Humane Society Sues USDA to Close Loophole Leading to the Largest Beef Recall in U.S. History

The Humane Society of the United States has 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. The recall was initiated after an HSUS undercover investigation documented shocking acts of animal cruelty to non-ambulatory or "downer" cattle at a slaughterhouse in Chino, California. Watch the undercover video now

"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.

The HSUS suit aims to close this legal loophole and establish an unambiguous no-downer policy that will help safeguard the human food supply and protect helpless and crippled animals, unable to even stand, from egregious abuse and cruelty.

Pacelle is scheduled to testify before a Senate subcommittee today (2/28/2008) 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.

More from the HSUS:

• 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.
  

Here's What YOU can Do:

• Ask the Secretary of Agriculture to Take Action Now!
  
• Ask Congress to Pass the Downed Animal and Food Safety Protection Act
  
• Ask Congress to Pass the Farm Animal Stewardship Purchasing Act