Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling
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Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling
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Author : Congressional Research Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2014-11-05
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling written by Congressional Research Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-05 with categories.
Most retail food stores are now required to inform consumers about the country of origin of fresh fruits and vegetables, fish, shellfish, peanuts, pecans, macadamia nuts, ginseng, and ground and muscle cuts of beef, pork, lamb, chicken, and goat. The rules are required by the 2002 farm bill (P.L. 107-171) as amended by the 2008 farm bill (P.L. 110-246). Other U.S. laws have required such labeling, but only for imported food products already pre-packaged for consumers. The final rule to implement country-of-origin labeling (COOL) took effect on March 16, 2009. Both the authorization and implementation of COOL by the U.S. Department of Agriculture (USDA) have been controversial, particularly the labeling rules for meat and meat products. A number of livestock and food industry groups continue to oppose COOL as costly and unnecessary, and they and the main livestock exporters to the United States-Canada and Mexico-view the requirement as trade-distorting. Others, including some cattle and consumer groups, maintain that Americans want and deserve to know the origin of their foods. Less than one year after the COOL rules took effect, Canada and Mexico challenged them in the World Trade Organization (WTO), arguing that COOL has a trade-distorting impact by reducing the value and number of cattle and hogs shipped to the U.S. market, thus violating WTO trade commitments. In November 2011, the WTO dispute settlement (DS) panel found that (1) COOL treats imported livestock less favorably than U.S. livestock, and (2) COOL does not meet its objective to provide complete information to consumers on the origin of meat products. In March 2012, the United States appealed the WTO ruling. In June 2012 the WTO's Appellate Body (AB) upheld the DS panel's finding that COOL treats imported livestock less favorably than domestic livestock. But the AB reversed the finding that COOL does not fulfill its legitimate objective to provide consumers with information on origin. The Obama Administration welcomed the AB's affirmation of the U.S. right to adopt labeling requirements to inform consumers on the origin of their meat. Participants in the U.S. livestock sector had mixed reactions, reflecting the ongoing heated debate on COOL. A WTO arbitrator set May 23, 2013, as the deadline for the United States to comply with the WTO findings. To comply, USDA issued a revised COOL rule requiring that labels show where each production step (born, raised, slaughtered) occurs and prohibiting the commingling of muscle-cut meat from different origins. COOL's supporters applauded the revised rule for providing consumers with specific and more useful information on origin. Opponents of COOL argue that the revised rule is more discriminatory than the original rule and imposes additional recordkeeping burdens on processors and retailers, and in turn, additional costs on consumers. In July 2013, opponents filed suit to stop USDA from implementing the revised COOL rule, but in September 2013 they were denied their request for a preliminary injunction against the rule. Opponents appealed during 2014, but the courts denied all requests. Canada and Mexico expressed disappointment with USDA's revised rule, and argued that it does not bring the United States into compliance. In September 2013, a compliance panel was formed to determine if the final COOL rule complies with WTO agreements. On October 20, 2014, the panel found that the revised COOL rule altered competition and thus treated imported livestock less favorably than domestic livestock. The panel confirmed that COOL is a legitimate objective, but could not determine if the rule was more trade restrictive than necessary. The parties have 60 days to appeal any of the compliance panel rulings.
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling
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Author : Remy Jurenas
language : en
Publisher: Createspace Independent Pub
Release Date : 2012-08-02
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling written by Remy Jurenas and has been published by Createspace Independent Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-02 with Political Science categories.
Most retail food stores are now required to inform consumers about the country of origin of fresh fruits and vegetables, fish, shellfish, peanuts, pecans, macadamia nuts, ginseng, and ground and muscle cuts of beef, pork, lamb, chicken, and goat. The rules are required by the 2002 farm bill (P.L. 107-171) as amended by the 2008 farm bill (P.L. 110-246). Other U.S. laws have required such labeling, but only for imported food products already pre-packaged for consumers. The final rule to implement COOL took effect on March 16, 2009. Both the authorization and implementation of country-of-origin labeling (COOL) by the U.S. Department of Agriculture's Agricultural Marketing Service have been controversial. Much attention has focused on the labeling rules that now apply to meat and meat products. A number of livestock and food industry groups continue to oppose COOL as costly and unnecessary. They and the main livestock exporters to the United States—Canada and Mexico—view the requirement as trade-distorting. Others, including some cattle and consumer groups, maintain that Americans want and deserve to know the origin of their foods, and point out that many U.S. trading partners have their own import labeling requirements. Less than one year after the COOL rules took effect, Canada and Mexico used the World Trade Organization's (WTO's) trade dispute resolution process to challenge some features that apply to labeling meat. Both countries argued that COOL has a trade-distorting impact by reducing the value and number of cattle and hogs shipped to the U.S. market. For this reason, they argued that COOL violates WTO trade commitments agreed to by the United States. On November 18, 2011, a WTO dispute settlement (DS) panel found that (1) COOL treats imported livestock less favorably than like U.S. livestock (particularly in the labeling of beef and pork muscle cuts), and (2) COOL does not meet its objective to provide complete information to consumers on the origin of meat products. The panel reached these conclusions by examining the economic effects of the measures taken by U.S. livestock producers and meat processors to implement COOL, and by accepting arguments that the way meat is labeled to indicate where the multiple steps of livestock birth, raising, and slaughtering occurred is confusing. On March 23, 2012, the United States appealed the panel report to the WTO Appellate Body (AB). On June 29, 2012, the AB upheld the DS panel's finding that the COOL measure treats imported Canadian cattle and hogs, and imported Mexican cattle, less favorably than like domestic livestock, because of its record-keeping and verification requirements. The AB, however, reversed the panel's finding that COOL does not fulfill its legitimate objective to provide consumers with information on origin. The Obama Administration welcomed the AB's affirmation of the U.S. right to adopt labeling requirements to inform consumers on the origin of the meat they purchase, but did not signal what steps might be considered to address the 'less favorable treatment' finding. Participants in the U.S. livestock sector had mixed reactions, reflecting the heated debate on COOL that occurred over the last decade. Two consumer groups expressed concern that this WTO decision further undermines U.S. consumer protections. If the United States decides to bring COOL into compliance with the AB finding, WTO rules call for that to occur within a reasonable period of time. Options would be to consider regulatory and/or statutory changes to the COOL regulations and/or law. If the United States does not comply, Canada and Mexico would have the right to seek compensation or retaliate against imports from the United States.
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling
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Author : Remy Jurenas
language : en
Publisher:
Release Date : 2012-12-02
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling written by Remy Jurenas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-02 with categories.
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling
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Author : Joel L. Greene
language : en
Publisher:
Release Date : 2014
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling written by Joel L. Greene and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Foreign trade regulation categories.
This report covers the dispute between the U.S with its neighbors, Canada and Mexico, who say that the recent country-of-origin labeling (COOL) system implemented by the U.S. Department of Agriculture is unfair and does not meet its original objectives. This dispute was brought before the WTO dispute panel and found to be valid. The report ends with a discussion of options for the U.S. in regards to modifying COOL to follow WTO rulings.
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling
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Author :
language : en
Publisher:
Release Date : 2016
Country Of Origin Labeling For Foods And The Wto Trade Dispute On Meat Labeling written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Foreign trade regulation categories.
Country Of Origin Labeling For Foods
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Author : Remy Jurenas
language : en
Publisher: DIANE Publishing
Release Date : 2011
Country Of Origin Labeling For Foods written by Remy Jurenas and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business & Economics categories.
This is a print on demand edition of a hard to find publication. Many retail food stores are now required to inform consumers about the country of origin of fresh fruits and vegetables, seafood, peanuts, pecans, macadamia nuts, ginseng, and ground and muscle cuts of beef, pork, lamb, chicken, and goat. Contents of this report: (1) Recent Developments; (2) Background; (3) Other Laws with Labeling Provisions: Tariff Act; Meat and Poultry Products Inspection Acts; Federal Food, Drug, and Cosmetic Act; (4) Implementation of Farm Bill COOL Requirements; (5) Key Provisions: Record-Keeping, Verification, and Penalties; (6) Economic and Trade Issues: Costs and Benefits; North Amer. Livestock Trade; U.S. Livestock Imports; (7) Expansion of COOL in Food Safety Measures; COOL for Dairy Products. Illustrations.
Consumer Information Marks Of Origin And Wto Law
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Author : Wendy A. Johnecheck
language : en
Publisher:
Release Date : 2010
Consumer Information Marks Of Origin And Wto Law written by Wendy A. Johnecheck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
This paper uses the recently initiated United States - Certain Country of Origin Labeling Requirements (US- Meat COOL) dispute to examine the nature of the relationship between consumer information labeling regulatory measures and the applicable WTO provisions disciplining domestic regulation. The US measure in question mandates that retailers provide consumers with information on the national origin of their food as a means of facilitating consumer choice. The US- Meat COOL case is salient to the WTO legal regime because it presents an opportunity to establish a coherent legal jurisprudence relating to measures implemented on consumer information grounds (as separate from, but closely related to, labeling measures implemented on health or environmental grounds). The legal analysis revealed that WTO law does not categorically prohibit genuinely motivated consumer information labeling measures with disparate trade effects. The treatment of measures, which are motivated by both consumer and producer interests, however, remains unclear. Further, given that many of the relevant legal provisions are largely untested, the legal outcome for all consumer choice measures is far from certain, and are equally likely to produce a finding of non-compliance with WTO obligations. In light of this uncertainty, the case study identifies several issues critical to whether the US COOL regulation and, by extension, other consumer information labeling policies are judged compliant with key WTO disciplines. In addition, the paper compares the WTO legality of the US COOL regulation under the relevant provisions with hypothetical results based on an economic efficiency criterion. This analysis reveals that under several likely legal tests net welfare-enhancing labeling regimes risk being deemed in violation of WTO law. The author argues that prohibiting efficient de facto discriminatory consumer information measures runs contrary to the theoretical underpinnings of the treaty text, and that the dispute settlement bodies should, at a minimum, seek to employ legal tests that ensure that efficient consumer information labeling measures are deemed compliant with WTO law. Finally, this paper also explores issues specific to the subset of consumer choice measures, referred to as mandatory marks of origin regulations. It includes a discussion of the historical developments that led to the inclusion of a provision addressing such measures in the original GATT structure (GATT Article IX), the interaction of this Article with other applicable provisions, and the fundamental challenge of applying national treatment obligations to measures intended to facilitate differentiation of products on the basis of national origin.
Agricultural Trade
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Author : Rowan Stroud
language : en
Publisher: Nova Science Publishers
Release Date : 2014
Agricultural Trade written by Rowan Stroud and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Agriculture categories.
Sanitary and phytosanitary (SPS) measures are the laws, rules, standards, and procedures that governments employ to protect humans, animals, and plants from diseases, pests, toxins, and other contaminants. Examples include meat and poultry processing standards to reduce pathogens, residue limits for pesticides in foods, and regulation of agricultural biotechnology. Technical barriers to trade (TBT) cover technical regulations, product standards, environmental regulations, and voluntary procedures relating to human health and animal welfare. Examples include trademarks and patents, labeling and packaging requirements, certification and inspection procedures, product specifications, and marketing of biotechnology. SPS and TBT measures both comprise a group of widely divergent standards and standards-based measures that countries use to regulate markets, protect their consumers, and preserve natural resources. This book describes formal challenges involving SPS/TBT that the United States has brought against some U.S. trading partners, which have resulted in trade disputes that have been, or continue to be, reviewed by the World Trade Organization (WTO). It also discusses the United States and European Union hormone and use of pathogen reduction treatment disputes; and the country-of-origin labeling for foods and the WTO trade dispute on meat labeling.
Food Law For Public Health
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Author : Jennifer L. Pomeranz
language : en
Publisher: Oxford University Press
Release Date : 2015-10-20
Food Law For Public Health written by Jennifer L. Pomeranz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Medical categories.
Food and its many aspects -- production, consumption, marketing, labeling, procurement, safety -- have become a mainstay of both popular discourse and the practice of public health. As topics such as GMO labeling, food-borne illness outbreaks, soda bans, and food taxes have come to the forefront of the public and academic conscious, understanding the legal underpinnings of these issues is vital. Food Law for Public Health is the first book on food law written specifically for a public health audience without a legal background. It offers comprehensive coverage of every aspect of food law: · Established and newer food law issues in the United States · Overview of US law, plus federal, state, and local governments' authorities and limitations to address food for public health · Controversial topics related to food marketing, food labeling, and the various regulatory concerns over food safety · Federal nutrition programs and guidelines · Litigation among the food industry, consumers, and the government Food Law for Public Health offers necessary grounding in food law for audiences in public health, nutrition, food studies, policy, or anyone with a professional interest in this increasingly important area. With clear writing and thought-provoking questions and exercises for classroom discussion, it is an ideal tool for learning and teaching.
Food Regulation And Trade
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Author : Tim Josling
language : en
Publisher: U of Nebraska Press
Release Date : 2004
Food Regulation And Trade written by Tim Josling and has been published by U of Nebraska Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
This work examines the regulation of the increasingly global food system. It analyzes the underlying causes of the trade conflicts, and outlines the steps that could be taken to ensure that food safety and open trade become at the least compatible and at best mutually supporting.