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From: TSS ()
Subject: RE-FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL T.S.E. OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]
Date: April 24, 2008 at 1:58 pm PST

----- Original Message -----

From: "Terry S. Singeltary Sr."

To: "Bovine Spongiform Encephalopathy"

Cc: ; ; ; ; "Creutzfeldt-Jakob Disease" ; ; ;

Sent: Thursday, April 24, 2008 3:00 PM

Subject: 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/


Thursday, April 24, 2008

RE-FOIA OF DECLARATION OF EXTRAORDINARY EMERGENCY BECAUSE OF AN ATYPICAL
T.S.E. OF FOREIGN ORIGIN IN THE UNITED STATES [Docket No. 00-072-1]

http://foiamadsheepmadrivervalley.blogspot.com/2008/04/re-foia-of-declaration-of-extraordinary.html

TSS...END...APRIL 24, 2008





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