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bipartisan group of 31 senators sent Secretary of Agriculture
Ed Schafer a letter Thursday requesting a number of changes
to the interim final rule for implementing mandatory country
of origin labeling (COOL) that takes effect Sept. 30.
Topping the list is changing the provision that allows products
of U.S. origin to be labeled more broadly as mixed origin,
which would be easier and cheaper for processors as it would
result in fewer label changes during the course of a production
day. (See Storm
brewing over COOL implementation on Meatingplace.com
, September 24, 2008.)
"It was the intent of Congress that meat product that is
exclusively born, raised and slaughtered in the United States
will have its own label," stated the letter, which was released
by Sen. Tom Harkin (D-Iowa). "This interim final rule, if
left without clarification and proper guidance on this issue,
has the real possibility of undermining the program, defying
Congressional intent and the agreement between producers
and the packing industry."
Processed foods
The senators also raised concerns about the rule's exemptions
for processed foods, including those fried, broiled, grilled,
boiled, steamed, baked, roasted, cured, smoked or restructured.
They said the language exempts many food products consumers
would expect to be labeled.
60-day rule
They also took issue with the provision that allows a processor
to continue to list a country as a possible country of origin
up to 60 days after raw material from that country has not
been in the processor's inventory.
"All the processor would have to do is keep product from
the U.S. or any other country just once every 60 days, and
remain in full compliance. This is a loophole and can be
easily abused," the senators wrote.
Further processed outside the U.S.
Also calling it "a loophole," the senators questioned language
that would allow covered commodities of U.S. origin that
are further processed or handled in a foreign country to
maintain its U.S. origin label. "There is no justification
for allowing this to occur," the letter said.
Safe harbor for producers
The senators asked USDA to provide a safe harbor of reasonable
or acceptable information that can be asked of a producer
to help avoid the possibility of unreasonable requests for
information that would be considered unfair or an effort
to single out a particular producer.
Also on behalf of producers, they asked for guidance on
how producers can verify the origin of animals purchased
between July 15 and Sept. 30. Under the interim final rule,
all animals present in the United States on July 15 will
be considered of U.S. origin to reduce the initial tracking
burden on producers.
USDA response
"As we have stated before, during the next six months, USDA
will continue to educate the public, producers, processors
and others about the questions that come up about COOL,"
USDA spokesman Keith Williams told Meatingplace.com
in response to the letter.
"Congress wrote great flexibility into the law for the marketing
of product labels, yet, as the secretary stated, the flexibility
is limited to only certain circumstances," he added.
Williams said the secretary also believes that as the labels
enter the marketplace, both consumers and suppliers will
see the benefit of labeling "100 percent American."
Democratic presidential nominee Sen. Barack Obama (D-Ill.)
was among those signing the letter.
To view the letter in its entirety and a list of those who
signed it, click here.
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