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From: TSS ()
Subject: Re: FOIA APPEAL 07-566 DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. OF FOREIGN ORIGIN IN THE USA [Docket No. 00-072-1]
Date: November 18, 2007 at 12:48 pm PST

November 13, 2007


Greetings Garfield O. Daley, Acting FOIA Director, and USDA et al,


I recieved the following from my FOIA appeal # 07-566 today ;


USDA

Nov. 7, 2007


Terry S. Singeltary, Sr.
Post Office Box 42
Bacliff, Texas 77518


Dear Mr. Singeltary:


This is in response to your Freedom of Information Act (FOIA) appeal under
FOIA number 07-566 that you filed on July 11, 2007, for records relating to
bio-assays of sheep imported from Belgium (copy enclosed).


Our records indicate that further processing may be necessary. Frequently,
we find that requesters' needs for records change. Please let us know if you
wish to continue with the FOIA appeal that was filed with the Animal and
Plant Health Inspection Service (APHIS) on July 11, 2007. I regret that we
have been unable to reply sooner and appreciate your patience and
understanding.


Please indicate below if you wish to withdraw your appeal or to continue by
checking one of the blocks.


Withdraw appeal


XXX Continue appeal


Please return with a box checked to the address below no later than 15 days
from the date of this correspondence:


Gardield O. Daley
APHIS Acting FOIA Director
4700 River Road, Unit 50
Riverdale, MD 20737-1232


Or you may email me your response no later than 15 days from the date of
this correspondence at: Garfield.O.Daley@aphis.usda.gov or by fax at:
301-734-5941


If we do not receive a response from you pertaining to the continuance of
this appeal our office will close the file on November 30, 2007.


Sincerely,

xxxxxxxxxxxxxxxx

Garfield O. Daley
Acting FOIA Director
Freedom of Information & Privacy Act Staff
Legislative and Public Affairs

Enclosure


END
=====


Greetings Garfield Daley, Acting FOIA Director,


PLEASE CONTINUE MY APPEAL!


WHY, may I ask after 3+ years from my original FOIA request on this (I
understand you have no say in this, and this is not your fault), and after
5+ years from telling the public the testing would be run, after waiting
patiently all this time, why would I now want to stop the process without my
FOIA being answered?


This is beyond outrageous. This is disgusting, but typical of this
administration, and pray tell, what other choice do I have but to wait
further and be as patient and diplomatic as possible. But this is becoming
more and more difficult. I simply cannot understand what the hold up is on a
simple question. I know you have the answer at hand. In fact, I think I know
the answer, but I would like it confirmed by the USDA. It's a very simple
question and answer. I will review below ;


Question


The infamous mad sheep of mad river valley, the sheep that were imported
from Belgium, the sheep that were confiscated and taken in a tactical,
covert, clandestine, draconian, manor, the sheep that were supposed to have
been infected with an atypical TSE (possibly the NOR-98 atypical type, like
the ones we now have documented in 5 different states in the USA i.e.
ATYPICAL NOR-98 SCRAPIE, LOCATION UPDATE ON 5 DOCUMENTED CASES THIS YEAR ;
The flocks of origin are WY, CO, CA, IN, and MN., personal communication
USDA et al. ...TSS), the sheep that there was a ''Declaration of
Extraordinary Emergency Because of an Atypical T.S.E. of Foreign Origin in
the United States'' declared in the Federal register, the sheep that were
slaughtered and to have had testing done, including the mouse bio-assays to
confirm this Atypical TSE of Foreign Origin in the US. These studies were
put off once after announcing they would be run, then we were assured they
would be run, and in fact, they were in progress, and in two years we would
have the answer. times up, it's been up for years, now, was it an atypical
TSE or not? yes or no? IF so, what strain, what was the pathology? but i
would be happy with just a simple yes or no, for now, i'm growing old and
tired. We are tired of waiting, it's been 7 years from the time of the
declaration, and it was suppose to take 2 years for mouse bio-assays, or
will this be just more BSe this Administration passes on to the next, or
will we get answers before then? i'm loosing, in fact, i have lost hope. I
apologize if this is not a diplomatic letter, but diplomacy does not seem to
work here. ...


Sincerely disgusted,

Terry S. Singeltary Sr.
P.O. Box 42
Bacliff, Texas USA 77518

FOIA APPEAL
Reference FOIA 07-566

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]


Mouse Bio-Assays

July 11, 2007


TO:

Administrator
Animal and Plant Health Inspection Service
Ag Box 3401
Washington, DC 20250-3401

C.C.

USDA OIG FOIA
Honorable Phyllis Fong
1400 Independence Ave., SW, Mail Stop 2308
Washington, D.C. 20250

C.C.

Honorable Chairman Henry Waxman
Committee on Oversight and Government Reform
U.S. House of Representatives
2157 Rayburn House Office Building
Washington, D.C. 20515

Reference FOIA 07-566


To Whom it may concern,

I respectfully wish to appeal the following answer I got from FOIA 07-566
request, see letter that i am appealing and reasons to follow ;

================================

USDA

JULY 3, 2007

Terry S. Singeltary Sr.
P.O. Box 42
Bacliff, Texas USA 77518

Dear Mr. Singeltary:


This is in response to your March 15, 2007, Freedom of Information Act
(FOIA) request for records related to bio-assays of sheep imported from
Belgium. Your request was received in this office on March 27, 2007, and
assigned case number FOIA 07-566. We apologize for the delay of this
response.

For your information, the FOIA is designed to allow the public access to
agency records, not to answer questions. After consulting with agency staff,
we were informed up to two years is required for a final result on the
bio-assay. Therefore, we did not locate any records responsive to your
request. You may appeal our no records determination. If you choose to
appeal, your appeal must be in writing and must be sent within 45 days of
the date of this letter to:

snip...

To assist the Administrator in reviewing your appeal, provide specific
reasons why you believe modification of the determination is warranted.

If you have any questions, please contact..............


Sincerely


Cheri A. Oswalt
Acting Director
Freedom of Information $ Privacy Act Staff
Legislative and Public Affairs

=========================


SPECIFIC REASONS


> For your information, the FOIA is designed to allow the public access to

> agency records, not to answer questions.


IF the pubic is consistantly told that the agency has done said mouse
bio-assay or any other request,
but yet the agency in question, consistantly lies about said mouse
bio-assay, or any other request,
are you saying we cannot question these actions via FIOA, this is the public
last resort ???


> After consulting with agency staff, we were informed up to two years is

> required for a final result on the bio-assay.

> Therefore, we did not locate any records responsive to your request.

OVER 3 years ago, on May 20, 2004, I was told ;


> --- 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


=========================================================


OVER 5 YEARS AGO WE WERE ALL TOLD THIS ;


>> 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
>> 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


=====================================================


What are the results of those mouse bio-assays ???

Have they even started ???

IF not, when will they begin ???

IF so, when did they begin this time ???

IF these mouse bio-assays have not yet started, and have been put off for 5
years, this
being the 3rd time, now going beyond 7 years when finished, will the agency
please explain
this delay on such an important animal and human health matter ???


Thank You,
kind regards,

Terry S. Singeltary Sr.
P.O. Box 42
Bacliff, Texas USA 77518


SOURCES for concern ;


Recently the question has again been brought up as to whether
scrapie is transmissible to man. This has followed reports that the
disease has been transmitted to primates. One particularly lurid
speculation (Gajdusek 1977) conjectures that the agents of scrapie,
kuru, Creutzfeldt-Jakob disease and transmissible encephalopathy of
mink are varieties of a single "virus". The U.S. Department of
Agriculture concluded that it could "no longer justify or permit
scrapie-blood line and scrapie-exposed sheep and goats to be processed
for human or animal food at slaughter or rendering plants" (ARC 84/77)"
The problem is emphasised by the finding that some strains of scrapie
produce lesions identical to the once which characterise the human
dementias"

Whether true or not. the hypothesis that these agents might be
transmissible to man raises two considerations. First, the safety
of laboratory personnel requires prompt attention. Second, action
such as the "scorched meat" policy of USDA makes the solution of the
acrapie problem urgent if the sheep industry is not to suffer
grievously.

snip...

76/10.12/4.6

http://www.bseinquiry.gov.uk/files/yb/1976/10/12004001.pdf


J Infect Dis 1980 Aug;142(2):205-8

Oral transmission of kuru, Creutzfeldt-Jakob disease, and scrapie to
nonhuman primates.

Gibbs CJ Jr, Amyx HL, Bacote A, Masters CL, Gajdusek DC.

Kuru and Creutzfeldt-Jakob disease of humans and scrapie disease of sheep
and goats were transmitted to squirrel monkeys (Saimiri sciureus) that were
exposed to the infectious agents only by their nonforced consumption of
known infectious tissues. The asymptomatic incubation period in the one
monkey exposed to the virus of kuru was 36 months; that in the two monkeys
exposed to the virus of Creutzfeldt-Jakob disease was 23 and 27 months,
respectively; and that in the two monkeys exposed to the virus of scrapie
was 25 and 32 months, respectively. Careful physical examination of the
buccal cavities of all of the monkeys failed to reveal signs or oral
lesions. One additional monkey similarly exposed to kuru has remained
asymptomatic during the 39 months that it has been under observation.

PMID: 6997404
http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=6997404&dopt=Abstract


EVIDENCE OF SCRAPIE IN SHEEP AS A RESULT OF FOOD BORNE EXPOSURE

This is provided by the statistically significant increase in the incidence
of sheep scrape from 1985, as determined from analyses of the submissions
made to VI Centres, and from individual case and flock incident studies.
........

http://www.bseinquiry.gov.uk/files/yb/1994/02/07002001.pdf


AS implied in the Inset 25 we must not _ASSUME_ that
transmission of BSE to other species will invariably
present pathology typical of a scrapie-like disease.

snip...

http://www.bseinquiry.gov.uk/files/yb/1991/01/04004001.pdf

Published online before print October 20, 2005

Proc. Natl. Acad. Sci. USA, 10.1073/pnas.0502296102
Medical Sciences

A newly identified type of scrapie agent can naturally infect sheep with
resistant PrP genotypes

( sheep prion | transgenic mice )

Annick Le Dur *, Vincent Béringue *, Olivier Andréoletti , Fabienne Reine *,
Thanh Lan Laï *, Thierry Baron , Bjørn Bratberg ¶, Jean-Luc Vilotte ||,
Pierre Sarradin **, Sylvie L. Benestad ¶, and Hubert Laude *
*Virologie Immunologie Moléculaires and ||Génétique Biochimique et
Cytogénétique, Institut National de la Recherche Agronomique, 78350
Jouy-en-Josas, France; Unité Mixte de Recherche, Institut National de la
Recherche Agronomique-Ecole Nationale Vétérinaire de Toulouse, Interactions
Hôte Agent Pathogène, 31066 Toulouse, France; Agence Française de Sécurité
Sanitaire des Aliments, Unité Agents Transmissibles Non Conventionnels,
69364 Lyon, France; **Pathologie Infectieuse et Immunologie, Institut
National de la Recherche Agronomique, 37380 Nouzilly, France; and
¶Department of Pathology, National Veterinary Institute, 0033 Oslo, Norway


Edited by Stanley B. Prusiner, University of California, San Francisco, CA,
and approved September 12, 2005 (received for review March 21, 2005)

Scrapie in small ruminants belongs to transmissible spongiform
encephalopathies (TSEs), or prion diseases, a family of fatal
neurodegenerative disorders that affect humans and animals and can transmit
within and between species by ingestion or inoculation. Conversion of the
host-encoded prion protein (PrP), normal cellular PrP (PrPc), into a
misfolded form, abnormal PrP (PrPSc), plays a key role in TSE transmission
and pathogenesis. The intensified surveillance of scrapie in the European
Union, together with the improvement of PrPSc detection techniques, has led
to the discovery of a growing number of so-called atypical scrapie cases.
These include clinical Nor98 cases first identified in Norwegian sheep on
the basis of unusual pathological and PrPSc molecular features and "cases"
that produced discordant responses in the rapid tests currently applied to
the large-scale random screening of slaughtered or fallen animals.
Worryingly, a substantial proportion of such cases involved sheep with PrP
genotypes known until now to confer natural resistance to conventional
scrapie. Here we report that both Nor98 and discordant cases, including
three sheep homozygous for the resistant PrPARR allele (A136R154R171),
efficiently transmitted the disease to transgenic mice expressing ovine PrP,
and that they shared unique biological and biochemical features upon
propagation in mice. These observations support the view that a truly
infectious TSE agent, unrecognized until recently, infects sheep and goat
flocks and may have important implications in terms of scrapie control and
public health.


--------------------------------------------------------------------------


Author contributions: H.L. designed research; A.L.D., V.B., O.A., F.R.,
T.L.L., J.-L.V., and H.L. performed research; T.B., B.B., P.S., and S.L.B.
contributed new reagents/analytic tools; V.B., O.A., and H.L. analyzed data;
and H.L. wrote the paper.

A.L.D. and V.B. contributed equally to this work.

To whom correspondence should be addressed.

Hubert Laude, E-mail: laude@jouy.inra.fr

www.pnas.org/cgi/doi/10.1073/pnas.0502296102


http://www.pnas.org/cgi/content/abstract/0502296102v1


Dormont*, and Jean-Philippe Deslys* et al, that The agent responsible
for French iatrogenic growth hormone-linked CJD taken as a control is
very different from vCJD but is similar to that found in one case of
sporadic CJD and one sheep scrapie isolate;

http://www.pnas.org/cgi/content/full/041490898v1


SCRAPIE UPDATE USA AS OF MARCH 2007 NOR98 INCLUDED

http://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/monthly_scrapie_rpt.pps

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
>
> > or if those old urls dont work, go here;
> >
> > DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E
> > (PRION DISEASE) OF FOREIGN ORIGIN IN THE UNITED STATES
> > - Terry S.
> > Singeltary Sr. 7/20/00 (0)
> >
>
> > [Federal Register: July 20, 2000 (Volume 65, Number 140)] [Notices]
> > [Page 45018] >From the Federal Register Online via GPO Access
> > [wais.access.gpo.gov] [DOCID:fr20jy00-32]
> >
> > -----------------------------------------------------------------------

> >
> > DEPARTMENT OF AGRICULTURE
> >
> > Office of the Secretary
> >
> > [Docket No. 00-072-1]
> >
> > Declaration of Extraordinary Emergency Because of an Atypical
> > Transmissible Spongiform Encephalopathy (Prion Disease) of Foreign
Origin
> >
> > A transmissible spongiform encephalopathy (TSE) (prion disease) of
> > foreign origin has been detected in the United States. It is different
> > from TSE's previously diagnosed in the United States. The TSE was
> > detected in the progeny of imported sheep. The imported sheep and
> > their progeny are under quarantine in Vermont. Transmissible
> > spongiform encephalopathies are degenerative fatal diseases that can
> > affect livestock. TSE's are caused by similar, as yet uncharacterized,
> > agents that usually produce spongiform changes in the brain.
> > Post-mortem analysis has indicated positive results for an atypical
> > TSE of foreign origin in four sheep in Vermont. Because of the
> > potentially serious consequences of allowing the disease to spread to
> > other livestock in the United States, it is necessary to seize and
> > dispose of those flocks of sheep in Vermont that are affected with or
> > exposed to the disease, and their germ plasm. The existence of the
> > atypical TSE of foreign origin represents a threat to U.S. livestock.
> > It constitutes a real danger to the national economy and a potential
> > serious burden on interstate and foreign commerce. The Department has
> > reviewed the measures being taken by Vermont to quarantine and
> > regulate the flocks in question and has consulted with appropriate
> > officials in the State of Vermont. Based on such review and
> > consultation, the Department has determined that Vermont does not have
> > the funds to compensate flock owners for the seizure and disposal of
> > flocks affected with or exposed to the disease, and their germ plasm.
> > Without such funds, it will be unlikely to achieve expeditious
> > disposal of the flocks and germ plasm. Therefore, the Department has
> > determined that an extraordinary emergency exists because of the
> > existence of the atypical TSE in Vermont. This declaration of
> > extraordinary emergency authorizes the Secretary to seize, quarantine,
> > and dispose of, in such manner as he deems necessary, any animals that
> > he finds are affected with or exposed to the disease in question, and
> > their germ plasm, and otherwise to carry out the provisions and
> > purposes of the Act of July 2, 1962 (21 U.S.C. 134-134h). The State of
> > Vermont has been informed of these facts.
> >
> > Dated: This declaration of extraordinary emergency shall become
> > effective July 14, 2000. Dan Glickman, Secretary of Agriculture. [FR
> > Doc. 00-18367 Filed 7-19-00; 8:45 am] BILLING CODE 3410-34-P

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr20jy00-32

Tuesday, November 13, 2007
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/

Terry S. Singeltary Sr.
P.O. Box 42
Bacliff, Texas USA 77518





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