A federal court in the District of Columbia has denied the American Meat Institute’s motion for a preliminary injunction in a challenge to the amended country-of-origin labeling (COOL) rules adopted by the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service in response to a World Trade Organization (WTO) determination that the original rules violated the WTO Agreement on Technical Barriers to Trade by according less favorable treatment to foreign livestock. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., decided September 11, 2013). The court was not persuaded that the plaintiffs, meat processing interests, were likely to succeed on the merits of their First Amendment and statutory challenges to the amended rule. Additional information about the challenge appears in Issue 495 of this Update. Assessing the First Amendment claims under a lenient reasonableness standard because the rule involved commercial speech that mandated purely factual and uncontroversial disclosures, the court determined that…
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According to a news source, the federal court that heard a challenge to the U.S. Department of Agriculture’s (USDA’s) revision to its country-of-origin labeling (COOL) rules to comply with a World Trade Organization ruling stated during the hearing that it would issue a decision on the plaintiffs’ request for a preliminary injunction within 14 days. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., oral argument held August 27, 2013). Additional information about a dispute that has split trade associations representing different parts of the meat production industry appears in issues 490 and 495 of this Update. The organizations seeking the injunction reportedly argued that “[t]his is a regulation the agency concedes is a de minimis benefit . . . for a de maximus cost.” They contend that the new rules violate their First Amendment rights and could put them out of business. A USDA attorney apparently argued that the new…
A federal court in the District of Columbia will consider on August 27, 2013, whether to issue a preliminary injunction to stop the U.S. Department of Agriculture (USDA) from implementing country-of-origin labeling (COOL) program changes required by a 2011 World Trade Organization (WTO) determination that, as initially drafted, the rules gave less favorable treatment to cattle and hogs imported from Canada and Mexico. Am. Meat Inst. v. USDA, No. 13-1033 (filed July 8, 2013). Information about the revised COOL rule appears in Issue 485 of this Update. A number of meat-processing interests, including the American Meat Institute, Canadian Cattlemen’s Association, Confederación Nacional de Organizaciones Ganaderas, National Cattlemen’s Beef Association, and National Pork Producers Council, challenged the new rule alleging that it violates First Amendment rights under the U.S. Constitution, exceeds USDA’s authority and violated the Administrative Procedure Act. In early August, the U.S. Cattlemen’s Association (USCA), National Farmers Union, American…
A coalition of U.K. dairy groups, including Dairy UK, the National Farmers Union and British Cheese Board, has published an August 1, 2013, letter in The Daily Telegraph, urging the European Commission (EC) to tighten regulations governing country-of-origin labeling (COOL). Stating that current regulations permit imported dairy products to be stamped with “UK marks,” the coalition has requested that only dairy products made in “this country, from milk produced by Britain’s dairy farmers should be labeled as British.” “Unlike other food products . . . country of origin labeling is not mandatory on dairy products and we think that it should be,” said a spokesperson for the coalition. “Many consumers want to buy British dairy products and support British dairy farmers. The current labeling arrangements don’t ensure that they have the information to be able to do that.” According to news sources, of particular concern to the coalition are dairy…
Trade organizations representing the interests of cattle and pork producers and meat processors in Canada and the United States have filed a lawsuit against the U.S. Department of Agriculture (USDA), challenging country-of-origin (COOL) labeling regulations that took effect May 23, 2013. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., filed July 8, 2013). They seek declaratory and injunctive relief, an order vacating the final rule, attorney’s fees, and costs. Explaining that meat producers and processors in the United States, Canada and Mexico have for years freely “commingled” livestock born, raised and processed across their borders, the plaintiffs allege that new requirements forcing them to “list separately, in sequence, the specific country where the animal was ‘born,’ the country where it was ‘raised,’ and the country where it was ‘slaughtered,’” will impose significant costs and entail extensive detail and paperwork for no health or safety reasons. They allege that the COOL regulations…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule amending the Country of Origin Labeling (COOL) regulations to comply with a World Trade Organization (WTO) appellate ruling that certain provisions relating to muscle cut meat commodities were inconsistent the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which includes an obligation “to accord imported products treatment no less favorable than that accorded to domestic products.” Effective May 23, 2013, the final rule requires origin designations for muscle cut covered commodities “to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” It also eliminates “the allowance for commingling of muscle cut covered commodities of different origins” and expands the definition for “retailer” “to include any person subject to be licensed as a retailer under…
The Congressional Research Service (CRS) recently issued a report to explore whether U.S. Department of Agriculture (USDA) proposed rules on labeling muscle cuts of meats will comply with World Trade Organization (WTO) findings that current country-of-origin labeling (COOL) requirements discriminate against livestock imports. Titled “Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling,” the report reviews events that led to the WTO ruling which followed a challenge filed by Canada and Mexico to the 2008 farm bill amendments that adopted the disputed COOL provisions. A WTO arbitrator established May 23, 2013, as the deadline for the United States to comply. Various stakeholders have apparently presented a number of options to bring the United States into compliance, and USDA issued a proposed rule in March. Canada and Mexico have evidently argued that the proposed rule does not fulfill U.S. WTO obligations, and the CRS report notes that this…
A coalition of more than 200 farm, consumer and environmental organizations has written a letter urging the U.S. Department of Agriculture (USDA) to support recently proposed changes to U.S. Country of Origin Labeling (COOL) requirements for meat products. USDA proposed new labeling rules in March 2013 in response to a World Trade Organization (WTO) ruling that the old labels discriminated against imported livestock from other countries. The proposed rules would require that that all meat from animals born, raised and processed in the United States bear a “born, raised and slaughtered in the USA” label. “The only acceptable way to respond to the WTO challenge is to make labels more informative for consumers, not water them down,” states the letter. “U.S. farmers and ranchers are proud of what they produce and should be allowed to promote their products.” “Consumers want more information about the source of their food, not less,”…
The U.S. Department of Agriculture (USDA) has issued a proposed rule that would revise Country of Origin Labeling (COOL) requirements for muscle cuts of meat and amend the definition of “retailer” to include “any person subject to be licensed as a retailer under the Perishable Agricultural Commodities Act.” Under the proposed rule, “origin destinations for muscle cut covered commodities derived from animals slaughtered in the United States would be required to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” According to USDA, the proposed rule would also “eliminate the allowance for any commingling of muscle cut covered commodities of different origins.” The proposal does not change “existing country of origin labeling of imported muscle cuts derived from animals slaughtered in another country.” The agency said that it “expects that…
A World Trade Organization (WTO) arbitrator has determined that the United States must conform its country-of-origin-labeling (COOL) rules in accordance with an earlier ruling by May 23, 2013, finding that 10 months was a reasonable time for implementation. Additional details about the dispute, which involved a challenge brought by Canada and Mexico over 2008 COOL provisions for beef and pork products, appear in Issue 446 of this Update. According to a news source, the labeling program has sharply reduced U.S. imports of Canadian pigs and cattle, because it purportedly raised U.S. packers’ costs by requiring them to segregate imported animals from U.S. livestock. COOL supporters contend that such labeling provides consumers with important information about food origins. Canada’s International Trade Minister Ed Fast and Agriculture Minister Gerry Ritz reportedly said, “We are particularly pleased that the arbitrator determined a reasonable period of time close to that proposed by Canada and…
