AMI Vows Fight Over Injunction

WASHINGTON - Mar 2/05 - SNS -- The U.S. based American Meat Institute (AMI) expressed disappointment with a federal court injunction against the opening of the U.S. border to imports of live cattle from Canada on March 7.

J. Patrick Boyle, AMI's president and CEO, said the decision is disappointing because "Canadian beef is as safe and wholesome as beef produced in this country. In fact, because there is no legal or scientific reason to justify the continued ban on importing Canadian beef and cattle, we believe its enforcement is arbitrary and capricious and will ultimately be struck down by the courts.

"The prolonged border closure with Canada is not only causing long term structural damage to the meat industry in the U.S., but has hurt many hardworking American families who earn their living processing Canadian cattle and beef products. While a handful of producers in the upper Midwest will continue to see an economic windfall from this ban, thousands of Americans, and the cause of free and fair trade, will suffer as long as this ban continues.

"We will review the judge's written decision tomorrow and provide further comment. AMI continues to await a ruling from U.S. District Court Judge John Garrett Penn regarding its lawsuit seeking full restoration of trade in cattle and beef products with Canada. The Montana ruling has no legal impact on AMI's case."

Not surprisingly, the Canadian Cattlemen's Association (CCA) echoed the AMI's sentiments, saying it remains convinced of the merits of the United States Department of Agriculture (USDA) rule to re-open the border to live cattle and an expanded list of beef products and that today's decision in the R-CALF as. USDA lawsuit is a temporary setback.

"The judge hearing the case today," the CCA said, "issued a preliminary injunction against the rule to expand the list of products eligible for import until a hearing can be scheduled on the merits of a permanent injunction.

"The border had been scheduled to re-open to live Canadian feeder and slaughter cattle and an expanded list of beef products on Monday, March 7. Further information will be known when the judge issues his written decision. CCA will be working with the Government of Canada to exercise every legal option available to resolve this setback as soon as possible."

U.S. Agriculture Secretary Mike Johanns said, "I am very disappointed in today's ruling by the court to temporarily delay the implementation of USDA's minimal-risk rule, which would re-establish trade with Canada for live cattle under 30 months of age.

"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.

"Today's ruling is not a reflection on the substance of the minimal-risk rule, but rather a procedural delay while the judge considers the merits of the case. We continue to believe that international trade in beef, founded on science-based regulations, should be re-established in an expeditious manner."