RE-FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
Greetings,
With great disgust, I must report, that after years and years of wrangling over the infamous mad sheep of mad river valley, I have failed in getting an official answer via FOIA on the outcome of the TSE testing of those imported Belgium sheep. The USA Government refuses to tell the public, exactly what the testing outcome was, and in doing so, shows just how corrupt this administration has been. and the excuse given in their answer to my final appeal, which they have now officially denied, was bizarre to say the least ;
"I am denying your FOIA appeal. This is the final agency decision. You may seek judicial review of this decision in the United States district court for the judicial district in which you reside or have your principal place of business or in the District of Columbia, pursuant to 5 U.S.C. & 552(a)(4)(B)."
FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
http://foiamadsheepmadrivervalley.blogspot.com/
WITH great sadness and disgust, the USDA OIG has finally shot me down for good, and have refused my FOIA request officially. I got the letter around Jan. 1, 2008 and have just not been able to admit defeat until now. The Faillace's claim their sheep were TSE free, and they very well may have been, I dont know, and we now find out we will never know. does not matter I suppose, the TSE they were worried about in those imported Belgium sheep was documented in 2007 in the USA in 5 different states i.e. the NOR-98. UNLESS, those sheep from Belgium imported to the USA had BSE, and that may be why they did not give the test results via the FOIA?
PLEASE NOTE, none of this answered my question and or FOIA request of what type TSE was finally diagnosed in those Vermont sheep, and or did they ever do mouse bio-assays, and if not, why not. none of these questions were ever answered, and probably never will be. also, the seven pages in question in hotline files. it was four pages of my old letter to them about BSE testing on top of the Sheep testing, two page letter from Ms MacNeil and one page of exemptions, and one page fax copy of my complaint sum on 'BSE Testing'. the one page of exemptions of the agencies reasons for not answering my question about those sheep and the mouse bio-assays, and the reason they law claim is because of individual privacy, adversely affect the individual, and or revealing their identify. which is nothing I was asking for. I was asking for the final results of the mouse-bioassays of the TSE in the Vermont sheep imported into the USA from Belgium. why is it they refuse to tell the public, what type Transmissible Spongiform Encephalopathy those sheep had ???
copy of letter as follows ;
UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF INSPECTOR GENERAL WASHINGTON D.C. 20250
DEC 28, 2007
Mr. Terry S. Singeltary, Sr. P.O. Box 42 Bacliff, Texas 77518
Subject: FOIA Appeal-Log No. 08-00034 (No. 07-00060)
Dear Mr. Singeltary:
This is in response to your December 3, 2007, Freedom of Information Act (FOIA), 5 U.S.C. & 552, appeal of the November 20, 2007, decision of Ms. Deirdre MacNeil, FOIA/Privacy Act (PA) Attorney, Office of Inspector General (OIG), Department of Agriculture (USDA). As explained below, your FOIA appeal is denied.
As background, on March 1, 2007, you requested the "final results of the TSE Mouse-bioassays of those Atypical TSE in the Vermont Sheep." FOIA requires the release of agency records except where one or more of the nine enumerated exceptions apply. On November 20, 2007, Ms. MacNeil responded to your request by sending you seven pages from Hotline files PS-3340-0024, which was responsive to your request. Ms. MacNeil withheld identifying information pursuant to Exceptions 6 and 7(C) of the FOIA. See 5. U.S.C.& 552(b)(6) and (7)(C). On December 3, 2007, you appealed Ms. MacNeils decision.
12-3-07
To The Honorable Inspector General USDA,
I respectfully "APPEAL" the decision to withhold information I requested under the F.O.I.A. About the final results of the T.S.E. Mouse-bioassays of the Atypical T.S.E. in the Vermont Sheep imported from Belgium and later confiscated and slaughtered under a "Extra Ordinary Declaration of Emergency due to Atypical T.S.E. in U.S.A. sheep.
Log Number 07-00060 FOIA 07-566
Terry S. Singeltary Sr. P.O. Box 42 Bacliff, Texas USA 77518
Exemption 6 permits the Government to withhold information about individuals in "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. & 552 (b)(6). To warrant protection under Exemption 6, information must first meet a threshold requirement by falling within the category of personnel and medical files and similar files. Id. Information fits into a "similar file" if it contains information regarding a particular individual. See United States Dept of State V. Washington Post Co., 456, 601-02 (1982). The threshold is met in this case, as the memorandum contains information regarding particular named individuals.
Exemption 7(C) protects from disclosure law enforcement information, the disclosure of which "could reasonably be expected to constitute and unwarranted invasion of personal privacy." 5 U.S.C. & 552(b)(7)(C. Under Exemption 7(C), it has been held that a protectible privacy interest exists in the identities of investigative agents. See Senate of
Mr. Terry S. Singeltary, Sr. Page 2
Puerto Rico v. United States Dep't of Justice, 823 F.2d 574, 588-89 (D.C. Cir. 1987); Nishnic v. United States Dep't of Justice, 671 F. Supp. 776, 789 (D.D.C. 1987). Such a privacy interest exists in this case, as the withheld information contains the identities, including names and identifying information, of investigative agents in the memorandum.
Once it is determined that a privacy interest exists, Exemptions 6 and 7(C), of FOIA require a balancing of interests between the public interest served by disclosure and an individual's right to privacy. See, e.g., Senate of Puerto Rico, 823 F.2d at 587; Dep't of the Air Force v. Rose, 425 U.S. 352, 372 (1976). Determination of whether disclosure is warranted turns not upon the particular purpose for which the document is requested, but upon the nature of the requested document and its relationship to the central purpose of FOIA, which is to "open agency action to the light of public scrutiny." United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 772-73 (1989) (quoting Rose, 425 U.S. at 372). I have determined that the release of the withheld information, of investigative agents in the memorandum, would not serve the public interest. Therefore, I am denying your appeal with respect to the withholdings pursuant to Exemptions 6 and 7(C).
In addition to appealing the exemptions pursuant to 6 and 7(C), you appear to take issue with USDA's Animal $ Plant Health Inspection Service's (APHIS) response to your FOIA requests with APHIS. You may contact APHIS regarding the status of any such requests by contacting Mr. Garfield Daley, Acting FOIA Officer, at (301)734-5273, 4700 River Road, Unit 50, Riverdale, MD, 20737-1232
Finally, in your appeal, you seek answers to a series of questions posed to various USDA officials, including the Inspector General, However, FOIA allows requesters to access records only. It does not require Federal agencies to answer questions, render opinions, provide subjective evaluations, or create explanatory materials, See, e.g., NLRB v. Sears, Roebuck & Co. 421 U.S. 132, 162 (1975); Zemansky v. Epa, 767 f2d 569, 574 (9th Cir. 1985); Flowers v. IRS, 307 F. Supp. 2d 60, 71 (D.D.C. 2004); Citizens Progressive Alliance v. U.S. Bureau of Indian Affairs, 241 F. Supp. 2d 1342, 1364-65 (D.N.M. 2002); Hudgins v. IRS, 620 F. Supp. 19, 21 (D.D.C. 1985). As FOIA requires an agency only to produce responsive non-exempt records to a requester, OIG is not obligated to answer questions regarding the TSE occurrence as you requested. Therefore, I am denying your appeal with respect to your questions.
Mr. Terry S. Singeltary, Sr. Page 3
For these reasons, I am denying your FOIA appeal. This is the final agency decision. You may seek judicial review of this decision in the United States district court for the judicial district in which you reside or have your principal place of business or in the District of Columbia, pursuant to 5 U.S.C. & 552(a)(4)(B).
Sincerely,
David R. Gray
FOR
Phyllis K. Fong
Inspector General
=======END...TSS...4.24.08=======
----- Original Message -----
From: Terry S. Singeltary Sr.
To: Boyd.Rutherford@usda.gov
Sent: Sunday, February 25, 2007 12:35 PM
Subject: FOIA REQUEST FOR ATYPICAL TSE INFORMATION ON VERMONT SHEEP
Greetings USDA,
I respectfully request the final results of the mouse bio-assays test that were to have supposedly began 2+ years late, 5 years ago, on the imported sheep from Belgium ?
WHAT happened to the test results and MOUSE BIO-ASSAYS of those imported sheep from Belgium that were confiscated and slaughtered from the Faillace's, what sort of TSE did these animals have ?
WERE they atypical scrapie, BSE, and or typical scrapie ?
HOW much longer will you refuse to give us this information ? and for what reason ?
WHY is it that the Farm of the Mad Sheep of Mad River Valley were quarantined for 5 years, but none of these farms from Texas and Alabama with Atypical TSE in the Bovine, they have not been quarantined for 5 years,why not, with the real risk of BSE to sheep, whom is to say this was not BSE ?
snip...
full text ;
http://www.fsis.usda.gov/OPPDE/Comments/2006-0011/2006-0011-1.pdf
https://web01.aphis.usda.gov/regpublic.nsf/168556f5aa7a82ba85256ed00044eb1f/eff9eff1f7c5cf2b87256ecf000df08d?OpenDocument
FURTHERMORE, I respectfully request up front, that any fees for this FOIA be wavered due to the fact this information should be free to the public and is in the best interest for the public to have these final results, no financial gain from this FOIA information is to be made either. ...
Thank You,
kind regards,
Terry S. Singeltary Sr.
P.O. Box 42
Bacliff, Texas USA 77518
Imported
Belgium/Netherlands
Sheep Test Results
Background
Factsheet
Veterinary Services April 2002
APHIS
snip...
Additional tests will be conducted to determine exactly what TSE the animals have BSE or scrapie. These tests involve the use of bioassays that consist of injecting mice with tissue from the infected animals
Page 15 of 98
8/3/2006
and waiting for them to develop disease. This testing may take at least 2 to 3 years to complete.
http://www.aphis.usda.gov/lpa/pubs/fsheet_faq_notice/fs_ahvtsheeptr.pdf
DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E.
(PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20jy00-31
DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E
(PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [2]
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20jy00-32
--- Original Message ---
Subject: Sheep
Date:Sat, 12 Jun 2004 14:26:04 EDT
From: LAVET22@aol.com
To: flounder@wt.net
Mr. Singeltary.
I hope this finds you well. As you are aware I left the USDA last year. I can only update you on the sheep before that time. Contact was established with the UK on doing the bioassay studies. They agreed. However, we were prioritized after their own needs, hence the delay. I am aware that there are now additional labs in Europe running the mouse bioassay strain typing. You will have to contact USDA for further word.
Linda Detwiler
=========
My reply to Dr. Detwiler;
--- Original Message ---
Subject: Re: Sheep
Date: Sat, 12 Jun 2004 13:53:57 -0500
From: "Terry S. Singeltary Sr."
To: LAVET22@aol.com
References:
hello Dr. Detwiler,
thanks for your kind reply.
However, we were prioritized after their own needs, hence the delay.
not sure i understand that?
You will have to contact USDA for further word.
already done that, and there answer was;
--- Original Message ---
Subject: Re: hello Dr. Sutton.question please.scrapie.TSS
Date: Thu, 20 May 2004 14:36:09 -0400
From: Jim.D.Rogers@aphis.usda.gov
To: flounder@wt.net
Dear Mr. Singeltary,
The Western blot tests on these animals were completed in April of this year. That means that we can begin the mouse inoculations. To get the results of the Western blot tests, you will need to submit a Freedom of Information Act request through our FOIA office. The FAX number there is 301-734-5941.
Have a nice day,
Jim Rogers
APHIS LPA
--- Original Message ---
Subject: re-85th Meeting of SEAC - 30.11.04
Date: Tue, 21 Dec 2004 16:56:55 -0000
From: "Barlow, Tom (SEAC)"
To: "'flounder@wt.net'"
Dear Mr Singeltary
Thank you for you enquiry to the SEAC secretariat about mouse bioassays commissioned by the USDA to investigate TSE cases in imported sheep. After making a number of enquiries, it appears that Defra were notinvolved with this work. However, it is possible that a UK research laboratory was contacted by the USDA about such tests but I have been unable to find out any further information. You may wish to make further enquiries with the USDA.
Yours sincerely
Tom Barlow
Dr Tom Barlow
Spongiform Encephalopathy Advisory Committee (SEAC) Secretariat
Area 108, 1A Page Street, London SW1P 4PQ
Tel: 0207 904 6267
===================
https://web01.aphis.usda.gov/regpublic.nsf/168556f5aa7a82ba85256ed00044eb1f/eff9eff1f7c5cf2b87256ecf000df08d?
http://www.fsis.usda.gov/OPPDE/Comments/2006-0011/2006-0011-1.pdf
Terry S. Singeltary Sr.
P.O. Box 42
Bacliff, Texas USA 77518
PLEASE NOTE !
I know Linda and Larry Faillace's {kinda}, we have corresponded over the years, and I even was asked by their Editor-in-Chief John Barstow, of Chelsea Green Publishing Company, to read the transcript of the Faillace's book before it was published, see how if I liked it, a proof read of sorts, they sent me the transcript i.e. MAD SHEEP, THE TRUE STORY BEHIND THE USDA'S WAR ON A FAMILY FARM by Linda Faillace.
http://www.chelseagreen.com/2006/items/madsheep/Reviews
BOOK RELEASE PARTY - Linda Faillace's MAD SHEEP
got to read this months ago, and it is deeply disturbing how the feds handled this from the very beginning, and to this day we do not know the results of the mouse bio-assays, and what those sheep actually had. i don't necessarily agree with the TSE science in this book, but the book is a must read if your interested at all in human and animal TSEs. ...
TSS Submitted by flounder on Thu, 09/07/2006 - 9:43pm.
http://www.vtcommons.org/blog/2006/08/28/book-release-party-linda-faillaces-mad-sheep
OH, and the identifying information of investigative agents, i.e. Dr. Linda Detwiler, well, I {kinda} know her too, we have corresponded over the years as well. so this excuse to not give up the information of the FOIA on those mad sheep of mad river valley, and what the final mouse bio-assays showed, if any, atypical Scrapie, typical scrapie, or BSE, was bogus. It was one more of a long line of lies, deceit, and corruption by this Administration. I remember before this administration took office, i remember requesting for information i.e. hundreds and hundreds of pages of documents of the USA BSE surveillance plan, USDA emergency BSE response plan, the red book, yellow book, green book, and Dr. Detwiler sent to me with no problem. well, i might have complained a time or two about the slowness of response, and maybe sometimes when the information was not what i wanted, due to how i ask the question. but i would eventually get the data. I just looked at the date, and it was 1999. IT was 3 inches of paperwork in that one mailing. SO why is it, after some 5 years of asking and requesting, why i cannot get one question answered ;
FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
http://foiamadsheepmadrivervalley.blogspot.com/
WHAT STRAIN OF TSE DID THESE SHEEP HAVE, atypical NOR-98-like, typical scrapies, or BSE ???
Terry S. Singeltary Sr. P.O. Box 42 Bacliff, Texas USA 77518
NOR-98 ATYPICAL SCRAPIE USA UPDATE AS AT OCT 2007
http://nor-98.blogspot.com/
Sunday, March 16, 2008
MAD COW DISEASE terminology UK c-BSE (typical), atypical BSE H or L, and or Italian L-BASE
http://bse-atypical.blogspot.com/2008/03/mad-cow-disease-terminology-uk-c-bse.html
DOWNER COW SCHOOL LUNCH PROGRAM
http://downercattle.blogspot.com/
Wednesday, April 23, 2008
FDA Strengthens Safeguards for Consumers of Beef Issues Regulation on Animal Feeds with Added Safeguards Against BSE
http://madcowfeed.blogspot.com/
Sunday, April 20, 2008
Progress Report from the National Prion Disease Pathology Surveillance Center April 3, 2008
http://prionunitusaupdate2008.blogspot.com/
TSS...END...APRIL 24, 2008
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