The U.S. Department of Agriculture (USDA) has announced that mandatory country-of-origin labeling (COOL) will take effect as scheduled on March 16, 2009. Pursuant to an Obama administration memorandum, USDA reviewed the final rule that requires country-of-origin labeling for muscle cuts and ground beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; and peanuts, pecans, macadamia nuts, and ginseng sold by some retailers. Agriculture Secretary Tom Vilsack also issued an open letter to industry that urged companies to adopt several voluntary measures, such as multiple countries-of-origin designations and additional information about each production step. Further noting that the final rule’s definition of processed foods “may be too broadly drafted,” Vilsack stated that COOL might also be applicable to products subject to “curing, smoking, broiling, grilling, or steaming.” Meanwhile, the American Meat Institute (AMI) has reportedly welcomed COOL implementation after taking an active…
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Agriculture Secretary Tom Vilsack earlier this week canceled a scheduled press conference on mandatory country-of-origin labeling (COOL) regulations, but reportedly told meat industry representatives that USDA intends to pursue stricter COOL guidelines than those approved during the Bush administration. Vilsack has asked meat providers to voluntarily adhere to more stringent standards, noting that the agency will act in the absence of industry direction. In particular, USDA is seeking to extend COOL to some “processed” items, like cured bacon, that are currently exempt from labeling requirements. Vilsack also received a letter from seven U.S. senators asking him to further clarify and restrict the use of multiple country labeling. “These loopholes essentially allow processors to label every product – including exclusively U.S. products and entirely foreign products – under the multiple country category,” stated the letter spearheaded by Senator Byron Dorgan (D-N.D.). The announcement followed an administrative hold issued by the Obama administration…
Among the first official acts of the Obama administration was a directive from White House Chief of Staff Rahm Emanuel to all federal departments and agencies not to finalize any pending rule and to extend final-rule effective dates for 60 days. According to a news source, the block affects a Department of Agriculture rule that established requirements for country-of-origin labeling (COOL) on meat and other perishable foods. A regulatory analyst for a Washington-based government watchdog group reportedly observed that the freeze would “give USDA an opportunity to tighten up the rule.” Critics have apparently said that the Bush rule could weaken distinctions between U.S. and imported meats by allowing domestic facilities that process domestic and imported animals to carry a multi-country label. See Bloomberg.com, January 21, 2009.
USDA this week issued a final rule for its mandatory country-of-origin labeling (COOL) program, which applies to beef, pork, lamb, chicken, goat meat, wild and farm-raised fish and shellfish, perishable agricultural commodities, peanuts, pecans, ginseng, and macadamia nuts. USDA had previously published an interim final rule in advance of a September 30, 2008, implementation deadline to incorporate changes required by the 2008 Farm Bill, including the addition of several agricultural commodities. Effective March 16, 2009, the final rule takes into account public comments on the interim version. In particular, the rule clarifies USDA’s position on multiple countries of origin labeling and eliminates allowances for commodities of U.S. origin to retain this designation if processed or handled in foreign countries. The final rule also upholds a provision criticized by the Ranchers-Cattlemen Legal Fund (RCALF) that excludes processed food ingredients from COOL regulations. “Publication of the final rule may alleviate some of…
In late December 2008, Mexico banned imports of meat from 30 U.S. processing facilities, telling the USDA that sanitary issues were to blame, although some, including Senator Charles Grassley (R-Iowa), suggested that the move was in retaliation for the new country-of-origin labeling (COOL) rules that took effect September 30. Mexican officials denied any connection and reportedly lifted the embargo for 26 of the plants as of December 30. According to a news source, Mexico is the leading buyer of U.S. meat, and the suspension led to a sharp decline in cattle and hog futures at the Chicago Mercantile Exchange. U.S. and Mexican officials were reportedly scheduled to meet January 5, 2009, to discuss meat import issues. Meanwhile, Mexico has reportedly joined Canada before the World Trade Organization seeking consultations with the United States over the COOL regulations. The two countries are apparently most concerned about the impact on meat and livestock,…
The Canadian government has reportedly filed a complaint with the World Trade Organization (WTO), challenging the U.S. country-of-origin labeling (COOL) law. According to a news source, Canada alleges that COOL will impose unnecessary costs on meatpackers that use Canadian livestock and could lead to additional and more stringent labeling requirements in other countries. Canadian Trade Minister Stockwell Day was quoted as saying, “We believe that the country-of-origin legislation is creating undue trade restrictions to the detriment of Canadian exporters.” The complaint initiates a consultation period, which, if unsuccessful, could lead to resolution by a WTO dispute settlement panel. Canadian beef and pork producers recently called on the government to institute such action; further details about their concerns appear in issue 281 of this Update. See Meatingplace.com, December 2, 2008.
The Canadian Cattlemen’s Association and the Canadian Pork Council, representing some 100,000 producers, are reportedly calling on their government to bring legal challenges under the North American Free Trade Agreement and WTO rules to the new country-of-origin labeling (COOL) law that took effect in the United States on October 1, 2008. According to the beef and pork producers, the law has begun shutting their livestock out of U.S. markets, where domestic and foreign animals must now be segregated in feedlots and packing plants. Origination documentation and disease-free tags are also apparently adding to producer costs. The Canadian producers claim that some companies are refusing to import Canadian cattle altogether and others will slaughter them only on certain days, a situation that threatens to cost the Canadian producers some $800 million annually. In a letter to Canada’s prime minister, the Cattlemen’s president reportedly said, “Our preliminary estimate is that COOL is reducing…
A rancher in eastern Washington has reportedly sued the U.S. Department of Agriculture (USDA) in federal court, seeking changes to its country-of-origin labeling (COOL) rules for beef products. According to a news source, Easterday Ranches claims that the regulations are adding to costs for the U.S. beef industry and consumers. Apparently, cattle born in other countries must be segregated from domestic animals and cannot be slaughtered on the same day; extensive records must be kept and buyers must keep the meat separate in processing plants. Easterday’s president reportedly claims that commercial buyers are paying far less per head for Canadian or Mexican cattle, and there is no premium price being paid for U.S. cattle. He also contends that the regulations do nothing for food safety and contradict the North American Free Trade Act. See Tri-City Herald and meatingplace.com, October 28, 2008.
Country-of-origin labeling rules, long-delayed for fresh, perishable foods other than fish and shellfish, went into effect on September 30, 2008. They require supermarkets and mass-merchandise outlets to label or display the country of origin for meats, poultry, produce, and some nuts. Small food outlets, such as butcher shops and restaurants are exempt, and the rules do not apply to processed foods, like smoked salmon and cooked shrimp, or mixes, like bagged mixed salad greens, trail mix and fruit salad. Meats blended with products from several countries are not required to list the countries in any particular order. Any covered foods produced or packaged before September 30, do not have to include the COOL information. For many years, foods packaged in another country have been required to carry origin labeling; with the latest COOL implementation, almost all food should carry this information. Consumer groups have hailed the mandatory rule change, calling…
