BILLINGS, Mont. (Mar. 2, 2005) — A protectionist lobby group in the U.S. is in court today trying to block a rule that would allow live Canadian cattle to cross the U.S. border once again.

The border has been restricted to live cattle shipments since a single Alberta bovine was diagnosed with bovine spongiform encephalopathy, otherwise known as mad cow disease, in May 2003. The ban has since cost the Canadian cattle industry over $5 billion.

In February, U.S Agriculture officials said the 21-month ban would be lifted on March. 7, 2005. Even then, the USDA backed off slightly from an earlier promise to accept all live cattle, opting instead to ease the ban only for cows younger than 30 months, as well all beef and boxed meat shipments. The younger animals are viewed as unlikely to carry BSE.

Since then, however, three other animals in Canada have been identified as having the brain-wasting disease.

U.S. lobby groups R-CALF, (Ranchers-Cattlemen Action Legal Fund) and the United Stockgrowers of America used those cases to press for an indefinite ban on Canadian beef. In Montana today, U.S. District Court Judge Richard Cebull is hearing their arguments for an injunction that would keep the border closed.

The website www.cattlenetwork.com reports that R-CALF USA board member Chuck Kiker testified today that the USDA threatened consumer confidence in the beef available in the U.S. market in 2003 by exposing the U.S. market to beef products from a country known to have BSE. “Today, the BSE problem in Canada is even more questionable, with three additional BSE cases detected after the rule was proposed, and under limited testing,” Kiker is quoted as saying.

Additionally, R-CALF has submitted a 16-page written testimony, which outlines why the group thinks Congress should repeal USDA’s rule. Some of the 11 points in the report include:

— “The Final Rule fails to recognize the scientific principle that appropriate BSE risk mitigation measures are not a one-size-fits-all proposition, but rather, must be based on the scientifically determined magnitude of the BSE problem itself.”

— “The Final Rule fails to recognize the science-based difference between the prevalence, and therefore the risk, of BSE in Canada compared to the United States.”

— “The Final Rule fails to recognize the scientific fact that cattle under 30 months of age can be infected with BSE.”

— “The Final Rule is void of important principles that must be reconsidered before the United States considers reopening the Canadian border to cattle and beef.”

— “Most importantly, science-based BSE rules allowing Canadian beef trade must be preceded by global harmonization to prevent the U.S. from becoming a dumping ground for beef products from countries affected by BSE.”

Meanwhile, U.S. slaughterhouses and meatpackers that rely on Canadian cattle flow have sued USDA for extending the border ban for this long. The groups argue that the agency has not taken into account scientific evidence in making the decision to controlling trade.

Here in Canada, most beef workers and cattle haulers have always been skeptical of the announced border opening. Some truckers that used to haul cattle into the U.S. told Today’s Trucking that the industry doesn’t have to drivers or equipment to gear up in time for the March 7 date, even if the U.S. were to keep its promise to lift the live cattle ban.

— with files from Reuters and Cattlenetwork.com