A hearing date for a preliminary injunction against the rule allowing older Canadian cattle into the United States has been set for Feb. 19 in Sioux Falls, S.D.
The R-CALF challenge against the U.S. Department of Agriculture’s minimal risk rule comes three months after the border opened on Nov. 19. The regulation allows Canadian cattle and bison born on or after March 1, 1999, and beef products from cattle of any age into the U.S.
R-CALF USA and 10 other plaintiffs claim the USDA exceeded its congressional authority by allowing older Canadian cattle and beef into the U.S., putting the national herd and consumers at risk from BSE and related human health affects.
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In 2005, the Montana based group filed a number of motions against Rule 1, which allowed imports of Canadian cattle younger than 30 months. None were successful and all legal avenues have been exhausted.
“Rule 1 suits are done,” said John Masswohl of the Canadian Cattlemen’s Association, which has requested intervener status in this latest suit. Such status would provide the association with the right to submit evidence and pursue an appeal if necessary.
Masswohl said the court may decide in the USDA’s favour because the border has been open for three months, but a decision to halt trade could still happen.
R-CALF has argued a large influx of older cows and bulls would disrupt markets, but slightly less than 31,040 Canadian animals were exported to the U.S. from the November border opening to Jan. 26, compared to nearly 165,000 animals older than 30 months slaughtered in Canada during the same period.
R-CALF court briefs also said Canada does not test enough cattle for BSE to gain an accurate prevalence measure.
Canada’s testing program is based on a point system from the World Animal Health Organization. Canada must have 300,000 points as part of the requirements to maintain its controlled risk status, which it has exceeded.
Canada receives no points for testing animals younger than two years but 750 points for testing cattle four to seven years of age, which could be at risk for BSE.
Canada tested 58,000 animals in 2007, which is 1.7 animals to every one tested in the U.S. when based on a proportional scale. The U.S. tested about 40,000 cattle last year.
In defence of the rule, Brian McCluskey, the USDA’s director of veterinary services for the western division, said accepting Canadian cattle is in line with World Animal Health Organization guidelines.
McCluskey said the U.S. can set a good example by broadening its own access, showing it is willing to abide by international trade rules and health guidelines.
“We must set an example to maintain our credibility,” he told the U.S.-Canada working group meeting during the National Cattlemen’s Beef Association convention in Reno Feb. 8.
The U.S. government is also preparing a comprehensive rule to allow further trade with other countries with similar BSE status to Canada and the U.S. Both have controlled risk status for BSE.
“Under the World Trade Organization we are obligated by the principle of nondiscrimination to handle domestic and international risks in an equivalent manner,” McCluskey said.
