'Downer' Cattle Spark Federal Lawsuit

LOS ANGELES — The Humane Society sued the federal government Wednesday over what it said is a legal loophole that allows sick or crippled cattle, called "downers," into the food supply.

A U.S. Department of Agriculture rule change made in July allows some downer cows into the food supply, the Humane Society of the United States alleges in its lawsuit filed in U.S. District Court in Washington, D.C.

In 2004, the USDA tightened regulations to prohibit the slaughter of all "downer" cows — animals that cannot stand — after a case of mad cow disease was discovered in Washington state. The lawsuit alleges that under last year's change, cows that fell down after an initial veterinarian inspection but appeared otherwise healthy were allowed to be slaughtered.

The lawsuit asks the USDA to close the loophole to protect consumers and ensure the humane treatment of animals.

The lawsuit, citing USDA documents, says that even cows whose inability to walk stems from broken limbs are about 50 times more likely to have mad cow disease. The illness weakens their muscles, making them prone to falls.

Amanda Eamich, a spokeswoman for the USDA's Food Safety and Inspection Service, said she had not seen the lawsuit and could not immediately comment.

The American Meat Institute, an industry group, said in a statement that the Humane Society's concerns were "alarmist and unfounded."

Read the full Associated Press story here.