Source: Dani Friedland, MEATINGPLACE, 9/24/13


Nine meat and livestock organizations have filed an initial brief in a case that appeals an earlier decision to deny a preliminary injunction on USDA's revised mandatory country-of-origin labeling (COOL).

Earlier this month, the U.S. District Court for the District of Columbia denied a meat industry coalition's request to block the new COOL rule's implementation. The groups are now appealing that ruling.

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, Southwest Meat Association, and Mexico's National Confederation of Livestock Organizations filed the brief.

In the 83-page document, they argue that the trial court should not have accepted the Agricultural Marketing Service's argument that the new rule “is to correct misleading speech and prevent consumer deception” stemming from the 2009 version of the AMS rule, though the groups say that the rule itself does not contain the words “deception” or “misleading.”

“Even putting aside the absurdity of a government agency referring to itself as an agent of ‘deception,’ the District Court should have rejected AMS’s belated declaration because it was a plainly impermissible post hoc rationalization. Yet the District Court accepted it anyway,” the brief reads.

In addition, the groups say in the brief, the District Court incorrectly concluded that AMS has the statutory authority to put forth a final rule in the matter, since, they say, AMS is only authorized to promulgate labeling regulations and has no authority over meat production practices such as commingling of meat from different sources.

The brief also says that the final rule violates the First Amendment, in that the government is compelling speech.

“Appellants’ members are being irreparably injured, right now,” the groups argue in the brief. “They will be injured to an even greater extent once AMS begins enforcing the Final Rule on November 24, 2013. Some may even face enforcement penalties of $1,000 per violating product. This Final Rule should never have issued. Now it should be enjoined.”

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