Why COOL won't work

[Cattle Rack Rancher]

Back in 2001, Korea tried to label US beef as US beef and the US challenged it with the WTO.
The WTO ruled
...that the dual retail system for beef (including the obligation for department stores and supermarkets authorized to sell imported beef to hold a separate display, and the obligation for foreign beef shops to bear a sign with the words "Specialized Imported Beef Store") is inconsistent with the provisions of Article III:4 of the GATT 1994 in that it treats imported beef less favourably than domestic beef, and cannot be justified pursuant to Article XX(d) of the GATT 1994; that the requirement that the supply of beef from the LPMO's wholesale market be limited to specialized imported beef stores is inconsistent with Article III:4 of the GATT 1994 and cannot be justified pursuant to Article XX(d) of the GATT 1994; that the imposition of more stringent record-keeping requirements on those who purchase foreign beef imported by the LPMO than on those who purchase domestic beef is inconsistent with Article III:4 of the GATT 1994; that the prohibition against cross-trading between end-users of the SBS system is inconsistent with Article III:4 of the GATT 1994; that any additional labelling requirements imposed on foreign beef imported through the SBS system that are not also imposed on domestic beef, such as the requirement that the end-consumer, the contract number and super-group importer be identified and indicated on the imported beef, are inconsistent with Article III:4 of the GATT 1994; that the LPMO's lack of, and delays in, calling for tenders, and its discharge practices between November 1997 and the end of May 1998, constitute import restrictions on foreign beef, inconsistent with Article XI of the GATT 1994, and the same practices are also inconsistent with Article 4.2 of the Agreement on Agriculture and its footnote; that even if the LPMO had not had monopoly rights over the import and distribution of its share of Korea's beef import, the LPMO's lack of, and delays in, calling for tenders during the same period constituted an import restriction inconsistent with Article XI of the GATT 1994 through the application of the Ad Note to Articles XI, XII, XIII, XIV and XVIII of the GATT 1994, and that the LPMO's discharge practices during the same period were inconsistent with Article XVII:1(a) of the GATT 1994;

This says that the US would not be allowed to do COOL even if they wanted to under a precedent set by the WTO. Interesting that the challenge by the US was what set the precedent in the first place. That's the problem with litigation, occasionally, it comes back to bite you in the butt.

The script for this can be found under beef on this website.

http://www.wto.org/english/tratop_e/dispu_e/dispu_subjects_index_e.htm

 

[Oldtimer]

CRR- You need to read a little more on GATT, the WTO, and the specifics with that individual case.... This was all hashed out during the USDA and Congressional hearings on the current US MCOOL law which goes into affect in 2006--WTO rules allow you to mark and label imported beef and cattle as long as all of it is marked evenly- that means imports from Canada, Mexico, Brazil and US meat will all be marked... But you cannot do like Korea did and selectively mark or set aside US beef- that is discrimination... As long as it is all treated the same COOL is legal and practiced by many WTO countries of the world already.........

 

[Cattle Rack Rancher]

With R-CALF running around telling consumers that Canadian beef is unsafe, it would seem to me that labelling it now would amount to discrimination.

 

[mwj]

The labeling would be ok by me, but it would be imposable to do. Beef doesnt reach point of sale by the quarter or cut anymore. There is so much comingling in ground and processed beaf that your hamburger could be a mix from hundreds of cattle from several countries.
your friend
Mike

 

[Oldtimer]

Just heard on the radio that several more Senators from SD, Montana, Wyo., and ND have signed on to the bill-- they claim it has bipartisan support....

--------------------------------------------

Tim Johnson Introduces New 'Mad Cow' Bill
Bipartisan Bill Would Protect Consumer Confidence

Washington, DC—U.S. Senators Tim Johnson (D-SD) and Mike Enzi (R-WY) today introduced legislation to keep the U.S.-Canadian border closed to imports of live Canadian cattle until mandatory country-of-origin labeling (COOL) is implemented. The Department of Agriculture (USDA) is currently working to open the border as early as March.

"This legislation says no Canadian cattle until COOL is implemented," said Johnson. "COOL lets consumers make an informed choice about the origin of their meat. With two Canadian cases of Mad Cow in as many weeks, any other course is reckless. I won't stand by and watch while USDA opens the floodgates to Canadian cattle, threatening consumer confidence and our export markets."

"The recent cases of mad cow in Canada make implementing country of origin labeling an even more pressing issue for the 109th Congress. This legislative body owes it to the producers of this nation to do all that we can to protect consumer confidence in the products produced by hardworking Americans," said Enzi. "I am hopeful that the new Secretary of Agriculture will see the importance and benefit of fully implementing COOL. It is imperative that we prevent the flow of diseased animals across our borders to ensure that our food supply is not at risk."

Johnson, the author of the country-of-origin labeling provision included in the 2002 Farm Bill, expressed concerns to USDA and the White House in letters dated January 3, following confirmation of the last case of Mad Cow. Johnson requested that USDA reconsider the March timeline for opening the U.S.-Canadian border to live cattle. Johnson renewed those concerns following Canada's second announcement of a case of Mad Cow in as many weeks.

Enzi has worked to keep American consumers informed as well as bolster American agricultural markets with COOL implementation. Most recently Enzi called on the USDA to withdraw the final rule to open the border to live cattle from Canada this spring.

Mandatory country-of-origin labeling is scheduled to be implemented by September 2006. USDA's proposed rule to open the U.S.-Canada border to imports of live Canadian cattle would take effect in March of this year.

 

[Cattle Rack Rancher]

Johanns plans to tackle beef at USDA
Monday, January 24, 2005, 12:11 PM

by Josh St. Peters

In one of his first official duties as Secretary of Agriculture, Mike Johanns spent time with farm media on Monday, answering questions about his plans for the USDA and showing his excitement to be on the job.

The new head of the U.S. Department of Agriculture said there are many goals he hopes to accomplish while leading the agency.

"I was here early because I am excited about this job, and I suspect I will be here early everyday that I am Secretary of Agriculture," he told media in a teleconference from Washington.

Johanns said he would begin his administrative work at the department later Monday, attending a meeting on the issues of cattle trade between the U.S. and Canada.

Johanns took many questions on his plans to address trade disputes between the U.S. and countries that no longer import American beef products. He said it is one of the top issues he will address in the coming weeks. While he offered no specific plan to regain entry to the Japanese market, Johanns told reporters that he has experience working on trade missions and he looks forward to solving the problems facing beef producers.

"This is my top priority," he said. "I am going to do every possible thing to move this agenda along."

In addition to concerns over exports, several questions that Johanns faced in the midday talk with reporters involved the Country of Origin Labeling (COOL) program. Currently, farmers can participate in a voluntary system but will be required by law to take part in a mandatory program by the end of 2006.

Johanns told the members of the farm media that he has not had a chance to talk about COOL with the President. However, Bush's position has been to oppose the mandatory system, favoring a voluntary program.

"Let there be no doubt that the Secretary of Agriculture, Mike Johanns stands with the administration," he said.

The former Nebraska Governor also confirmed that some top-level USDA staff changes would be happening in the coming weeks, but Johanns refused to say exactly what changes he would be making.

 

[Oldtimer]

There is so much comingling in ground and processed beaf that your hamburger could be a mix from hundreds of cattle from several countries.

mike- that could easily be covered- Labeled as Beef of multiple origin---Anything that was of one origin could be labeled with that country-- ex. Product of USA......Which would you rather eat knowing that the US imports meat from 40 different countries- many which are third world countries with no where near the safety standards the US has????

 

[mwj]

Oldtimer
I eat what I grow and don't have to worry about the label :lol: What I am saying is that, exclusions in the labeling make it all but useless. You posted your concern about cull cow prices here on the board but are willing to give a free pass to all the cheap grass fed scrubs in the world to enter the mkt., just doesn't make much sense to me.
your friend
Mike

 

[Oldtimer]

Oldtimer
I eat what I grow and don't have to worry about the label :lol: What I am saying is that, exclusions in the labeling make it all but useless. You posted your concern about cull cow prices here on the board but are willing to give a free pass to all the cheap grass fed scrubs in the world to enter the mkt., just doesn't make much sense to me.
your friend
Mike

mwj - You never eat out-- boy you live a sheltered life....

With COOL you could choose to buy hamburger or eat at an establishment that guarantees it buys meat that is only labeled "Product of USA"-- instead of labeled "product mixed origin"- then you would know you weren't eating some of that imported cheap grass fed scrubs from all over the world........And you could be supporting the US cattle industry at the same time.......... A WIN-WIN situation.....

 

[frenchie]

Oldtimer

many which are third world countries with no where near the safety standards the US has???

really like the tracking Id system you don,t have..up and running

or the cows you don,t test

 

[Oldtimer]

Oldtimer

many which are third world countries with no where near the safety standards the US has???

really like the tracking Id system you don,t have..up and running

or the cows you don,t test

frenchie--You guys don't have a tracking system-- You have an eartag that is put in telling where the cow originated, or who was the last owner to put in a tag-- doesn't tell you where its been.. Many states have more with their brand inspections that require inspections and records of movement from county to county or on any change of ownership- Many in the states already tag with origin tags and have for years-- Until you develop the infrastructure to track the animals movement you have an origin ID, but nothing more.

 

[Medic24]

Gees, maybe it's time to go back into town, get a job there, and raise a few beef for the family, that way I have no issue over where my beef came from and the wrangling it took to get it onto my plate!

Nothing beats a good ol home grown steak on the grill, with no tags, brands or microchips to destroy the flavor!

Pass me the A1 sauce will ya?

 

[dun]

Gees, maybe it's time to go back into town, get a job there, and raise a few beef for the family, that way I have no issue over where my beef came from and the wrangling it took to get it onto my plate!

Nothing beats a good ol home grown steak on the grill, with no tags, brands or microchips to destroy the flavor!

Pass me the A1 sauce will ya?

Unless you kill it and cut it up yourself on your property, you'll still need a presmises id to haul it to the butcher.

dun

 

[frenchie]

Oldtimer

many which are third world countries with no where near the safety standards the US has???

really like the tracking Id system you don,t have..up and running

or the cows you don,t test

frenchie--You guys don't have a tracking system-- You have an eartag that is put in telling where the cow originated, or who was the last owner to put in a tag-- doesn't tell you where its been.. Many states have more with their brand inspections that require inspections and records of movement from county to county or on any change of ownership- Many in the states already tag with origin tags and have for years-- Until you develop the infrastructure to track the animals movement you have an origin ID, but nothing more.

Really Oldtimer Did you ever find those 6 angus bulls that entered Montana ..from the May 2003 b.s.e incident. how come you could not find the Washington Cows herdmates ,if your system is so perfect.

It is a miminum $500.oo fine for no C.C.I.a tag here.We also have brand inspection here as well..When I go to the mart my calves tags#/brands are jotted down..If i buy calves they come with the numbers wrote down...not to mention the fact that I have to have a livestock manifest to move stock


I am required by law to produce those # if requested and also to keep a record of all tag #, deaths , retags and to keep any removed tags etc


Let me know when you find those bulls Ot goodluck lets see its been almost 2 yrs since you started looking :roll: .