USDA Asks Court for Extension in Creekstone Case

Creekstone challenging to test all cattle for BSE.

Published on: Aug 25, 2006

Thursday the United States Department of Agriculture asked the U.S. District Court for the District of Columbia for a four-week extension of the previously agreed-to deadline for responding to Creekstone's Motion for Summary Judgment.

If the government's request for an extension of time, which Creekstone did not oppose, is granted, USDA's response would have to be filed on or before September 22, and briefing on the Summary Judgment Motion would be completed on November 6, 2006.

On Friday, July 14th, Creekstone Farms asked the court to strike down regulations issued by the U.S. Department of Agriculture that prohibit private companies from testing slaughtered cattle for bovine spongiform encephalopathy.

In its filing Creekstone Farms states that the USDA was claiming authority it does not have under the law. USDA is asserting its authority to regulate BSE testing under the Virus Serum Toxins Act, a 1913 statute that was passed to help USDA stop con artists from selling bogus hog cholera serum to pig farmers.