The American Meat Institute has filed a lawsuit in the U.S. District Court in the District of Columbia demanding an end to the ban on the importation from Canada of cattle 30 months of age or older. In the complaint, the association charges that the ban on older cattle is "scientifically insupportable and is therefore arbitrary and capricious."

AMI is making a fine distinction. It is not opposing the new rule on importation of cattle announced Wednesday (See USDA reopens Canadian border to live cattle imports, Meatingplace.com, Dec. 29, 2004.); rather, it is challenging enforcement of the original May 2003 ban, which underlies the qualification in the newly published rule that only cattle under 30 months of age may be imported alive. Products from older cattle may be imported, however.

That is leading to financial stress on American processors, according to Mark Dopp, AMI senior vice president for regulatory affairs and general counsel. While he can't quantify the damage with a hard number, Dopp charged that slaughter plants are "going dark" all over the country and that the government's ban on older live cattle is forcing Canada to develop a slaughter industry that will compete with that of the United States.

"The May 2003 border closing has caused Canada to expand its slaughtering capacity by building new plants and adding shifts to existing plants," AMI said in a statement released to coincide with its press conference Thursday afternoon. "Meanwhile, many U.S. packers have been hit hard economically by short cattle supplies and high prices for lean beef and cows. And ultimately, the consumer has paid the price in the form of higher prices for beef and products made from beef."

AMI is asking the court to allow the importation of live cattle born after Canada instituted a ban on including ruminant parts in feed fed to its cattle in 1997.

Dopp said that the potential BSE case announced by the Canadian government Thursday would have no effect on either the rule or AMI's lawsuit.