03.03.05

Cantwell, Senate Majority Vote to Keep Northern Border Closed to Canadian Beef Imports

Senate passes resolution disapproving USDA Mad Cow rule

WASHINGTON, D.C. – U.S. Senator Maria Cantwell (D-WA) today joined a majority of other senators in voting to prevent the U.S. Department of Agriculture (USDA) from reopening the border to imports of live Canadian cattle and processed beef. On a vote of 52-46, the Senate passed a resolution disapproving the USDA's rule on the matter. If the House passes a similar measure, then the border will remain closed until Congress directs the USDA to open it.

Cantwell expressed concern that re-opening the border at this time would both pose a threat to American consumers and undermine the confidence of Japan and other foreign markets that buy American beef.

"I strongly believe that all consumers deserve reassurance that Canadian rendering facilities, feed mills, and ranchers are in compliance with Canada's feed regulations," Cantwell said. "The border should remain closed until safety is guaranteed for our nation's consumers and our country's beef industry."

The U.S. Department of Agriculture (USDA) published a rule on January 4, 2005 designating Canada as a "minimal-risk region" with respect to the occurrence of bovine spongiform encephalopathy (BSE), or Mad Cow disease. Just days after the administration announced it would reopen the border to live Canadian cattle and beef products, another case of Mad Cow was discovered in Canada. Unlike previous cases, the most recently discovered cow was born after Canada 's 1997 feed ban went into effect. The latest case calls into question whether Canada is fully enforcing its existing feed ban.

USDA's "Minimal Risk Rule" was set to reopen the border to Canadian cattle and beef imports on Monday, March 7, 2005. USDA's Animal and Plant Health Inspection Service (APHIS) sent a technical team to Canada on January 24, 2005 to determine if Canada 's most recent Mad Cow case came from non-compliance with animal feed regulations. APHIS released a report on February 25, 2005 stating Canada was in "good" compliance. Despite that report, a federal district judge in Montana yesterday issued a court order, blocking the rule from taking effect. Under the court order, the U.S. border will temporarily remain closed.

"I asked for a full look at this problem, not a rush job," Cantwell added. "If two weeks of Canadian inspections yielded compelling evidence that the Canadian feed ban was being fully enforced, this report misses the mark."

The Senate Joint Resolution passed today relied on the Congressional Review Act, which allows the legislative branch to disapprove of rules proposed by any administration. Since becoming law in 1996, the act has been used just once before. The House must also pass the same resolution and the president must sign it into law for the border to remain closed.

Cantwell has held extensive consultations with Washington cattlemen, many of whom also oppose hasty action to re-open the border. "The Canadians have failed to provide proof to American consumers that they are in strict compliance with existing cattle feed regulations," said Lee Englehardt, President of the Cattle Producers of Washington. "In the interest of regaining the trust of our trading partners and preserving consumer confidence here in the U.S. it is of the utmost importance that we do not allow Canadian cattle into the U.S. until we are assured that their cattle are not consuming contaminated feed."

Cantwell has on multiple occasions also raised concerns that loopholes still exist in this country's 1997 ruminant-to-ruminant feed ban, and that these loopholes continue to pose a risk that ruminant materials may find their way into cattle feed. Although the U.S. Food and Drug Administration promised to close these loopholes—stating last July that "specific risk materials" (SRM) should be banned from all animal feed—the agency has thus far failed to act. Cantwell has introduced legislation, the Animal Feed Protection Act of 2005 (S. 73), that would ban SRM from being used in any animal feed, eliminating the possibility that ruminant materials could be knowingly or accidentally fed to cattle.

"Though Canada may have taken action to eliminate some loopholes in its feed ban, and is considering additional rules to ban specialized risk materials or SRMs from animal feed, we should not open our borders until these additional firewalls are in place," Cantwell said. "I will continue to push my legislation to ensure that our feed is not contaminated by similar loopholes in the United States."

The feed ban is an agreement adopted by both the United States and Canada to not allow cattle to consume feed with other cow parts in it. This was determined early on as the most effective way to prevent the spread of mad cow disease. While the U.S. currently won't allow live cattle over 30 months of age to cross the border, the Canadian cow could have easily been slaughtered and used in animal feed, continuing the spread of the disease. For example, the Mabton cow (to date, the U.S. 's only case of mad cow) was proven to have been infected from contaminated cattle feed.

In January, Cantwell and Washington state agriculture leaders called on the Bush Administration to consider postponing new federal rules effective this March that would reopen the Canadian border to beef products until the USDA completes its investigation of the most recent Canadian Mad Cow case. Along with the Washington State Farm Bureau in Olympia , Cantwell released a letter to then-Secretary of Agriculture Ann Veneman and nominee, now-Secretary Mike Johanns calling for closer examination of the issue.

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