Marler Blog - Should ALL "Downers" be banned from the food supply? - Comments

Dog Mommy

marler@marlerclark.com (Food Poisoning Lawyer) — Sun, 02 Mar 2008 14:20:51 -0800

Yes, for human health. Downers result from long-term health issues that ought not be introduced into the food chain. Yes, for animal kindness. If only ambulatory, healthy cattle are allowed at market, all will receive better care earlier in life. Yes, for responsible use of God-given renewable resources. Especially as a food source for man, they are due respect according to their purpose and function in the Creation. "The righteous man regardeth the life of his beast, but the tender mercies of the wicked are cruel." Proverbs 12:10 KJV.

Phyllis Entis

marler@marlerclark.com (Food Poisoning Lawyer) — Sun, 02 Mar 2008 14:20:51 -0800

Have a look at page 3 of FSIS Notice 56-07. It provides a list of "talking points" for inspectors to use in meetings with meat processors in discussing the non-ambulatory cattle policy "clarification". Specifically, one of the talking points states:
"9 CFR 309.3(e) continues to require that non-ambulatory disabled cattle that are offered for slaughter be condemned. However, this requirement now also clarifies that FSIS inspection personnel will determine the disposition of cattle that become non-ambulatory disabled after such cattle have passed ante-mortem inspection on a case-by-case basis. This revision reflects current Agency practices but adds this clarification to the regulatory text."

As I read this statement, FSIS has been "interpreting" the absolute downer cow ban to permit a case-by-case judgment call all along.

Bix

marler@marlerclark.com (Food Poisoning Lawyer) — Sun, 02 Mar 2008 14:20:51 -0800

Interesting, Phyllis. Boy, this is a grey area, isn't it. Or at least some want it to be a grey area.

If you have a healthy cow that steps in a hole and breaks its ankle, you may still have a healthy cow (for a short time at least). Pass? or Fail?

If you have a cow that appears lethargic and confused, but you can coax it up ... Pass? or Fail?

How do you tell the difference between a healthy cow and a sick cow? Without running costly, time-consuming, objective tests? Maybe you just Fail all suspect cows. (As Bill described: the "2004 incomplete downer ban ") No case-by-case, subjective "clarifications" needed.

I think subjective calls are fraught with risk. If you want to conduct a case-by-case inspection, though, no problem. But (in my opinion), you shouldn't be allowed to do it by sight; you must do it by lab. I can't imagine that happening.