it was ruled that USDA cannot prevent Creekstone from testing its cattle for BSE but the agency has appealed against that decision.

According to the company, Japan's ban on US beef in 2003 had caused the company a lose one third of its sales.

Chief Judge David B. Sentelle agrees with Creekstone. "All Creekstone wants to do is create information," he said.