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Cool's Impact Heats Up
Mandatory Country of Origin Labeling Law continues to raise questions, increase costs and alienate U.S. trading partners.
by: Wes Ishmael
When proponents of the mandatory Country of Origin Labeling Law—ultimately enacted last September and implemented in March—first proposed the legislation, they might have thought it a simple notion: Just label meat products with the country of their origin so that consumers can decide if they want to purchase that particular piece of meat.

Though seemingly straightforward, this notion presumed such labeling is easy and trouble-free. In fact, verifying, documenting and labeling the source of origin of all meat sold in the U.S. at retail—the law does not apply to meat sold through food service—is costly and burdensome.

USDA estimates first-year costs at $2.5 billion. But, sharing their members experience with labeling seafood for country-of-origin where the law has already been in force, Deb White, Associate General Counsel for the Food Marketing Institute told folks at the this year’s annual meeting of the National Cattlemen’s Beef Association (NCBA) that labeling seafood has cost 10 times more than USDA predicted.

Retailers must assume a bevy of new product categories and labels to comply with the law. And, there is no indication that consumers are willing to pay more for seafood or meat from the U.S. or anywhere else.

For beef packers, complying with the law means dedicating entire shifts at certain plants to slaughtering Canadian and Mexican cattle so that these carcasses can be segregated and labeled properly. The added cost of that makes cattle from NAFTA partners—Canada and Mexico—worth less. There’s no savings for consumers, though, because of the added cost.
Say tough luck to our NAFTA partners. Besides being significant U.S. customers, the cattle and beef the U.S. imports from them allows the U.S. industry to work more efficiently and cost effectively.

“CattleFax estimates that, at the very least, it would cost cattle producers $50 to $60 per head if we lost the NAFTA export markets,” said Erin Daley, U.S. Meat Export Federation (USMEF) Economist in February. “In addition to the large volume of variety meats that we export to Mexico, rounds are a very popular item in that market. Rounds also make up a large portion of our exports to eastern Canada. It would be very hard to absorb these products into the domestic market.”

Daley explained during the annual NCBA meeting that Mexico and Canada accounted for about $2 billion in U.S. beef export purchases last year – about 60% of the worldwide 2008 total.

Plus, Daley pointed out decreased exportation to NAFTA partners would mean even more excess capacity in the U.S. beef processing industry, a decrease in industry inefficiency and more difficulty for U.S. beef to compete in global markets.

That’s one reason NCBA issued this statement in May, about a week after both Canada and Mexico filed formal complaints with the World Trade Organization (WTO) on the grounds that COOL is inconsistent with the USA’s WTO obligations:

“The National Cattlemen’s Beef Association (NCBA) is extremely concerned about the impact of COOL on our relationships with our top two trading partners. Beef trade with Mexico was worth nearly $1.4 billion in 2008, and trade with Canada came in at $716 million. Together, the markets account for 58% of our beef export trade.”


COOL Makes Outside Cattle Worth Less

According to the Canadian Cattlemen’s Association (CCA) in December, “The combined impact of the lower prices for Canadian cattle with the increased cost of transporting them greater distances, plus processing on fewer days, is estimated to be about $90 per animal. The price that Canadian meat packing companies are willing to pay is influenced by their U.S. competitors; therefore the $90 per head loss applies to all Canadian cattle regardless of whether they are exported to the U.S. The new U.S. COOL law results in approximately a $400-million annual loss to the Canadian cattle industry.”

Though information from Mexico is tougher to come by, cattlemen there indicate the COOL law is costing them at least $100 per head.

In December the Canadian government requested formal consultation with WTO regarding COOL. At the time, Brad Wildeman, CCA president explained, “We hope that the initiation of this formal process will encourage the U.S. to adopt greater flexibility in how COOL is administered. Ultimately we want the U.S to abide by our trade agreements that require Canadian cattle to be treated as favorably as US cattle.”

Instead, when Agriculture Secretary Tom Vilsack implemented COOL in March, he threatened to impose even tougher sanctions than those defined by the law.

In a letter to industry representatives, Vilsack wrote, “The Department of Agriculture will be closely reviewing industry compliance with the regulation and its performance in relation to these suggestions for voluntary action. Depending on this performance, I will carefully consider whether modifications to the rule will be necessary to achieve the intent of Congress.”

Among the suggested voluntary actions, Vilsack emphasized, “In order to provide consumers with sufficient information about the origin of products, processors should voluntarily include information about what production step occurred in each country when multiple countries appear on the label.”

Yet, the law does not require labeling to that depth. To do so obviously requires exponentially more paperwork, especially since the law expressly prohibits a national animal identification system that would give meaning to COOL.

So it was in May that Canada and Mexico filed suit with WTO.

“It is disappointing that we couldn’t reach a solution with the United States (U.S.) – especially since Canada is the top buyer of U.S. agriculture exports year after year,” said Wildeman. “But there really seems to be no other option left for Canada. The CCA and our federal government have worked hard via diplomatic means and advocacy, but it appears achieving resolution to this problem isn’t very high on the U.S. priority list. It’s an unfortunate situation, but I am pleased that our government is clearly articulating Canada’s position and standing up for our cattle producers.”

Travis Toews, CCA Vice President and Foreign Trade Chair, added, “This impasse is exactly why we established trade agreements years ago. We’ve tried first to mitigate and reason our differences out, but ultimately if the U.S. continues this disincentive for our cattle, we will have to seek a ruling under the WTO. My hope is that just initiating this case will cause the U.S. to reconsider whether this law is worth a battle with their best customer.”
 

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