Meat and Poultry Associations File Complaint Against COOL Regs

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July 11, 2013

Eight North American meat and poultry groups recently challenged the U.S. Department of Agriculture’s (USDA) May 23, 2013, Country of Origin Labeling (COOL) regulations in a U.S. District Court.  In their complaint, the groups argue USDA COOL regulations are overly burdensome without adequate “consumer-protection interest.”  Plaintiffs request preliminary injunctive relief on the grounds that the regulations violate the 1st Amendment, the Agricultural Marketing Act, and the Administrative Procedure Act.

The primary item at issue in the COOL regulations is the “born, raised, and slaughtered” provision.  Under the statute, the specific country where each animal was born, raised, and slaughtered must be labeled for retail.  Additionally, the regulation bans selling meats with different origin combinations, or commingling.  Plaintiffs argue the provision will require “extensive detail and paperwork,” and the ban on commingling would “choke the supply chain at the point of importation.”  

The USDA’s revised regulations followed a WTO Dispute Settlement Body June 2012 affirmation of a WTO Dispute Panel Decision that determined U.S. COOL requirements were overly burdensome with “limited” consumer benefit and as a result, were not in accordance with the WTO Agreement on Technical Barriers to Trade.  Meat and poultry groups claim that instead of bringing the U.S. in compliance with the WTO ruling, the revisions have exacerbated the violations.

Plaintiffs in this case are American Meat Institute, American Association of Meat Processors, Canadian Cattlemen’s Association, Canadian Pork Council, National Cattlemen’s Beef Association, National Pork Producers Council, North American Meat Association, and Southwest Meat Association.

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