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Plaintiffs File Supplemental Notice in OTM Case Billings, Mont. (July 2, 2008) – R-CALF USA and 10 additional plaintiffs (Plaintiffs) filed a Notice of Supplemental Authority (Notice) with the District Court – District of South Dakota, Northern Division (District Court) on July 1. The Notice informs the District Court about the latest case of bovine spongiform encephalopathy (BSE) detected in Canada and provides other new information that supports the Plaintiffs’ request for a preliminary injunction against the U.S. Department of Agriculture’s (USDA’s) OTM (over-30-month) Rule. The OTM Rule, which took effect Nov. 19, 2007, opened the Canadian border to imports of live cattle born after March 1, 1999, and beef products from Canadian cattle of any age. On June 27, 2008, the Canadian Food Inspection Agency (CFIA) announced that the animal confirmed positive for BSE on June 23, 2008, was a 5-year-old cow that was born in the Province of British Columbia. “This animal, which was born in 2003, is the second-youngest bovine found to have BSE in Canada and was born more recently than any other BSE-infected cattle identified in Canada,” the Notice states in part. “There have now been 14 reported cases of BSE in cattle born in Canada. Half of the BSE cases detected in Canadian-born cattle have been in cattle born after March 1, 1999 (the date that defendant United States Department of Agriculture (“USDA”) concluded, in the rulemaking at issue in this case, was the date on which Canada’s ban on ruminant protein in ruminant feed was effective to stop the spread of BSE). This is the eighth reported case that was born after the Canadian feed ban went into effect in 1997. It also is the third reported case that was born and raised in British Columbia province.” This new BSE case further demonstrates that USDA’s conclusion that the Canadian feed ban was effective to stop the spread of BSE in Canada as of March 1, 1999, the date of eligibility for cattle exports to the U.S., was speculative and inconsistent with available information, the Notice also states. It further states that the 2003 birth date of this latest case, along with the fact that this was the third case detected in the Province of British Columbia, confirms that there have been at least three generations of BSE-infected cattle in the Canadian herd and that “BSE infectivity has been circulating in the Canadian feed supply more widely (geographically and over time) than USDA assumed.” The Notice also states that because this latest BSE-infected cow could have been imported into the U.S. before it died and was determined to have BSE, the Plaintiffs face an imminent threat of substantial, irreparable injury if a preliminary injunction is not granted. In further support of this injury, the Plaintiffs also informed the District Court of another new development: the “dramatic demonstrations in recent weeks” by Korean consumers against the importation of U.S. beef, based on fears of BSE. The Plaintiffs state that the reactions by tens of thousands of Koreans “bear directly on the reasonableness of USDA’s speculation . . . that the economic impact of the discovery of additional cases of BSE in the United States ‘will likely be minimal.”’ The Notice, with its attached graphical timeline and chart of Canadian BSE cases, concludes: “The developments in Korea can be viewed with the knowledge now that two of the three BSE cases discovered since the challenged rule (OTM Rule) went into effect could have been imported legally into the United States from Canada under the challenged rule (OTM Rule) before they succumbed to BSE.” The Plaintiffs are seeking a preliminary injunction to halt the imports of OTM Canadian cattle and beef until the District Court completes its review of the merits of their claims. A hearing on the preliminary injunction motion was held in Sioux Falls, SD on Feb. 19, 2008. The District Court has not yet ruled on the preliminary injunction. Note: To review a copy of the Notice and attachments, visit the “BSE-Litigation” link at www.r-calfusa.com. # # # R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, non-profit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on trade and marketing issues. Members are located across 47 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners. R-CALF USA has dozens of affiliate organizations, and various main-street businesses are associate members. For more information, visit www.r-calfusa.com or, call 406-252-2516. |
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This page was last updated on Wednesday, December 24, 2008. |
