Court rules against allowing MAD COW testing

The Associated Press
Tucson, Arizona | Published: 08.30.2008 (sorry no link, it is paid subscription)

WASHINGTON — The Bush administration can prohibit meatpackers from testing their animals for mad cow disease, a federal appeals court said Friday. The dispute pits the Agriculture Department, which tests about 1 percent of cows for the potentially deadly disease, against a Kansas meatpacker that wants to test all its animals.

Larger meatpackers opposed such testing. If Creekstone Farms Premium Beef began advertising that its cows have all been tested, other companies feared they too would have to conduct the expensive tests. The Bush administration said the low level of testing reflects the rareness of the disease.

Mad cow disease has been linked to more than 150 human deaths worldwide, mostly in Great Britain. Only three cases have been reported in the U.S., all involving cows, not humans. A federal judge ruled last year that Creekstone must be allowed to conduct the test because the Agriculture Department can regulate only disease "treatment."

Since there is no cure for mad cow disease and the test is performed on dead animals, the judge ruled, the test is not a treatment. The U.S. Court of Appeals for the District of Columbia Circuit overturned that ruling, saying diagnosis can be considered part of treatment. "And we owe USDA a considerable degree of deference in its interpretation of the term," Judge Karen LeCraft Henderson wrote. The case was sent back to the district court, where Creekstone can make other arguments.

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Paraphrased from Comment 9 Paul-Martin:Griepentrog — September 3, 2008
nonais.org...

The bottom line is that after 10 years of below normal prices here in Wis because the state allowed Equity Livestock Coop to create a monopoly, our savior has now arrived to burden us with contracts shifting all liability to feeder cattle producers if they can’t prove they are innocent. Samples will be the only way of proving your innocence in case of contamination found later. You will be required to cover ALL expenses in the event of contamination.

quality assurance training required for Badger Vac 45.
Sponsored by Wisconsin Beef Council, Wisconsin Cattleman’s Assn. and the UW Extension.

A Wisconsin Beef Quality Assurance ID number would be issued and required to be used on all records

Purchased feed requires:
1.signatures of the receiver and delivery person
2.samples of each batch must be kept for two years (refrigeration would be necessary)

On site prepared feed requires:
1.Feed Ingredient Record

Other Records:
1.Individual Animal Treatment Record
2. Group Cattle Processing Record
3.Cow/Calf Herd Health Procedures Record
4.Mass Medication in Feed/ Water for Group/ Pen record
5.Premise Pesticide Use Record
6. Confirmation of Veterinarian/client/patient Relationship- affidavit confirming this relationship and definition of this relationship.
7.WI BGA Shipping/Transfer Release Record-here you sign guaranteeing compliance and list Individual animal ID numbers 840 tags
8.Records are to be transferred with cattle


No mention was made of how transfers would be handled to assure compliance with the 1974 Privacy Act. Sale committee has the authority under the contract to inspect records and cattle at any time without warrant. The committee will fine you $100 per head for bred heifers or stags.


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