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Federal court takes up ban on mad cow testing

Associated Press

- The Bush administration has urged a federal appeals court to stop meatpackers from testing all their animals for mad cow disease, but a skeptical judge questioned whether the government has that authority.

The government seeks to reverse a lower court ruling that allowed Creekstone Farms Premium Beef -- based in Arkansas City -- to conduct more comprehensive testing to satisfy demand from overseas customers in Japan and elsewhere.

Less than 1 percent of slaughtered cows are currently tested for the disease under Agriculture Department guidelines. The agency argues that more widespread testing does not guarantee food safety and could result in a false positive that scares consumers.

Larger meatpackers have opposed Creekstone's push to allow wider testing out of fear that consumer pressure would force them to begin testing all their animals, too. Increased testing would raise the price of meat by a few cents per pound.

Creekstone first filed suit in March 2006 after the government denied its right to conduct testing in the laboratory it built at its plant. A judge ruled in March 2007 that it -- and other meatpackers -- had the right to test all animals.

The ruling was supposed to take effect June 1, 2007, but the Agriculture Department's appeal has delayed the testing so far.

Creekstone said testing would lead to an increase in sales of premium beef to Asia and in how much Creekstone could get for its product.