What is in this article?:
- Canadian, U.S. and Mexican companies want injunction against COOL
- Arbitrary and capricious
- Injunction sought to stop cool rule changes.
- At issue are COOL final rules proposed by USDA May 24.
The ongoing effort to block final rule changes to USDA's country-of-origin labeling (COOL) program heated up Thursday (July 25) when nine U.S., Canadian and Mexican meat and livestock organizations filed supplemental information in support of a request for a preliminary injunction to halt implementation of the final rules until the full lawsuit is heard.
At issue are COOL final rules proposed by USDA May 24 designed to bring the original labeling program into compliance with World Trade Organization (WTO) requirements. The final rules included changes involving labeling information about where an animal is born, raised, slaughtered and processed.
But the final rules prompted quick response from a number of meat and livestock organizations that charged those rules would make labeling more complicated, costly and would be unfair and discriminatory against Canadian and Mexican meat and livestock companies without providing any additional security to U.S. consumers.
U.S. Agriculture Secretary Tom Vilsack said his agency plans on implementing the final rules in November, but if a preliminary injunction is granted, the rules could not go into effect until the lawsuit is resolved. The court has not yet set a specific timeline or court date for hearings on that lawsuit.
In the information filed July 24, the groups argue the injunction should be granted because they believe a high likelihood exists for success of their case and that enforcement of the rule would cause irreparable harm to the industry and have severe economic impacts that are not in the public interest before the case can be resolved.
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, Southwest Meat Association and Mexico’s National Confederation of Livestock Organizations, which joined the lawsuit this week.
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The plaintiffs specifically assert that they “are very likely to succeed on the merits and the Final Rule will likely be vacated." But if it is not enjoined in the meantime, "the Final Rule will irreparably harm meat-industry participants." Plaintiffs are trade organizations that represent regulated entities facing immediate and substantial burdens and costs under the Final Rule, according to arguments in the information submitted July 24.
The injunction request follows the complaint and outlines the burden to the plaintiffs’ First Amendment speech rights; explains that the rule exceeds the authority granted to
USDA in the 2008 farm bill; and demonstrates that the rule is arbitrary and capricious, offering little benefit to consumers while fundamentally altering the meat and poultry industry.