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By Mike Barnett
Editor
Reopening of the U.S. border to imports of Canadian beef continues to be a contentious issue within the beef industry as a ruling by the U.S. District Court for the District of Montana imposed a temporary injunction on reestablishing trade with Canada for live cattle younger than 30 months of age. The U.S. halted imports in 2003 when a cow there was discovered with bovine spongiform encephalopathy (BSE).
"I am very disappointed in today's (March 2) ruling by the court to temporarily delay the implementation of USDA's minimal risk rule..." said Agriculture Secretary Mike Johanns. "USDA remains confident that the requirements of the minimal-risk rule, in combination with the animal and public health measures already in place in the United States and Canada, provide the utmost protection to both U.S. consumers and livestock. We also remain fully confident in the underlying risk assessment, developed in accordance with the OIE guidelines, which determined Canada to be a minimal risk region."
The Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America, more commonly know as R-CALF, had asked the court to block the plan, claiming it would endanger U.S. livestock, the economy and public health by increasing the exposure to BSE.
The injunction will result in either an appeal by USDA to the 9th Circuit Court of Appeals or a trial on the issue of the safety of Canadian cattle, which could take place later this year.
The leader of a Texas Farm Bureau task force examining the impact of reopening the U.S. border to Canadian beef imports said he wishes science would decide beef industry issues rather than the courts.
"We have a series of issues within the cattle industry—costly issues that need to be resolved," said TFB State Director Dan Dierschke, the task force chairman. "And we would prefer they be resolved through science and negotiation, rather than going through the courts all of the time.
"The findings of the task force—looking at the science—supported opening the border, and did not support the granting of the injunction against the rule opening the border."
Following on the heels of the injunction, the U.S. Senate voted by a count of 52 to 46 to overturn USDA's rule to lift its ban on Canadian cattle imports. A similar measure was introduced in the House, but no vote has been scheduled.
House Agriculture Chairman Bob Goodlatte (R-Va.) and Cong. Robin Hayes (R-N.C.), expressed disappointment, referring back to the temporary injunction granted by the Montana judge.
"The ramifications of this judicial ruling are devastating for the U.S. livestock and beef industry," the two said in a joint statement. "Testimony before the House Committee of Agriculture hearing Tuesday (March 1) outlined the numerous ways that the status quo is causing adverse economic harm to our processing industry, which has grave long-term implications for cattle producers. Moreover, the decision further undermines our credibility as we seek to eliminate non-tariff trade barriers around the world.
"While it is unfortunate that the entire matter is now in the hands of the Federal Courts, we are confident that the Administration will act swiftly to appeal this shortsighted ruling. In light of the recent events in Montana, it is difficult to understand why some Senate members feel so compelled to take action today (March 3) since it is clear that this issue is far from resolved in the courts."
Meanwhile, in a related trade matter, Congressman Randy Neugebauer (R-Tex.) has co-sponsored a House resolution that urges the United States Trade Representative to impose economic sanctions on Japan if it continues to keep its borders closed to U.S. beef.
