The Agribusiness Examiner
March 12, 2004, Issue #330

USDA Fears "Consumer Confusion" - Will Not Accept Non-agency Testing 
For Mad Cow Disease

SCOTT KILMAN, WALL STREET JOURNAL: Susan Brownawell, a mother of 
three, wants to be able to have her family's beef screened for 
mad-cow disease. And Missouri rancher David Luker, who supplies much 
of the family's meat, is willing to do just that.

The U.S. Department of Agriculture is all that stands in their way.

The USDA, which conducts only limited testing on its own, doesn't 
allow private testing for the fatal brain-wasting disease in cattle, 
in part because officials worry that potential marketing for tested 
meat would confuse consumers. That is, if some beef is labeled as 
coming from cattle tested for mad cow, it may imply that untested 
beef isn't necessarily safe.

Federal officials also say they fear that private laboratories would 
report false positives, upsetting overseas customers and causing 
cattle prices to crash. By keeping mad-cow testing within USDA walls, 
officials argue, the government can confirm test results before they 
become public.

But with the first appearance of the disease in a U.S. cow more than 
two months ago, pressure is mounting on the department to give up the 
government monopoly on testing.

"This is ridiculous. If people want to have their beef tested, they 
should be able to," says Ms. Brownawell, a Web page designer in 
Fulton, Missouri. "Isn't this how the free market works?"

The mad-cow discovery spotlights whether shoppers should be able to 
verify the safety of their food however they want, particularly if 
the government won't do it for them. The dispute pits consumer 
advocates and some beef entrepreneurs against the USDA and big-beef 
interests.

The USDA's qualms about allowing private testing reflects the 
agency's sometimes conflicting missions to promote the $27 billion 
cattle industry at the same time it is supposed to protect consumers 
from bad meat. Indeed, the USDA is respecting the wishes of most big 
meatpackers, which want a tight lid on mad-cow testing. The USDA also 
has a vested interest in keeping testing out of the hands of private 
companies, since their work could challenge the Bush administration's 
position that mad cow isn't a problem in the U.S.

The USDA's monopoly on mad-cow testing frustrates Mr. Luker, who owns 
Missouri Valley Natural Beef, in Chamois, Missouri., a company that 
sells naturally raised beef door-to-door to customers such as Ms. 
Brownawell.

The mad-cow discovery prompted some of Mr. Luker's customers to ask 
whether he tests his cattle for the disease, because consumption of 
tainted meat products can trigger a very rare but always fatal brain 
disease in humans called variant Creutzfeldt-Jakob disease. After a 
lot of phone calls, he tracked down the USDA's only mad-cow testing 
laboratory in Ames, Iowa. Mr. Luker says he asked the laboratory to 
screen his cattle --- a service for which he is willing to pay --- 
but he says he was rebuffed and told that the beef supply is safe.

"I think the question is whether the USDA has such a far-reaching 
right to make such a far-reaching risk assessment for me," says the 
rancher, who has 160 head of cattle on his ranch. He says the 
inability to test for the disease, technically known as bovine 
spongiform encephalopathy, or BSE, has cost him at least one 
potential customer.

Creekstone Farms Premium Beef LLC, a meatpacker that slaughters 
cattle at a plant in Arkansas City, Kansas, in February said it would 
build its own mad-cow testing laboratory -- an announcement that 
prompted a USDA warning that anyone testing without its approval 
could face criminal charges.

Creekstone says it is trying to restart shipments to Japan, which 
insists on 100% testing first. The Bush administration's refusal to 
satisfy this request is forcing some U.S. meatpackers to lay off 
workers. The borders of more than 50 countries remain closed to 
American beef exports, which last year totaled about $3 billion.

"If we can improve food safety, keep our customers happy and protect 
the jobs of our workers, I would walk into jail," says Bill Fielding, 
chief operating officer of closely held Creekstone, which is trying 
to enlist support from Kansas's congressional delegation.

"Private companies should be able to test if they want," says Michael 
Levine, president of the meat business at Organic Valley, a 
nationwide cooperative of organic farmers. "I think the USDA is just 
petrified of finding more instances of BSE," he adds.

Meat companies already screen their products for contaminants such as 
pathogenic microorganisms and drug residues. But certain animal 
diseases are dealt with differently, thanks in part to the Virus 
Serum Toxin Act. The 1913 law gives the USDA authority for ensuring 
that veterinary diagnostic test kits are safe and accurate. The 
department has extraordinary powers to fight livestock epidemics --- 
it can eradicate animals without the consent of owners --- and the 
department claims the act gives it sweeping authority over how 
testing for animal diseases is done in the U.S.

The only laboratory in the nation testing for mad-cow disease is the 
USDA facility in Ames, Iowa. Scientists there analyze the samples 
collected for a federal mad-cow surveillance program that last year 
screened one out of every 1,700 cattle slaughtered in the U.S. They 
use a procedure called immunohistochemistry in the search for signs 
of the disease agent, which causes sponge-like holes to form in the 
cattle's brain. The process takes a few weeks.

While the method for detecting mad cow is complicated --- there are 
no tests that work on live cattle --- the federal government isn't 
the only entity with the capability. Indeed, several state-run 
laboratories use immunohistochemistry to look for chronic wasting 
disease, a similar brain illness that affects deer and elk.

Testing for mad-cow disease is getting easy enough for many private 
labs to do. Four testing firms make rapid diagnostic kits that can 
tell, in a matter of several hours, whether a dead cow was infected. 
They're widely used in Japan and in the European Union.

The USDA is preparing to license some of these companies to sell 
their wares in the U.S., but the government may end up as their only 
customer.

USDA officials say they worry meat companies might mislead consumers 
into thinking that cattle that test negative are free of the 
infection, of which there is no way to be sure. The disease agent --- 
which distorts the shape of normal body proteins called prions --- is 
present in cattle for years before it reaches the brain, where it 
multiplies so dramatically that it can be detected by today's tests.

"These tests aren't really designed to be food safety tests" but 
rather surveillance tests, says Ron DeHaven, the USDA's chief 
veterinarian.

But regulators in other countries deal with this testing limitation 
by simply forbidding BSE-free claims. That doesn't stop companies 
from saying the meat comes from cattle that has been tested. In 
Switzerland, some McDonald's Corp. restaurants advertise on paper 
place mats that the hamburger comes from screened cattle.

The discovery of a single diseased cow doesn't scare most U.S. meat 
eaters; retailers say beef consumption hasn't suffered. Still, a late 
February poll by NPD Group Inc. found 22% of the 556 people surveyed 
were extremely or very concerned about mad-cow disease. In hopes of 
reassuring consumers, the USDA is close to announcing plans to test 
hundreds of thousands of cattle this year, with about 20,000 last 
year. But any expansion won't satisfy the consumers who want to know 
that the beef on their plate came from a tested cow. About 35 million 
cattle will be slaughtered this year.

What's more, a controversy over the detection of the first U.S. case 
of mad cow is fueling fears that the discovery was a fluke. The 
department's testing program focuses on injured and ill cattle, 
called "downers," because the inability to walk is one symptom of 
BSE. The USDA said the infected Holstein cow was discovered at a 
Washington state meatpacking plant because the federal veterinarian 
there tagged her as a downer.

But men who claim they saw the infected cow that day say she was 
ambulatory. If the men are correct, say consumer advocates, the 
government's testing theory could go out the window.

Phyllis K. Fong, the inspector general of the USDA, told Congress 
last week that her office is investigating whether official records 
about the infected cow were illegally altered.

Cattle contract the disease by eating the remains of infected cattle. 
That can happen because the rendering industry grinds dead livestock 
into protein ingredients for the feed industry. To keep the disease 
out of the cattle population, the U.S. government bans feed producers 
from using cattle remains in products meant for cattle, but critics 
worry that feed meant for another animal could wind up being fed to 
cattle.
 


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