12:21 PM PST on Saturday, January 17, 2004

Associated Press

WASHINGTON -- A consumer advocacy group has filed a claim against the Washington State Beef Commission, saying it should have kept the meat of a mad-cow infected Holstein from entering the food supply by taking action against slaughterhouses that process "downer" cows.

The claim, filed by Citizens for Leaders with Ethics and Accountability Now! in the state Attorney General's Office on Friday, alleges the commission knew that slaughterhouses processed "downer" cows, which are considered most at risk for developing mad cow disease, yet failed to take action either to end the practice or ensure proper testing.

Cows eat at the dairy farm Sunny Dene Ranch in Mabton, Wash. (AP Photo)

"Our concern was driven by the question, 'Where were the government gatekeepers?'" said Shawn Newman, an Olympia attorney and president of the Tacoma-based nonprofit.

"What happened to the government officials that are in charge of protecting the public by insuring the quality of our food?" Newman said.

Officials with the state Attorney General's Office and Patti Brumbach, executive director of the Beef Commission, declined to comment.

The state has 60 days to respond to the claim. After that the group can file a lawsuit.

Late last month, the U.S. Department of Agriculture announced that a cow at a Mabton dairy farm, slaughtered Dec. 9, had tested positive for mad cow disease, formally called bovine spongiform encephalopathy.

More than 30 countries banned the import of U.S. beef products in the weeks following the announcement.

The infected cow, which became ill after delivering a calf, couldn't walk and was slaughtered at Vern's Moses Lake Meat Co. Its carcass and those from 19 others slaughtered the same day were sent to Midway Meats, a Chehalis beef processor, for deboning.

Newman said he and another attorney last March petitioned the state attorney general and Lewis County prosecutor to take action against Midway Meats after news reports that the company was processing "downer" cows and violating state laws requiring the humane treatment of animals.

No action was taken on the petition.

After the Mabton cow was deboned at Midway last month, the processed meat was then sent to two distributors in Oregon that shipped it to groceries in seven states.

"From the evidence that we've secured, it is clear (state officials) were aware of the problem, and rather than address the problem, they chose to defer to the industry at the cost of their public mandate," Newman said.

The main goal of the complaint, Newman said, is to motivate the commission to address the problem and meet its obligation to the public.

Newman argued that the fact that the "downer" cow's tested positive for mad cow and that it was processed and shipped for public consumption is proof that the beef commission gave in to industry pressure instead of acting in the public interest.

"You have to ask yourself, why do we have a state agency that is supposed to ensure the quality of beef when it is really just speaking for the industry," Newman said.

CLEAN's claim says damages are unknown at this point.

"My hope is that this (legal action) will get to the truth: that the government agency responsible for ensuring the safety of the public with regard to safe beef was negligent," Newman said. "They harmed the public and the industry."