by Chris Clayton, DTN Ag Policy Editor
OMAHA (DTN) — A federal appeals court has opted to hold a hearing for all of its judges following a ruling last week by a three-judge panel in favor of USDA's country-of-origin labels for meat.
The ruling and new court hearing add another twist in the long-simmering battle between advocates and opponents of labeling the nationality of a beef ribeye or pork butt.
The U.S. Court of Appeals in the District of Columbia on Friday issued an order vacating last week's three-judge ruling that had denied a preliminary injunction against USDA's enforcement of the COOL rule. Now, the entire group of judges in the U.S. Court of Appeals will hear the case in May. The three-judge panel had suggested the case be heard “en banc,” or before all the judges.
Several groups representing the meatpacking industry and both U.S. and Canadian livestock groups initially sued USDA last summer, asking for an injunction to block USDA's latest rule on country-of-origin labeling from taking effect. The groups lost at the district court level and appealed the case.
The three-judge panel last week affirmed the district court ruling and rejected arguments to block USDA from enforcing the labeling rule.
The rule requires more information on where each of the production steps — born, raised and slaughtered — occurred. For instance, muscle cuts from a steer born in Mexico but raised and slaughtered in the U.S. are expected to be labeled in that manner: “Born in Mexico, Raised and Slaughtered in the United States.” For all domestic animals, the label would state “Born, Raised and Slaughtered in the U.S.” Retailers also are prevented from co-mingling muscle cuts from different countries in packaging.
At the core of the legal battle is whether USDA can compel retailers to label the meat. Moreover, the American Meat Institute and others argue the law on COOL does not give USDA authority to ban certain practices such as comingling meat from animals coming from different countries.
Under the order issued Friday, last week's court order is vacated. Now, oral arguments before the appeals court will be heard May 19. Parties filing briefs in the case have until April 21 to get them submitted.
On a separate track, the World Trade Organization has heard arguments against COOL by the Canadian and Mexican governments, but the WTO panel likely will not rule on the case until later this summer.
Groups challenging the USDA rule include: 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, Southwest Meat Association and the Confederation of National Organizations Ganaderas.
Defending the law, other than USDA, are interveners: American Sheep Industry Association, Consumer Federation of America, Food and Water Watch, National Farmers Union, Ranchers-Cattlemen's Action Legal Fund, South Dakota Stockgrowers Association, United States Cattlemen's Association and the Western Organization of Resource Councils.
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Posted with DTN Permission by Haylie Shipp
