July 30, 2013


North American meat organisations seek preliminary injunction against COOL regulation

 

Organisations representing US, Canada and Mexico's meat and livestock industries, has asked the United States District Court for the District of Columbia to grant a preliminary injunction during a current lawsuit filed against the USDA's mandatory country-of-origin labelling (COOL) rule, which was finalised in May 2013.


The groups believe that they had a high likelihood of success in their case since the enforcement of the rule would adversely affect the industry and economic conditions.   


Plaintiffs include the American Association of Meat Processors, American Meat Institute, Canadian Cattlemen's Association, Canadian Pork Council, National Cattlemen's Beef Association, National Pork Producers Council, North American Meat Association, Southwest Meat Association and Mexico's National Confederation of Livestock Organisations.


The injunction request highlights that the COOL regulation exceeds the authority granted to USDA in the 2008 Farm Bill. It also states that the rule is arbitrary and capricious, offering little benefit to consumers while fundamentally altering the meat and poultry industry.


The plaintiffs assert that USDA's Agricultural Marketing Service (AMS) does not claim that the new 'Born, Raised, and Slaughtered' disclosures are related to protecting consumer interests, and based on AMS's own words, the COOL ruling is neither an initiative for food safety or traceability.  


USDA proposed the controversial regulation in March after the World Trade Organisation (WTO) ruled in response to a complaint by Canada and Mexico that the existing country-of-origin labelling requirements violated the US' WTO obligations.  The USDA has been accused of setting more complex requirements for COOL requirements which were discriminatory against foreign meat and livestock.

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