R-CALF USA has kept its promise to independent cattle producers to take the necessary steps to protect both the health and safety of the U.S. cattle herd and U.S. and international consumers from actions by the United States Department of Agriculture (USDA) to relax U.S. import restrictions for countries known to be affected by bovine spongiform encephalopathy (BSE).

On Jan. 10, R-CALF USA filed a 36-page lawsuit against USDA in the U.S. District Court for the District of Montana. In its lawsuit, R-CALF USA asked the District Court to overturn USDA's Final Rule on relaxing current U.S. restrictions on imports of cattle and beef from countries known to be affected by BSE, and on the importation of cattle under 30 months of age from Canada, and the importation of beef products from Canada regardless of the animal's age.

"It's unbelievable that R-CALF has to remind USDA that the Animal Health Protection Act obligates the Agriculture Secretary to 'protect the agriculture, environment, economy, health and welfare of the people of the United States,' and specifically to prevent, detect, control and eradicate animal diseases," said R-CALF USA President Leo McDonnell.

On Dec. 29, 2004, USDA announced its Final Rule on "Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities," now under a 60-day congressional review, and scheduled to take effect March 7, 2005, if Congress takes no action to modify or reject the rule.

R-CALF USA has asked the District Court "to prevent implementation of a decision that creates an unjustified and unnecessary increased risk of infection of the U.S. cattle herd with bovine spongiform encephalopathy (BSE) and of importing meat contaminated with BSE into the United States."

"This Final Rule will expose U.S. consumers to increased risk of a fatal disease associated with BSE-contaminated meat, and will increase the risk of BSE infection in U.S. cattle," McDonnell pointed out. "Additionally, it will expose U.S. cattle producers to severe economic hardship. In its own economic risk analysis, USDA said it expects the U.S. cattle industry to lose as much as $3 billion per year over the next five years, once the border is reopened, and the agency implemented absolutely no safeguards to protect against the volatility that will result in the U.S. cattle markets after the rule is implemented. That's unacceptable, and we're not going to stand for it.

"USDA says it wants to reopen our exports markets with Japan and South Korea, but the agency refuses to comprehend the fact that our export markets will be even further damaged once we start mingling Canadian beef with USA beef," McDonnell said. "What's interesting is that our border is open to whole-muscle cuts from Canada, but we can't even export to Japan and South Korea. USDA says their policies are based on sound science, but if that sound science is there, then why aren't we exporting?

"Recently, USDA's Advisory Committee on Foreign Animal and Poultry Disease cautioned against making BSE decisions until a more thorough and scientific risk assessment was completed," McDonnell continued. "But the scientific risk assessment that was issued in conjunction with the Final Rule is based on a number of inaccurate assumptions--just a basic regurgitation of the agency's proposed rule from November 2003--and that's why R-CALF will again prevail.

"It's a battle between USDA and the politics that drive the agency these days, versus new factual scientific research on BSE that R-CALF has made available to USDA because of concerns aired by independent cattle producers across the country, and yet, USDA still chooses to ignore all the warning signs and rebuff the industry it's supposed to protect," commented McDonnell.

R-CALF USA won a preliminary injunction against USDA in District Court in May 2004 when it discovered USDA was allowing the unlawful importation of Canadian beef products that the agency itself described as higher-risk products. That injunction remained in effect for the eight additional months it took USDA to issue the Final Rule.

"The U.S. has never had a case of BSE, and Canada has had three cases in 30,000 tests--one of them in the state of Washington," McDonnell noted. "You're seeing trade liberalization at its worst right now, and consumers and producers need to beat this bad enough that we put it to bed once and for all."

Date: 1/27/05

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