In absence of federal law, states take up country of origin labeling

Several states are considering country of origin labeling (COOL) proposals, which would require that beef products be labeled as imported or domestic products. The state proposals follow several years of attempts by rancher groups to revive federal law that would require country of origin labeling for beef—a law that was shot down by the World Trade Organization.

The Wyoming legislature’s agriculture committee on Feb. 22 advanced a COOL bill in a six to three vote. That bill would require retailers who sell beef to place a “conspicuous placard” near the product that identifies it as “imported beef” or “USA beef.” The imported beef would additionally be labeled with each country where the animal was born, raised, and slaughtered. The “USA beef” label would only apply to beef that had been exclusively born, raised, and slaughtered in the U.S., with an allowance that the animal may have been transported abroad for less than 60 days. The bill will now be considered by the whole legislature.

A state representative in Oklahoma, Carl Newton, is planning to introduce a COOL bill in that state this week. Newton told Tri-State Livestock News that it “isn’t fair marketing” for all beef, both domestic and imported, to be indistinguishable in the grocery store. Independent ranchers have long argued that domestic beef should be differentiated to consumers.

Colorado also recently considered a COOL proposal. The bill, introduced by representative Kimmi Lewis, would have amended the state’s Food and Drug Act to require retailers to label beef as either “U.S.A. Beef” or “Imported.” The January 29th hearing on the bill lasted several hours, with 37 people testifying against and 28 testifying in support of the bill. Opposition to the proposal included the Colorado Farm Bureau, Colorado Cattlemen’s Association, and the Colorado Restaurant Association. Supporters included the Ranchers-Cattlemen Legal Action Fund, the Southern Colorado Livestock Association, and the Colorado Independent Cattle Growers Association. The bill was ultimately defeated.

COOL has a long history and has pitted independent ranchers and consumer groups against meat industry trade and lobby organizations. Industry organizations like the National Pork Producers Council and the National American Meat Institute have argued that ranchers who promote COOL are simply hoping for a government-sanctioned advantage in the marketplace and have no food safety rationale for the labels. Ranchers and consumer groups have argued that COOL is a basic transparency measure, that allows consumers to make an informed choice about what meat to buy.

The Department of Agriculture does require country of origin labels for many agricultural products, including fruits and vegetables, shellfish, chicken, lamb, and some nuts and herbs. Labeling regulations were implemented for fish and shellfish in 2005, and for the other products—including beef and pork—in 2009. In December 2015, Congress repealed country of origin labeling requirements for beef and pork after the World Trade Organization ruled that Canada and Mexico could impose tariffs on U.S. products in retribution for the labeling. Some ranchers hoped that President Trump would show interest in COOL, given its possible buy-American messaging. But so far, there’s been no movement on the issue at the federal level.

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