Farmed Animal Watch
A Project of Animal Place

January 22, 2004                                                     (To Search This Page Press Ctrl F)
Number #40 Volume 2


CONTENTS


USDA BAN ON NON-AMBULATORY CATTLE IN THE HUMAN FOOD SUPPLY
1. Emergency Measures
2. Regulatory Changes
3. Rationale
4. Prevention
5. Opposition
6. Expansion
7. Foreign Policy
8. BSE Sites
9. References
 

1. EMERGENCY MEASURES
In response to the first recognized case of Bovine Spongiform Encephalopathy (BSE, a.k.a. "mad cow disease") in the U.S. (see http://tinyurl.com/3bx3n ), Agriculture Secretary Ann Veneman announced on Dec. 30th an immediate ban on the slaughter of non-ambulatory cattle at USDA inspected slaughterplants. Also announced were: a ban on air-injection stunning, restrictions on Advanced Meat Recovery (AMR) systems, additional types of cattle tissues added to the list of  "specified risk materials" prohibited for use in the human food supply, and the requirement of a confirmed negative test result for cattle tested for BSE before meat from them can be marked as having been inspected {1}. (State-inspected slaughterplants are to have equivalent procedures in place.)
 
The measures were passed as an emergency interim rule and as such are open to change. Although a ban on non-ambulatory animals had been opposed by the meat industry and its allies in government since at least 1992 {2}, it is now generally accepted by industry as a necessity {3} in order to resume trade with the more than 40 countries which banned U.S. cattle and beef after the BSE case was announced {4}. However, some argue the ban is too strict and should be relaxed {5}. The USDA's Food Safety and Inspection Service (FSIS) is accepting comments from the public on the new rules until April 12, 2004. The agency will then publish another document incorporating changes made as a result of the comments. The documents and information on submitting comments can be found at: http://www.fsis.usda.gov/oa/news/2004/bseregs.htm (see in particular Docket 03-0251F). 
 
2. REGULATORY CHANGES
FSIS has amended the slaughter inspection regulations by replacing the term "downers" with the term "non-ambulatory disabled livestock'' to more accurately describe the cattle it believes should be prohibited from the human food supply. They are defined as animals who "cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions." The definition includes cattle who are non-ambulatory due to an injury or illness. All such cattle are included regardless of when they become disabled {6}. (The only exception is for cattle who incur an acute injury after they've passed ante-mortem inspection {7}.) Cattle who become disabled due to acute injury en route to slaughter or at the slaughterplant are to be humanely moved and euthanized, and their bodies are to be denatured, rendered or incinerated. Non-ambulatory cattle are not allowed to be taken into slaughterplants to be killed or processed {6}.
 
3. RATIONALE
Non-ambulatory cattle are more likely to be infected with BSE than are ambulatory cattle. (Screening in Switzerland found them to be 49 times more likely to be infected.) Clinical signs of BSE are not always observable in non-ambulatory cattle, and current testing methods may not detect infection even if it is present in certain tissues of the body. [Not all non-ambulatory cattle are tested for BSE.] Therefore, FSIS contends that permitting non-ambulatory cattle who have tested negative for BSE into the human food supply will not be as safe as prohibiting all non-ambulatory cattle from it {6}.
 
4. PREVENTION
It is believed the ban will force changes in the way cattle are treated, particularly those used in the dairy industry. An estimated 3-4% of cattle in the beef industry become non-ambulatory, whereas research in Wisconsin and Minnesota in 2003 found 23% of cattle in the dairy industry were lame. This is in part because they are slaughtered at a later age. Animal scientist and industry consultant Temple Grandin notes that some dairies force heifers to mature so fast that their bones don't have time to develop properly, creating leg problems and lameness. Cows are pushed to increase their milk supply "until they're pouring their bones into the milk pail." Grandin says 90% of non-ambulatory cases are preventable. Dairy veterinarian Karen Jordan explains that, due to the severely discounted price paid for cattle who are rendered, the ban will be a strong incentive for sending cattle to slaughter sooner rather than allowing them to become disabled {8}.
 
5. OPPOSITION
Some within government and industry want the ban relaxed so cattle who are non-ambulatory due to an injury (vs. an illness) are allowed to be used for human food. (The cow who was found to be infected was non-ambulatory due to an injury sustained from having given birth to an abnormally large calf {9}.) They contend that a great amount of usable meat will otherwise be needlessly restricted {5}, and that BSE testing will be impeded if potentially diseased non-ambulatory cattle are not taken to slaughterplants {10}. Criticisms of the ban dominated a January 21st Congressional hearing on the BSE situation {11}. Some lawmakers said the government should pay farmers, ranchers and feedlot operators for getting disabled cattle tested. Earlier this month the USDA had said it might make such payment. Secretary Veneman responded at the hearing by pointing out that there has been no government payment for the estimated 400,000 dead or dying cattle taken to rendering plants each year {12} (which process them into products other than meat {13}). She said they are at higher risk of having the disease {11} than are the 150,000-200,000 non-ambulatory cattle who have gone to slaughterplants each year {12}. (Thirty-six million cattle are slaughtered annually in the U.S.) Veneman said some BSE testing will be done at facilities other than slaughterplants, such as farms and rendering plants {14}. She said the matter needs further debate {12} and that changes to the ban are a possibility {11}.
 
6. EXPANSION
Advocates for consumers and animals want the ban expanded to include other species of farmed animals. They point out that, in addition to BSE, such a ban will help safeguard against E. coli, Salmonella and other diseases {15}. For example, a USDA study published in August found non-ambulatory cows to be three times more heavily contaminated with E. coli than were other cows {8}. On the same day as the Congressional hearing, a number of federal legislators announced the reintroduction of the Downed Animal Protection Act, in both the House (H.R. 2519) and Senate (S. 1298), which seeks to ban the use of cattle, goats, horses, pigs and sheep in the human food supply {16}. In addition to including other species in the ban, bill sponsor Representative Gary Ackerman (D.- N.Y.) said he wants to make the ban permanent to prevent the USDA from later tweaking it on behalf of industry {17}. Farm Sanctuary has renewed its call to the FDA to grant a petition it filed in 1998 to prevent the use of disabled animals in the human food supply, and the organization continues to pursue a lawsuit with the same intent against the USDA {18 and see: http://www.nodowners.org/how2help.htm )}.
 
7. FOREIGN POLICY
The USDA has written to countries that sell beef to the U.S. requiring that they match the new BSE safeguards, including the ban on non-ambulatory cattle. The ten countries are: Australia, Argentina, Canada, Brazil, Costa Rica, Honduras, Mexico, Nicaragua, New Zealand and Uruguay. "Any exporting establishment that has not properly implemented equivalent control will be suspended immediately," the letter states. Veneman told the House Agriculture Committee that none of the counties have said they intend to contest the requirements {19}. On Jan. 21st, Canada banned the slaughter of non-ambulatory animals at slaughterplants that ship beef to the U.S. as a temporary trade measure. Canada's "wishy-washy" rules regarding disabled animals vary across the country. Surveys are being conducted, and the Canadian Food Inspection Agency is reported to be working on a nationwide ban on the use of non-ambulatory cattle for human consumption {20}. Non-ambulatory cattle are also banned from the human food supply in member countries of the European Union {21}.
 
8. BSE SITES
The following web sites offer extensive information on BSE and the new regulations:
 
ANIMAL AND CONSUMER ADVOCACY
Farm Sanctuary
http://www.nodowners.org/faqs.htm
The Humane Society of the United States
http://www.hsus.org/ace/20269
Organic Consumers Association
http://organicconsumers.org/madcow.htm
Physicians Committee for Responsible Medicine
http://www.pcrm.org/health/prevmed/madcow.html
Public Citizen
http://www.citizen.org/cmep/foodsafety/madcow/articles.cfm?ID=10926
 
GOVERNMENT
Canadian Food Inspection Agency
http://www.inspection.gc.ca/english/anima/heasan/disemala/bseesb/bseesbindexe.shtml
The Centers for Disease Control and Prevention
http://www.cdc.gov/ncidod/diseases/cjd/cjd.htm
Food Safety and Inspection Service
http://www.fsis.usda.gov/oa/topics/bse.htm
U.S. Food and Drug Administration
http://www.fda.gov/oc/opacom/hottopics/bse.html
 
INDUSTRY
Cattlemen's Beef Board & National Cattlemen's Beef Association
http://www.bseinfo.org
The Center For Consumer Freedom
http://www.consumerfreedom.com/madcowFAQ.cfm
The Pig Site
http://www.thepigsite.com/LatestNews/Default.asp?AREA=LatestNews&Display=6823
 
 
9. REFERENCES
1. "USDA Issues New Regulations to Address BSE," Food Safety and Inspection Service News Release, January 8, 2004.
http://www.fsis.usda.gov/oa/news/2004/bseregs.htm
 
2. "Meat From Infirm Animals Is Banned," The Washington Post; Shankar Vedantam, Guy Gugliotta, Caroline E. Mayer, & Mike Allen; December 31, 2003.
http://www.washingtonpost.com/wp-dyn/articles/A42271-2003Dec30.html
"Big Beef's Dirty War," LA Weekly, Vince Beiser, January 16-22, 2004. 
http://www.laweekly.com/ink/04/08/news-beiser.php
 
3. "Groups React to USDA's Steps on BSE," Pro Farmer, Roger Bernard, December 30, 2003.
http://www.agweb.com/news_show_news_article.asp?articleID=104453
"For Cattle Industry, a Swift Response Years in The Making," The New York Times, Glen Justice, January 1, 2004.
http://www.theledger.com/apps/pbcs.dll/article?AID=/20040101/ZNYT02/401010431
"Farmers Won't Lose Much on 'Downed' Cow Slaughter Ban," Seattle Times, Jonathan Martin, Susan Keheller, & Gene Balk, December 31, 2004. 
http://seattletimes.nwsource.com/html/localnews/2001826710_maddowner31m.html
 
4. "Groups Urge Expanded Mad-cow Protections," Seattle Times, Sandi Doughton, January 16, 2004.
http://seattletimes.nwsource.com/html/health/2001837962_madcow16m.html
 
5. "Cattle Slaughtering Ban Too Strict, Conrad Says," Associated Press, James MacPherson, January 10, 2004.
http://www.bismarcktribune.com/articles/2004/01/10/news/state/sta01.txt
"USDA Takes Heat For 'Downer' Ban," Meating Place, Brendan O'Neill, January 8, 2004.  
http://www.meatingplace.com/DailyNews/oop/qnohit_g.asp?ID=11701
"AFBF Delegates Adopt BSE Policies," Iowa Farm Bureau News, Dale Johnson, Jan. 19, 2004.
http://www.ifbf.org/publication/spokesman/story.asp?number=22141&type=News
See also #10 & #11 below.
 
6. "Prohibition of the Use of Specified Risk Materials For Human Food And Requirements For The Disposition of Non-Ambulatory Disabled Cattle," FSIS Docket 03-025IF, Federal Register, January 12, 2004.
http://www.fsis.usda.gov/OPPDE/rdad/FRPubs/03-025IF.htm or
http://www.fsis.usda.gov/OPPDE/rdad/FRPubs/03-025IF.pdf
 
7. "Interim Guidance For Non-Ambulatory Disabled Cattle And Age Determination," FSIS Notice 5-04, January 12, 2004.
http://www.fsis.usda.gov/OPPDE/rdad/FSISNotices/5-04.htm
 
8. "Ban on 'Downers' Could Change Way Cattle Are Raised," USA Today, Elizabeth Weise, January 2, 2004.
http://www.usatoday.com/money/industries/food/2004-01-02-madcow-usat_x.htm
 
9.  "Despite Mad-Cow Warnings, Industry Resisted Safeguards," The New York Times; Christopher Drew, Elizabeth Becker & Sandra Blakeslee; December 28, 2003.
http://www.nytimes.com/2003/12/28/national/28COW.html
"1 Cow Puts a Lot on American Plates," The Oregonian; Andy Dworkin, Joe Rojas-Burke, Richard Hill & Laura Oppenheimer, December 29, 2003.
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/1072702834320130.xml
 
10. "BSE Situation Brings Downer Animal Issue Back to Forefront," Pro Farmer, Roger Bernard, December 12, 2003.
http://tinyurl.com/2c8gz or
http://www.agweb.com/news_show_news_article.asp?file=AgNewsArticle_200312301133_636&articleID=104426&newscat=GN
"Small Processors Say Ban on Downers Could 'Mask' Problem," Associated Press, Steve Moore, December 31, 2003.
http://www.montanaforum.com/rednews/2003/12/31/build/ag/bse-downreax2.php?nnn=5
 
11. "Lawmakers Focus on Downer Animal Issue in BSE Hearing," Pro Farmer, Roger Bernard, January 22, 2004.
http://tinyurl.com/32fgk or
http://www.agweb.com/news_show_news_article.asp?file=AgNewsArticle_20041211646_2336&articleID=105139&newscat=GN
 
12. "US 'Downer' Ban Hurts Cattle Producers - Lawmakers," Reuters, January 21, 2004.
http://www.alertnet.org/thenews/newsdesk/N21272077.htm
 
13. "One Cow, Hundreds of Uses," The Oregonian, Steve Woodward, January 4, 2004.
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/1073135194312870.xml
"Mad Cow Case Casts Light on Beef Uses," The Los Angeles Times, Stephanie Simon & Lianne Hart, January 4, 2004.
http://tinyurl.com/2ynjb or
http://www.latimes.com/news/nationworld/nation/la-na-beef4jan04,1,5159276.story?coll=la-home-headlines
 
14. "USDA Chief Criticized on Mad Cow Rule," The Chicago Tribune, Andrew Martin, Jan. 22, 2004.
http://www.chicagotribune.com/news/nationworld/chi-0401220294jan22,1,7692944.story
 
15. "Statement of Adam Goldberg, Policy Analyst, Consumers Union, at a Press Conference in Support of the Downed Animal Protection Act, Consumers Union press release, Jan.21, 2004.
http://www.consumersunion.org/pub/core_food_safety/000764.html
"Farmers Won't Lose Much on 'Downed' Cow Slaughter Ban," Seattle Times, Jonathan Martin, Susan Keheller, & Gene Balk, December 31, 2004. 
http://seattletimes.nwsource.com/html/localnews/2001826710_maddowner31m.html
 
16. "Congress Seeks Ban on Downer Animals," Reuters, Richard Cowan, January 21, 2004.
http://www.planetark.com/dailynewsstory.cfm/newsid/23521/story.htm
 
17. "Legislators Renew Effort to Fight Mad Cow Disease," Congress Daily PM, Jan. 21, 2004.
http://www.govexec.com/dailyfed/0104/012104cdpm1.htm
 
18. USDA Knowingly Approves Diseased Animals for Human Food; Farm Sanctuary Renews Call for Ban on Downed Animal Slaughter," U.S. Newswire, December 29, 2003.
http://releases.usnewswire.com/GetRelease.asp?id=106-12292003
"Where the Cows Come Home," The New York Times, Donald G. McNeil Jr., January 2, 2004.
http://www.farmsanctuary.org/media/media_nyt5.htm
 
19. "U.S. Expects Beef Nations to Adopt its Mad Cow Rules," Reuters, Charles Abbott, January 21, 2004.
http://www.alternet.org/thenews/newsdesk/N21160906.htm
 
20. "Canada Bans 'Downer' Cows from Slaughterhouses That Ship to U.S.," Associated Press, January 15, 2004.
http://www.kgw.com/sharedcontent/APStories/stories/D8033N4O1.html
 
21. "Farmers Won't Lose Much on 'Downed' Cow Slaughter Ban," Seattle Times, Jonathan Martin, Susan Keheller, & Gene Balk, December 31, 2004. 
http://seattletimes.nwsource.com/html/localnews/2001826710_maddowner31m.html