Slaughter of Sheep That May Have Mad Cow Disease Delayed

A federal judge on Friday granted a week’s reprieve to 355 sheep that may carry a version of the always-fatal mad cow disease.

Lawyers for the owners of two flocks of sheep asked Judge J. Garvan Murtha to halt the Department of Agriculture’s plan to destroy the sheep on the suspicion that they might spread the disease in the United States.

The USDA seized a flock of 21 sheep from a third farmer Friday. The owner voluntarily sold the sheep, which will be destroyed.

Murtha decided to hear testimony next week on a test that the government says shows four sheep from the flocks had a brain abnormality that might be bovine spongiform encephalopathy, the scientific name for mad cow disease.

“It appears to me the plaintiffs are looking . . . to demonstrate that the government is overreacting,” Murtha said.

The U.S. attorney’s office argued that Murtha should allow the Agriculture Department to do its job of protecting the public’s health.

“This is an emergency. As a policy matter this should not be subject to review in court,” said assistant U.S. Atty. Melissa Ranaldo.

At the hearing tentatively set Thursday or Friday, lawyers for farmers Houghton Freeman of Stowe and Larry and Linda Faillace of East Warren will each be able to call an expert scientific witness.

Freeman and the Faillaces have flocks of East Friesian sheep from Belgium that they built from stock imported in 1996. The USDA contends the sheep may have contracted mad cow disease from feed before they were imported.