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Dow Jones Newswires – Wednesday – September 3, 2008 – 14:29 EDT

(quotes R-CALF USA CEO Bill Bullard) 

U.S. Group (R-CALF USA) Gathers New Evidence to Stop Canada Cattle Imports

By Bill Tomson

WASHINGTON (Dow Jones)--A U.S. rancher group determined to block imports of Canadian cattle more prone to mad-cow disease thinks two new developments may be keys to turn the tide in its lawsuit against the U.S. Department of Agriculture.

The events raising hopes are a new U.S. government report and yet another case of infection found in Canada, according to the group, R-CALF United Stockgrowers of America.

"The USDA has understated the risk associated with allowing Canadian cattle into the United States by a large margin," Bill Bullard, R-CALF chief executive, told Dow Jones Newswires in a recent interview.

Canada keeps finding new cases of mad-cow disease, or bovine spongiform encephalopathy, in cattle eligible to be shipped to the U.S. and the USDA has recently been criticized for not regulating properly the animals as they cross the border.

The latest case of BSE discovered in the Canadian province of Alberta is yet more evidence, R-CALF said. It was the 14th case of BSE discovered in Canada in a native-born Canadian cow. R-CALF refers to the total tally as 15 animals, counting the Canadian-born cow that was likely infected there and then discovered in the U.S.

Eight of those 15, including the latest, would have been eligible for export to the U.S. under current policy that says the animals must have been born after Mar. 1, 1999, Bullard said.

Canada confirmed its latest case of BSE on Aug. 15, in a cow that was six years old. Before that, Canada confirmed in June finding a 5-year-old cow infected with the disease. Canada reported finding its first case of BSE of 2008 in February.

The USDA's Animal and Plant Health Inspection Service, or APHIS, is charged with overseeing and with documenting the importation of live animals into the U.S. from Canada. A recent Office of Inspector General report was critical of the agency's ability to do so.

"Our audit concluded that APHIS' controls over live animal imports need to be strengthened to prevent, detect and address the entry of live animals that do not meet requirements," the OIG said. "APHIS does not have effective systems or controls for approving and ... tracking live animals into the United States. We found animals entered the country without APHIS inspection."

Much of that failure dealt with keeping older Canadian cattle out of the U.S. Until recently only cattle less than 30 months old were allowed to be imported from Canada because of concern that it is the older animals that are more susceptible to contracting the disease.

On Nov. 19, 2007, the USDA eased its restrictions on Canadian cattle imports by allowing in cattle 30 months and older.

Bullard's R-CALF sued USDA over its first decision in 2005 to allow in young Canadian cattle and the rancher group is now taking action against the USDA for its 2007 decision to permit the imports of the older cattle.

Even before Canada confirmed its latest BSE case, R-CALF claimed at least a partial victory in its lawsuit on July 3 when U.S. District Court Judge Lawrence Piersol ordered the USDA to reconsider its rule that allows in the older cattle.

Bullard said the latest infection in an older Canadian animal that was eligible for export to the U.S. and the report faulting USDA's oversight of the border provide a substantial amount of new ammunition for R-CALF to take to Piersol.

The border, Bullard said, is "leaking like a sieve" and that puts a big hole in USDA's claim that the U.S. can safely import Canadian cattle.

Piersol's July 3 ruling did not stop the U.S. importation of Canadian cattle, but it did order the USDA to reconsider its decision to allow in the older cattle. It also told the USDA to ask again for public feedback. The USDA is required to provide "quarterly updates" to the court on its compliance, making the first report due Oct. 3

-By Bill Tomson, Dow Jones Newswires

(END) Dow Jones Newswires

September 03, 2008 14:29 ET (18:29 GMT)

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