Eight organizations representing the American and Canadian pork and beef industries have filed a lawsuit against the mandatory country of origin labeling rule in the United States District Court for the District of Columbia.
The groups want the May 23 regulation found invalid and the prior rule reinstated, said legal counsel, Catherine Stetson in a news conference July 9.
However, the most appropriate solution is to change the original rule recognizing the integrated nature of the North American meat industry, said Mark Dopp of the American Meat Institute.
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The complaint argues the U.S. department of agriculture’s final rule published in May violates the U.S. constitution guarantee of freedom of speech by demanding costly and detailed labels on meat products that do not directly advance a government interest. It is not intended to protect food safety and imposes heavy burdens on the industry with little to no benefit.
The rule was changed when the World Trade Organization ruled it discriminated against Canadian and Mexican livestock and ordered the U.S. to comply by May 23. Canada has announced it will retaliate and issued a lengthy list of U.S. products that would have duties applied once WTO approval is granted.
The lawsuit is not seeking monetary damages however, Dopp said it has been costly for the industry because livestock had to be segregated from the feedlot to the retail sector. Many plants built along the borders developed business models premised upon a steady flow of livestock. This has placed many of them in financial jeopardy and if the rule continues as it was written, some could go out of business.
The lawsuit was filed late July 8.
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, and Southwest Meat Association.
The new rule requires labels for muscle cuts to declare the country of origin regarding three production steps, born, raised and slaughtered. This is similar to the original rule proposed in 2002. The rule did not make changes to earlier labeling requirements for ground meat, produce or nuts.
