WASHINGTON – Today, The Humane Society of the United States (HSUS) and Farm Sanctuary filed a legal petition formally urging the U.S. Department of Agriculture (USDA) to issue a permanent ban on the processing of "downer" cattle, those animals who are too sick or injured to walk into the slaughter plant.

The national nonprofit animal protection organizations filed the rule-making petition with the USDA informing the agency that it has ample legal authority to issue a final rule. The petition also states that in light of the recent announcement that a downed cow from a Texas herd tested positive for bovine spongiform encephalopathy (BSE), any further delay could constitute "unreasonably delayed" agency action under the Administrative Procedures Act. Specifically, the petition urges the USDA to immediately and permanently prohibit the slaughter of all non-ambulatory disabled cattle for human consumption.

After the discovery of the first U.S. BSE case in a downed cow in December 2003, the USDA published an emergency rule banning the processing of downer cattle. At that time, the USDA suggested that a final rule would be forthcoming, but no final rule has yet been issued despite widespread public and Congressional support for such a policy. While the temporary rule is still in effect, The HSUS and Farm Sanctuary urge the USDA to permanently implement the downer policy since it is more humane and an important public health safeguard.

"There have been six BSE-infected dairy cows or beef cattle in North America, and all six have been 'downer' animals," states Wayne Pacelle, HSUS president and CEO. "The evidence is plain and overwhelming. Downed cattle are far more likely to have BSE than ambulatory livestock. The USDA has delayed making the downer ban permanent, perhaps in response to pressure from a few key members of Congress and from some in the cattle industry, but the hedging and the delays must stop. The USDA must take decisive action and make permanent the ban on processing of downer animals for human consumption."

"Not only do downer cattle pose a great BSE threat, but they may have a higher risk of E. coli and Salmonella and pose other threats to public health," added Michael Greger, M.D., HSUS director of public health and animal agriculture.

The temporary ban has yielded broad support. Ninety-nine percent of more than 22,000 public comments to the USDA supported the ban, with the majority urging the USDA to extend the downer cattle ban to other livestock as well.

Both the U.S. House and Senate voted in 2002 to ban the processing of downer cattle, but agriculture committee members ultimately jettisoned the provisions. Representatives Gary Ackerman (D-NY), Steve LaTourette (R-OH), and Senator Daniel Akaka (D-HI) intend to introduce legislation soon to codify the downer cattle ban and to extend it to apply to pigs and other livestock.

A copy of the petition is available online.

The Humane Society of the United States is the nation's largest animal protection organization representing more than nine million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The group is based in Washington and has numerous field representatives across the country. Online at www.hsus.org.

Farm Sanctuary is the nation's leading farm animal protection organization. Since incorporating in 1986, Farm Sanctuary has worked to expose and stop cruel practices of the "food animal" industry through research and investigations, legal and institutional reforms, public awareness projects, youth education and direct rescue and refuge efforts. Farm Sanctuary shelters in Watkins Glen, NY and Orland, CA provide lifelong care for hundreds of rescued animals, who have become ambassadors for farm animals everywhere by educating visitors about the realities of factory farming. Additional information can be found at www.farmsanctuary.org.