September 30, 2008

U.S. Cattlemen Urge Further Clarification of COOL Rule

Contact: Jon Wooster 831/385-5316 - Email: usca@uscattlemen.org
 
USCA (September 30, 2008) - The U.S. Cattlemen’s Association (USCA) responded today to the U.S. Department of Agriculture’s (USDA) public clarification on Friday, September 26 of its Interim Final Rule (IFR) for country of origin labeling implementation. While USCA is pleased that many aspects of the IFR follow the intent of Congress, USCA remains concerned with the agency’s rule provision addressing a "mixed origin" label.

The following statements can be attributed to Jon Wooster, USCA President, San Lucas, California.

"While the IFR shows marked improvement over previously published COOL regulations, a considerable loophole remains within a critical provision of the rule that addresses how a mixed origin label can be applied to beef. A carefully crafted compromise passed by Congress, reached through sensitive negotiations during Congressional debate over the Farm Bill, is very specific about how and when packers could apply a mixed origin label. Currently, the IFR language undermines the entire country of origin labeling program for beef. There is a chasm of difference between the statutory language passed by Congress and that within the rule drafted by USDA.

"The statutory language on this subject is explicit. It provides that a retailer may designate the country of origin of a covered commodity as all of the countries in which the animal may have been born, raised or slaughtered if, and only if, such commodity meets each of the following criteria: 1) the animal was not exclusively born, raised and slaughtered in the U.S.; 2) the animal was born, raised or slaughtered in the U.S. and 3) the animal was not imported into the U.S. for immediate slaughter. Thus, beef from an animal that was exclusively born, raised and slaughtered in the U.S. may not be labeled with a multiple countries label because such animals do not meet the criteria in the statute. Meat from these animals must be labeled as U.S. origin under the statute.

"The IFR on multiple country of origin labels contradicts the plain language of the statute, has no basis under the law and will likely result in consumers being denied the opportunity to choose U.S. beef at the point of retail purchase.

"USDA’s clarification of this provision does not ensure that the statute will be faithfully implemented. The clarification states that U.S. origin beef will only be permitted to be labeled with the multiple countries label if U.S. beef is produced on the same day as that of imported product. In this case, packers could circumvent the law by processing at least one imported animal each day and then mislabeling the beef from all U.S. animals processed that day.

"USCA appreciates the fact that Secretary Schafer is attempting to address this loophole. However, the only way to avoid an abuse of the mixed origin label is for the agency to amend the IFR to conform with the law. We urge USDA to revise its rule and publish an amended version that addresses this matter.

 

Established in March 2007, USCA is committed to concentrating its efforts in Washington, DC to enhance and expand the cattle industry’s voice on Capitol Hill. USCA has a full-time presence in Washington, giving cattle producers across the country a strong influence on policy development. For more information go to www.uscattlemen.org.