The United States Department of Agriculture is appealing the Federal District Court’s interim injunction that blocked Canadian cattle from entering the U.S. March 7.
Mike Johanns, U.S. secretary of agriculture, told reporters in Washington, D.C., March 18 that a successful appeal would quickly allow Canadian cattle to flow south if his department wins in the San Francisco federal appeal court. A date has not yet been set for that hearing.
The American National Meat Association is also seeking to overturn the ruling by Billings, Montana, federal court district judge Richard Cebull. The association has been allowed intervener status when the USDA and R-CALF meet later this year.
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R-CALF is a U.S. cattle group that convinced Cebull earlier this month to temporarily block the USDA’s plan to begin accepting Canadian cattle younger than 30 months.
On March 2 Cebull ruled that producers in the U.S. needed market protection from normalization of live cattle trade with Canada until such time as he could entertain both R-CALF and the USDA in his Billings courtroom. A first hearing date for that trial is set for July 27.
Johanns said U.S. packers are suffering as a result of the border closure and they need Canadian cattle returning to the American system to remain viable.
NMA executive director Rosemary Mucklo agreed: “we are appreciative that our appeal has been granted. … We’ll work with all parties for the quick resolution of this litigation.”
NMA represents the meat packing industry in the U.S. as well as Mexico and Canada.
The NMA’s opening brief was due March 21 in the appeal court in San Francisco with responses from both R-CALF and USDA due March 28.
Johanns told attendees at the National Food Processors Association and National Restaurant Association that science must trump regional trade fears.
“The minimal risk rule is based on sound science, and our highest priority is and will always be protecting human health and animal health and consumer confidence.
“A USDA team travelled to Canada after the latest BSE discoveries there and confirmed that Canada is in compliance of its feed ban. Our decision to open the border conforms to OIE (world animal health) international standards. But the bottom line is this: we can’t destroy trade and expect anything good to come out of that.
“Trade based on sound science is good for American producers, consumers, retailers, American food establishments, and it is good for our economy. Of course BSE is only one of the issues that we are dealing with today. As the world gets smaller, the potential threats to our food supply do loom,” he said.
The news of the second appeal and Johanns’ speech helped to send Chicago Mercantile Exchange cattle futures prices lower March 18.
Canadian Cattlemen’s Association spokesperson Cindy McCreath welcomed the appeal announcement.
“We need to resume trade as soon as possible,” she said. “Politics can be tough to overcome sometimes.”
