Both domestic and international media assailed the British government for its failure to take simple protective measures to ensure the health of its citizens. Although this ban represents a commendable step in the direction of preventing the transmission of TSEs, further measures are required to insure compliance with FDA prohibitions on introducing diseased animals into the food supply. Moreover, it still may not foreclose all the avenues of TSE transmission. For this reason, Petitioners believe that the relief requested in the instant petition is necessary. The requested relief of labelling all downed cattle as adulterated or condemned would impose no undue economic hardship on any party.
Downed cattle represent an extremely small percentage of all livestock slaughtered.
By contrast, even if there were some economic hardship related to the requested relief, this consideration is far outweighed by the potential threat to human health should the requested relief not be granted. The existing statutory and regulatory framework requires that downed cows immediately be eliminated from the nation s food supply. The receipt in interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. The manufacture within any Territory or any food, drug, device, or cosmetic that is adulterated or misbranded. Although such adulterated food is specifically forbidden from entering into interstate commerce, there is no present rule absolutely prohibiting the slaughter of downed cattle for human food.