Court Revives Mad Cow Lawsuit Against USDA

Watkins Glen, NY: A federal court has reinstated a lawsuit against the United States Department of Agriculture (USDA) aimed at stopping the sale of "downed" animals (livestock too sick to stand) for human food because of the fear of mad cow disease.

The lawsuit, filed by Farm Sanctuary, a nonprofit organization, had previously been dismissed by the trial court. The U.S. Second Circuit Court of Appeals reversed the trial court's findings on December 16, sending the case back for further proceedings.

"We are very pleased with this ruling, and we look forward to presenting evidence in court," said Gene Baur (formerly Bauston) , president of Farm Sanctuary. "There is no excuse for marketing and slaughtering diseased animals for food, and the practice should be stopped immediately."

A review of USDA slaughterhouse records obtained through the Freedom of Information Act found that downed animals with pneumonia, hepatitis, malignant lymphoma, gangrene and other diseases have been approved for human consumption. Downed animals are among the most likely to be afflicted with mad cow disease, and they pose a risk for bacterial contamination and other diseases.

Published research conducted by the late Dr. Richard Marsh of the University of Wisconsin, Madison, concluded that downed cows in the U.S. may be afflicted with a form of mad cow disease. Several Congressional attempts to ban the slaughter of downed animals have been thwarted in recent years, largely because of USDA's opposition.

"It is astounding that USDA has asserted that the best way to protect consumers from mad cow disease is to ship downed animals to USDA slaughterhouses where they are killed for human food," said Bauston. A nationwide Zogby poll of 1,013 U.S. citizens found that 77% oppose slaughtering downed animals for food, and 81% are concerned that this practice could put humans at risk for mad cow disease.

It is impossible to move downed animals humanely. They are commonly dragged with chains or pushed with tractors and forklifts. Downed animals may be left to suffer for hours or days, without receiving food, water or veterinary care, and many die of neglect.

With over 100,000 active members across the country, Farm Sanctuary works to end farm animal suffering through legislation and legal actions, cruelty investigations, humane education, public awareness projects, and direct rescue and shelter efforts.