Court Rules on Use of BSE Test Kit

US - The USDA and Creekstone Farms Premium Beef of Arkansas City, Kansas, have been engaged in ongoing litigation regarding Creekstone's desire to test its own cattle for bovine spongiform encephalopathy.

On August 29, the United States Court of Appeals for the District of Columbia found that USDA can regulate the use of the rapid BSE test kit by restricting its distribution and sale.

The ruling by the U.S. Court of Appeals for the District of Columbia overturns an earlier federal court decision stating that Creekstone must be allowed to test for BSE. The case now returns to the district court, where Creekstone can make further arguments.

Creekstone's legal counsel has 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.

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Source: Usagnet

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