November 5, 2007

 

US rancher group sues USDA for opening market to Canadian cattle

 

 

The Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF) together with other industry and consumer advocacy groups has filed a lawsuit in South Dakota to block the US Department of Agriculture (USDA) from opening the US market on November 19 to Canadian cattle older than 30 months of age for fears of bovine spongiform encephalopathy (BSE) spread into the US cattle herd. 

 

That rule is slated to go into effect on November 19, along with a suspended portion of an existing Canada beef rule that will allow imports of beef from Canadian cattle older than 30 months.

 

The lawsuit filed on October 29 in the US District Court for the District of South Dakota cites five counts by which USDA's rulemaking has allegedly violated US laws, including the Administrative Procedure Act (APA). The charges alleged USDA that it "lacked adequate scientific information to prove Canadian cattle is safe for human consumption, exceeded its authority by attempting to normalize trade instead of safeguarding the health of the US herd, and failed to solicit public comments on implementing the suspended portion of the first Canada beef rule". As a result of each of these APA charges, plaintiffs asked the court to declare the rule unlawful.

 

Plaintiffs also demanded a stay against the rule under the National Environmental Policy Act until USDA can estimate increased air pollution from shipping cattle into the US Finally, they challenged the rule under the Regulatory Flexibility Act, arguing USDA assessed the rule's impact on small businesses based on "inadequate and inaccurate" information.

 

The lawsuit asks the court to grant an injunction while it considers the case as a result of these five counts. The case has set an expedited briefing or hearing schedule, reimburse the plaintiffs' attorney fees, and ultimately find the rule unlawful.

 

Joining R-CALF are individual ranchers, the South Dakota Stockgrowers Association, Center for Food Safety, Consumer Federation of America, Creutzfeldt-Jakob Disease Foundation, Food and Water Watch and Public Citizen.

 

But another private-sector source said that a pending congressional resolution of disapproval cannot be passed by both chambers and approved again to overturn an inevitable veto by Nov. 19. The resolution of disapproval by Senator Byron Dorgan (D-ND) had nine cosponsors as of press time, and the House resolution of disapproval by Rep. Stephanie Herseth-Sandlin (D-SD) had four co-sponsors.

 

Even an alternative option of securing a Senate floor amendment to the farm bill overturning the rule would likely wait until December or January before it became law, even though this option could dodge the president's veto pen, this source said.

 

Undersecretary of Agriculture for Marketing and Regulatory Programs Bruce Knight on October 29 told a US Meat Export Federation meeting that he is "guardedly optimistic" the border with Canada will be opened next month for more cattle and meat exports, barring congressional intervention.

 

He said that the rule will not lead to a surge of imports, and that it will instead largely displace beef imports from third countries, such as Nicaragua. He also said it is important to allow the imports of live animals and ensure that the US herd has access to a broad genetic stock, including from Canadian animals.

 

Following the Canada rule, USDA intends to move forward with a "comprehensive rule" on BSE, Knight said. He said to expect a proposed rule around August 2008, but did not elaborate.

 

A spokeswoman with USDA's Animal and Plant Health Inspection Service (APHIS) this week explained that the comprehensive rule would align APHIS' BSE regulations as closely as possible with the World Animal Health Organization's (OIE's) BSE chapter issued in 2007. It would adopt the use of the OIE's three categories for a country's BSE risk: negligible risk, controlled risk and undetermined risk. APHIS' "minimal risk" category it aims to apply to Canada is based on an outdated OIE category, she explained.

 

The spokeswoman said USDA has identified the comprehensive BSE rule initiative as a priority, but that many elements of the rulemaking process would influence the rule's timing.

 

She also said APHIS prefers aligning US rules with OIE to the current practice of undergoing a separate rulemaking process for each individual country. APHIS is considering that the comprehensive BSE rule could allow USDA to automatically change US import policy for a given country when the OIE changes its standards, without formal rulemaking.

 

Knight also called on producers to register for the currently voluntary National Animal Identification System, arguing that doing so "would give us the level of traceability that we need to be able to keep markets open and provide assurances when we most need it."