A SICK COW, too weak to stand, is pulled off a track by a tractor and chain, then falls four feet to the ground. A frail, day-old calf is dragged through the auction ring by a back leg, while another calf lies comatose in a corner. These scenes are not isolated incidents. All across the nation,

The U.S. Department of Agriculture approves, even encourages, meat from diseased animals to be used for human food. In doing so, the USDA violates its legal obligations to protect consumers from hazardous meat products and prevent the inhumane treatment of animals. This irresponsible government policy is now being challenged in court by Farm Sanctuary, a national nonprofit animal protection organization, and Michael Baur, a lawyer. By suing the agency, we are asserting that the USDA is violating the law by approving this meat from diseased livestock for human food. Sheldon Eisenberg, an attorney who is representing the plaintiffs, states, "The law clearly prohibits diseased meat from being used in the food supply, and we intend to compel USDA to discontinue this irresponsible practice."

Many businesses and livestock industry groups have issued public statements condemning the use of diseased animals in the food supply, and they have attempted to address the problem through voluntary means. For example, some of the nation's largest fast-food chains--such as McDonald's, Burger King, and Wendy's--have voluntary policies banning the use of downed animals in their products, and even the USDA has an official policy banning downed animal meat from national food programs, including the National School Lunch Program. It is inconsistent and irresponsible that the USDA continues to approve meat from downed and diseased animals for human food for all other purposes.

On Oct. 4, 2001, the House of Representatives discussed an amendment to the Farm Bill to prohibit the sale of downed animals at livestock markets. Leading agricultural lawmakers, such as House Agriculture Committee Chairman Larry Combest (R.-Tex.), have voiced concerns over the human health risks and animal welfare problems associated with marketing downed livestock.

Nobody knows exactly what diseases afflict most of the thousands of downed animals slaughtered and approved for food under USDA inspection every year, but a brief review of USDA records obtained through the Freedom of Information Act is startling. Among the descriptions of downed animals approved for human food are those with yellow gelatinous edema, various infections (including mastiffs, enteritis, nephritis, peritonitis, and retriculitis), lesions, tumors, gangrene, hepatitis, pneumonia, and malignant lymphoma. Other diseases common in the U.S. livestock population afflicting downed animals include bovine immunodeficiency virus, bovine leukemia virus, and Johnes disease, a chronic diarrheal condition that has been linked to Crohn's disease in humans. Is this what American consumers want as their entrees?

Scientific evidence shows that downed cows have approximately two to three times more stress hormones in their systems than healthy cattle. Not only is it possible that these hormones may adversely affect human health, but their presence indicates that downed animals are severely stressed. It is well-known that stressed animals have a greater susceptibility to illness and infection.

Farm animals, like all animals, have feelings and deserve to be protected from cruelty. It is inexcusable that these creatures are treated as nothing more than unfeeling pieces of meat and forced to endure intense cruelty and neglect for the sake of a few extra dollars. The livestock industry is reluctant to put these hopelessly ill animals out of their misery because, as long as they are alive, downed animals can be taken to USDA slaughterhouses and sold for human food.

Incapacitated, nonambulatory animals are unable to get to food and water troughs, and they are typically left to suffer for hours or days without receiving their most basic needs. Downed animals are denied necessary veterinary treatment, because the industry does not want to spend time or financial resources on them. As a result, downed animals commonly lie where they fall, until it is convenient to take them to slaughter. Many die of neglect, while those that survive can be sold for human food at USDA slaughterhouses. It is impossible to move downed animals humanely, and they are commonly dragged with chains or pushed with tractors and forklifts. These shockingly cruel practices cause injuries ranging from bruises and abrasions to broken bones and torn ligaments.

Laws protecting farm animals from cruelty in the U.S. are grossly inadequate. They are excluded from the Federal Animal Welfare Act and from most state anticruelty laws. Downed animals, still alive and conscious, have been discarded on piles of dead animals, and those responsible have been able to avoid cruelty charges. As-a civilized country, we have an ethical obligation to prevent this intolerable behavior.

Downed animals are typically moved by the most-convenient, though least-humane, methods. They are handled harshly and dragged across the ground, and this brutality can cause the animals' skin to tear. When this happens, there are open wounds through which bacterial pathogens can enter the animals' bodies.

Fecal contamination is an ever-present concern with downed livestock. Lingering on the ground, their bodies are covered with urine, manure, and hazardous fecal bacteria. This is well-known among livestock producers. As Meat and Poultry Magazine explicitly stated, "Lame cattle usually have higher levels of bacteria on their carcasses. Lame animals spend more time lying down, which increases the likelihood they will be contaminated with fecal matter." When downed animals are brought into the slaughterhouse, they bring deadly pathogens like E. coli with them. Not only is the meat from downed animals at risk for contamination, so is other meat, since pathogens from downed animals can spread throughout the facility. It is not surprising, then, that slaughterhouses which kill large numbers of downed animals are among the most-likely suspects when tainted meat out-breaks occur.

Some USDA inspectors have attempted to remedy the problem, but their efforts have been thwarted. Former USDA veterinarian Lester Friedlander indicates that, "During my 10 years as a USDA inspector, I came to realize that USDA is more concerned with packing plant profits than with consumer health. It passes diseased animals for food without performing adequate testing for hazardous pathogens, nor does USDA adequately test animals who are at risk for mad cow disease and other central nervous system disorders."

The short-term economic concerns of the livestock industry have tended to take precedence over the well-being of animals or the health of consumers. Since time is money, slaughterhouse workers are forced to push animals through the killing process at breakneck speeds. Besides preventing humane handling and precluding appropriate health inspections, the accelerated pace leads to serious, sometimes fatal, injuries among slaughterhouse workers. A look inside the nation's intensive factory farms and slaughterhouses is enough to turn even the heartiest of America's "meat-and-potatoes" faithful into vegetarians.

Mad cow disease

Moreover, there is scientific evidence that some downed cows in the U.S. might be infected with a variant of mad cow disease, known as bovine spongiform encephalopathy or BSE. After conducting extensive research on the topic, Richard Marsh, former chair of the Department of Veterinary Science at the University of Wisconsin-Madison, published a study in which he concluded that some downed cows may harbor "an unrecognized BSE-like disease." Marsh believes that BSE in the U.S. manifests itself more in the form of downed cows, rather than the mad cows in Europe.

It is believed that approximately one in every 1,000,000 cattle is naturally afflicted with BSE. If this is the case, the disease would almost certainly be present in the U.S., where there are roughly 100,000,000 cattle. However, it is difficult to find BSE, partly because the disease has a long incubation period, and animals are usually slaughtered before the symptoms become evident. It also appears that the BSE strain which Marsh hypothesized exists in the U.S. is characterized by more-subtle lesions, which are harder to detect than those caused by the strain found throughout Europe. Finally, the test used to detect BSE in the U.S. is slower, more expensive, and more ambiguous than the one used in Europe.

While mad cow disease has not been officially recognized in the U.S., we cannot say that the nation is free of this frightening ailment, especially since we have done so little testing for it. Every week, European countries test 10 times as many cattle for BSE as the U.S. has tested in the past decade. Referring to the lack of surveillance for this deadly disease in America, Pierluigi Gambetti of the National Prion Disease Pathology Surveillance Center at Case Western Reserve University explains, "If you don't look, you won't find. Unless we test more, we will never know if we have it here. If they can do it in Europe, one would think we could do it here."

Responsible farmers, trackers, and slaughterhouses do not deal in downed animals, and they have expressed concerns about this irresponsible practice. Ted Friend of Texas A&M University conducted an opinion poll of livestock producers and found that most consider the transport of downed animals to be an unacceptable issue in their industry. Explaining his findings, Friend wrote, "Their support for banning downers comes from a belief that marketing downed livestock is wrong because of the pain suffered by the animal, possible drug residue problems, and also because of the very bad impact the marketing of downed animals has on the image of animal agriculture." The U.S. Animal Health Association has affirmed Friend's findings, stating, "Opinion within the industry, supported by economic, food-borne disease, animal welfare, and other research, is that nonambulatory livestock should not enter or endure market channels." Even the code of ethics of the National Cattleman's Beef Association prohibits the marketing of downed animals.

Yet, despite widespread public statements and voluntary industry policies admonishing the downed animal trade, many farmers, truckers, and slaughterhouses continue to deal in downed animals, causing intolerable animal cruelty and putting consumers at risk. Even livestock operators who are purported to have "no downer" policies have been found to market downed animals in violation of their stated policies. Obviously, the economic incentive to deal in downers is tempting, even to well-meaning livestock operators. The USDA is responsible for creating this economic incentive by approving downed and diseased animal meat for the human food supply.

Downed animals can be obtained for little or no cost, but their meat can be sold for top dollar after receiving the USDA's stamp of approval. The USDA's authorization of downed animal meat encourages opportunistic dealers to roam the countryside looking for fallen livestock and the chance for a quick profit. By allowing downed animals to be used for human food, the USDA creates a powerful financial incentive and encourages this unnecessary and inexcusable practice to continue. On the other hand, prohibiting the use of diseased animals in the food chain will create a disincentive for the downed animal trade.

When slaughterhouses stop accepting downed animals and eliminate the market for sick livestock, farmers are encouraged to improve their animal care practices in order to prevent downers in the first place. The vast majority of downed animals--90% according to some estimates--can be prevented with better care on the farm. Referring to a proposed ban on the slaughter of downed animals in California, Jim Reynolds, a dairy veterinarian, explained, "Good animal husbandry is good business in the dairy industry. Preventing downed cows and keeping them milking is clearly better from both humane and economic standpoints." When slaughterhouses voluntarily stopped accepting downed cows in his area, Reynolds described the dairy farmers' response: "I have been called to attend more of the downed cows to provide veterinary assistance and to humanely euthanize the hopeless cases.... The owners and I have become more involved in strategies to prevent downed cows. Reducing overcrowding, sanitation of the corrals and loafing areas, improving nutrition, and assistance at calving are some of the things my clients and I have begun addressing.... In short, not selling cows as downers has not hurt my clients, but has refocused attention in the right direction: prevention and rehabilitation."

In 1998, Farm Sanctuary and Michael Baur filed our petition, in an attempt to remedy this situation. We urged the USDA to prohibit downed and diseased animals from entering the human food supply. The USDA formally denied our petition in 1999, asserting in writing that the law "clearly provide[s] for the slaughter and processing of diseased animals for human food." Since receiving the official denial, we have corresponded with officials at the USDA, attempting to persuade the agency to rethink its denial of our petition. While officials at USDA have expressed verbal support for a "no downer" policy, it continues to allow downed animals to be slaughtered for human food. It now appears that our only means of ending this irresponsible practice is through a lawsuit.

In the wake of emerging livestock ailments such as mad cow disease and foot and mouth disease, we hoped that USDA would recognize the importance of protecting humans and animals from their spread. Ironically, the USDA's policy allowing downed animals into the food supply has the opposite effect. It stimulates the transport and marketing of diseased livestock and encourages the livestock industry to engage in irresponsible and inhumane practices. Downed animals should not be transported and marketed for human food. They should be humanely euthanized or provided with appropriate veterinary attention.

Treating downed livestock as inanimate commodities, and dragging them to slaughter, does more than cause intolerable suffering and threaten human health--it diminishes us as human beings. This kind of irresponsible cruelty and abuse cannot be tolerated in a civilized nation.

Gene Bauston is cofounder of Farm Sanctuary, a national nonprofit animal protection organization.