The Humane Society of the United States Sues to Keep Sick and Injured Cows Out of Food Supply

USDA Loophole Contributed to the Largest Beef Recall in U.S. History

The Humane Society of the United States today filed suit against the U.S. Department of Agriculture (USDA) to close a dangerous loophole in the agency's regulations that contributed to the recent recall of more than 143 million pounds of beef—much of which was fed to schoolchildren in at least 40 states and the District of Columbia. The recall was initiated after an HSUS investigation documented shocking acts of animal cruelty to non-ambulatory or "downer" cattle at a slaughterhouse in Chino, Calif.

"USDA has in recent weeks assured the public that sick and crippled cattle are not allowed to enter the food supply, but the agency's regulations actually contradict that assertion," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Unless we want yet another dramatic food scare—further eroding consumer confidence in beef and costing the private sector and the federal government tens of millions of dollars—we should not hesitate to close this legal loophole and establish an unambiguous no-downer policy that will also help protect crippled animals from egregious abuse."

On Thursday, Pacelle is scheduled to testify before a Senate subcommittee examining the issues surrounding the case. He will call on Congress to pass legislation to strengthen the nation's farm animal welfare laws.

Because downer cattle are at a heightened risk for bovine spongiform encephalopathy (BSE, or "mad cow disease") and other foodborne pathogens, USDA issued an emergency rule in 2004 to prevent downed cattle from being slaughtered for human consumption. However, in 2007, the agency quietly reversed course and relaxed its rules to permit some crippled cows to be slaughtered for human consumption.

That loophole—which fails to adequately prevent the slaughter of animals who are violently forced onto their feet long enough to pass inspection, as well some animals who go down after initial inspection—precipitated some of the most disturbing incidents documented by an HSUS investigator at the Hallmark slaughter plant, including employees routinely beating cows to try to make them stand, repeatedly electrocuting cows in the face and eyes, and almost inconceivable incidents in which they rammed animals with forklift blades and dragged them by chains.

The lawsuit alleges that the downer loophole is irrational and inconsistent with the USDA's obligations to ensure humane handling and food safety under the Humane Methods of Slaughter Act and the Federal Meat Inspection Act. The suit also alleges that the loophole was promulgated in 2007 without adequate public notice and comment under the federal Administrative Procedure Act.

"The school lunch program should be providing safe and healthy meals for our children—not serving up sick animals or promoting animal cruelty," said Diana Crossman, a longtime HSUS member and mother of two children in Los Angeles County public school. "USDA is supposed to protect our children, and that doesn't mean telling us one thing and doing something else about allowing sick animals in the food supply."

Facts:

• The Federal Meat Inspection Act is designed to protect consumers by preventing meat that is "adulterated"—not fit for human consumption—from entering the food supply.
• The Humane Methods of Slaughter Act requires that "the handling of livestock in connection with slaughter shall be carried out only by humane methods."
• Downed cattle may be at higher risk of contamination with foodborne pathogens such as E. coli O157:H7 and Salmonella, as well as the pathogens that cause mad cow disease.
• Eating meat from cattle infected with mad cow disease is believed to cause an invariably fatal human neurological disease known as variant Creutzfeldt-Jakob disease (vCJD). It may take years for symptoms to develop after eating contaminated meat.

Timeline:

• Feb. 17, 2008—USDA announces recall of 143 million pounds of beef, the nation's largest recall to date, from Hallmark/Westland Meat Co.
• Feb. 15, 2008—San Bernardino County District Attorney Michael A. Ramos charges Daniel Ugarte Navarro with five felony counts under California's anti-cruelty statute and three misdemeanor counts alleging the use of a mechanical device to move "downer" cows, and a second worker, Jose Luis Sanchez, with three misdemeanors involving downers.
• Feb. 5, 2008—USDA announces it has pulled its inspectors and shut down the cattle slaughter plant that was the subject of an HSUS undercover investigation. USDA Undersecretary Dr. Richard Raymond cites "egregious violations of humane handling regulations" in pulling inspectors from the plant.
• Jan. 31, 2008—The HSUS urges schools in 36 states to stop serving Westland meat received through the National School Lunch Program.
• Jan. 30, 2008—USDA suspends Westland Meat Co. as a supplier to the National School Lunch Program and other federal nutrition programs, in response to the weeks-long HSUS investigation of the plant.
• Jan. 30, 2008—The HSUS reveals weeks-long investigation's findings of widespread mistreatment of nonambulatory dairy cows at a Hallmark Meat Packing Co., of Chino, California.
• July 13, 2007—USDA reverses course and alters federal regulations to permit some crippled cows to be slaughtered for human consumption.
• Jan. 12, 2004—USDA prohibits all downer cattle from being slaughtered for human consumption, in response to the first U.S. case of BSE discovered in Washington State.

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Go to video.hsus.org to view or download video footage from the investigation.

The Humane Society of the United States is the nation's largest animal protection organization — backed by 10.5 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty — On the web at humanesociety.org.