According to a proposed rule published in the Federal Register on January 21, 2003, the USDA stated, "Thus, if BSE were present in the United States, downer cattle infected with BSE could potentially be offered for slaughter and, if the clinical disease were not detected, pass ante mortem inspection. These cattle could then be slaughtered for human or animal food."

Downed animals are afflicted with a myriad of ailments besides mad cow disease. USDA records obtained through the Freedom of Information Act show that USDA explicitly approved the consumption of meat from downed animals afflicted with hepatitis, gangrene, pneumonia, malignant lymphoma, and other ailments. Downer animals are also more likely to harbor bacterial contamination than walking animals.

Farm Sanctuary petitioned the Food and Drug Administration (FDA) and the USDA to ban downed animal slaughter in 1998. While the FDA has not yet formally responded, the USDA formally denied the petition in 1999 in a letter stating, "The FMIA (Federal Meat Inspection Act), FSIS regulations, and past practices clearly provide for the slaughter and processing of diseased animals for human food." Farm Sanctuary responded by filing a lawsuit against the USDA. The lawsuit was originally dismissed, but was reinstated by a federal appellate court on December 16, 2003.

Farm Sanctuary has renewed its call for a ban on downed animal slaughter. Today, the organization sent a letter to FDA, urging that the downed animal petition (docket number 98P-0151/CP1) be granted, and it remains involved in litigation against the USDA.

"Rather than protecting consumers by preventing high-risk animals from entering the food supply, the USDA encourages the slaughter of sick animals for human food. Most downed animals brought to USDA facilities are slaughtered for food, and they are not tested for mad cow disease. We are calling upon the FDA and the USDA to immediately ban the slaughter of downed animals and to serve the public's interest, rather than the interest of agribusiness," states Gene Bauston, Farm Sanctuary president.