Lawyers representing Creekstone Farms Premium Beef told a federal appeals court on Friday that USDA has no authority to keep the company from testing slaughtered cattle for bovine spongiform encephalopathy.

The Arkansas City, Kan.-based processor appeared before a three-judge panel of the U.S. Court of Appeals for the Washington D.C. circuit as the government continues to try to reverse a lower court ruling that allowed the company to more thoroughly test for BSE among its slaughtered cattle to reassure overseas customers in Asia. (See USDA reviewing federal court's ruling on BSE testing on Meatingplace.com, March 30, 2007.)

At present, less than 1 percent of slaughtered cattle are tested for BSE under USDA rules. The agency contends that more comprehensive testing doesn't guarantee food safety and may produce a false positive that alarms consumers.

"They want to create false assurances," Justice Department attorney Eric Flesig-Greene told the judges, according to the Associated Press.

But Creekstone's legal counsel argued that USDA's own regulations regarding treatment of domestic animals do not prohibit individual companies from testing for BSE, noting the test is conducted only after an animal is slaughtered. He reiterated the agency has no authority to prevent companies from conducting such testing. "This is the government telling consumers, 'You're not entitled to this information,'" attorney Russell Frye said.

Chief Judge David B. Sentelle indicated agreement with Creekstone. "All [Creekstone wants] to do is create information," he said, adding that consumers can then decide how to interpret it.

By Tom Johnston on 5/12/2008 for Meatingplace.com