Corporate Farming Notes-- USDA Blocks Responsible Livestock Testing
On August 29 the D.C. Circuit Court of Appeals ruled that USDA has the right to restrict meatpackers’ testing of slaughter cattle for Bovine Spongiform Encephalopathy (BSE), the degenerative neurological disease in cattle known as “mad cow disease.” Since 2006 Creekstone Farms Premium Beef has sought permission to conduct BSE tests, at their expense, on all the cattle they slaughter instead of a sampling to ensure product safety and preserve export markets they have established. USDA refused to allow the additional testing. In March 2006 Creekstone sued in federal court for access to BSE test kits.
In March 2007 U.S. District Court Judge James Robinson ruled in favor of Creekstone, saying that USDA could not control BSE test kits under the 1913 Virus-Serum-Toxin Act because the kits were not a treatment for livestock. USDA appealed the decision to the D.C. Circuit Court.
A ruling by Appellate Judges Judith Rogers and Karen Henderson overturned the District Court, stating that USDA has the authority to prevent the sale of BSE test kits. D.C. Circuit Court Chief Judge David Sentelle dissented, arguing the USDA’s interpretation of the law “exceeds the bounds of reasonableness” for a statute restricting the sale of ineffective livestock medicine.
We remain supportive of Creekstone’s efforts and puzzled by USDA’s response. We fervently hope USDA’s rationale for restricting BSE test kits does not stem from an effort to protect the large, vertically integrated packing companies from holding up their end of the food safety system.
As reported last month, California dairy magnate A. J. Bos plans to build an 11,000 cow dairy in Jo Daviess County, Illinois, that could expand to 22,000 cows in the next two years. Local residents report that initial construction has begun. If you missed last month’s report, see http://www.cfra.org/blog/2008/09/03/insult-injury-megadairy-style for the full story.
Arkansas chicken growers have filed suit against Pilgrim’s Pride, accusing the company of fraud, deceit and misrepresentation relating to its Clinton, Arkansas, plant closure. According to Robin Dunlap in multiple local media reports, Pilgrim’s Pride broke their contractual promise to deliver chickens to growers in the region. Dunlap reported having borrowed $500,000 to build her chicken barns and is no longer able to fill them.
Contact: John Crabtree, 402.687.2103 x 1010 or johnc@cfra.org for more information.
In March 2007 U.S. District Court Judge James Robinson ruled in favor of Creekstone, saying that USDA could not control BSE test kits under the 1913 Virus-Serum-Toxin Act because the kits were not a treatment for livestock. USDA appealed the decision to the D.C. Circuit Court.
A ruling by Appellate Judges Judith Rogers and Karen Henderson overturned the District Court, stating that USDA has the authority to prevent the sale of BSE test kits. D.C. Circuit Court Chief Judge David Sentelle dissented, arguing the USDA’s interpretation of the law “exceeds the bounds of reasonableness” for a statute restricting the sale of ineffective livestock medicine.
We remain supportive of Creekstone’s efforts and puzzled by USDA’s response. We fervently hope USDA’s rationale for restricting BSE test kits does not stem from an effort to protect the large, vertically integrated packing companies from holding up their end of the food safety system.
As reported last month, California dairy magnate A. J. Bos plans to build an 11,000 cow dairy in Jo Daviess County, Illinois, that could expand to 22,000 cows in the next two years. Local residents report that initial construction has begun. If you missed last month’s report, see http://www.cfra.org/blog/2008/09/03/insult-injury-megadairy-style for the full story.
Arkansas chicken growers have filed suit against Pilgrim’s Pride, accusing the company of fraud, deceit and misrepresentation relating to its Clinton, Arkansas, plant closure. According to Robin Dunlap in multiple local media reports, Pilgrim’s Pride broke their contractual promise to deliver chickens to growers in the region. Dunlap reported having borrowed $500,000 to build her chicken barns and is no longer able to fill them.
Contact: John Crabtree, 402.687.2103 x 1010 or johnc@cfra.org for more information.
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Comments
I think you are right in
So, what would happen if
So, what would happen if Creekstone Farms just did the testing anyways?
What would be their penalty?
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