Your NCBA Update For August

Leadership and Solutions From Your NCBA

August 2008 Edition

Congress has gone back to their districts for the month of August. While winding down during the month of July, Congress held hearings on horse slaughter, energy issues and the Animal Drug User Fee Act. Outside of Congress, USDA released the interim final rule about COOL and NCBA won a court battle for CRP use. Through it all, NCBA continues to be your voice in Washington, D.C. Here are just a few of the ways that NCBA is working for you.

COOL REGULATIONS FINALLY RELEASED: County of Origin Labels (COOL) on beef products will be mandatory as of Sept. 30.  COOL became law as a part of the 2002 Farm Bill, yet implementation had been delayed.  NCBA was instrumental in changes made during the 2008 Farm Bill debate to make COOL more friendly to producers.  In late July, USDA released the interim final rule setting the regulations they are going to use in implementing COOL.  Highlights from these regulations include:

*The use of four labels on beef products:

1. U.S. Product – from animals born, raised and slaughtered in the U.S.

2. Mixed Country of Origin – from animals born in another country but raised and/or processed in the U.S. – this label would read product of U.S. and Country X.

3. Imported for Immediate Slaughter – from animals born and raised in another country but processed in the U.S. – this label would read product of Country X and the U.S.

4. Foreign Product – imported frozen or boxed beef – this label would just list the countries from which it originated.

*Producer requirements:

o  While the rule only applies to retailers and packers, the paperwork burden will be passed along to producers.  NCBA continues to work with our partners at the processing and retail end of the industry to figure out what will be expected of cattle producers.

o  According to USDA’s interim final rule, producers will only be required to use a signed affidavit stating where their cattle are from and how long they have been on their farm/ranch.  Producers participating in the NAIS program will not be required to use an affidavit, because their NAIS tag will serve as the certification of origin.

NCBA is still holding meetings with USDA’s Agriculture Marketing Service (AMS) and our industry partners.  As we know more information, we will be passing it along to you.  Please check the NCBA Web site at www.beefusa.org or call the Washington, D.C. office if you have any questions.

NCBA SCORES VICTORY IN FEDERAL CRP CASE: In late May 2008, U.S. Agriculture Secretary Ed Schafer announced the ability for producers to use ground from the Conservation Reserve Program (CRP) for “critical feed use.”  At the end of June, the National Wildlife Federation filed a suit against USDA in the U.S. District Court in Seattle.  Two weeks later, NWF then filed a Temporary Restraining Order causing all producers to stop utilizing the land.  NCBA, at the request of our members and state affiliates, participated in the lawsuit as a friend of the court on behalf of USDA.

• As a part of the Amici Curiae filed by NCBA, producers highlighted the economic hardships they had incurred by preparing CRP ground for haying and grazing and then being forced to abandon those investments.
• At a July 17 hearing, the judge ordered USDA and NWF to reach a compromise on the land use.  The following week, July 24, the judge announced his final decision.  While USDA lost its case for failing to follow the proper procedures in releasing the ground under the National Environmental Policy Act (NEPA), the judge did say that producers who had already been approved could resume haying or grazing, while those who had already submitted their applications would be considered for approval, and those who have made a significant investment of $4,500 or more could be considered for approval as well.  The judge also put an ending date for haying as Sept. 30 and grazing as Oct. 15.
• NCBA participated in this suit along with Idaho Cattle Association, Iowa Cattlemen’s Association, Kansas Livestock Association, Nebraska Cattlemen, New Mexico Cattle Growers, Oklahoma Cattlemen’s Association, Texas and Southwestern Cattle Raisers, Texas Cattle Feeders Association, Washington Cattlemen’s Association, Washington Cattle Feeders Association, the American Farm Bureau Federation and the National Pork Producers Council.

CONGRESS TAKES ANOTHER STAB AT PREVENTING HORSE SLAUGHTER:  In mid-July, Congressman John Conyers (D-Mich.) introduced H.R. 6598, the “Prevention of Equine Cruelty Act of 2008.” This bill would set a criminal penalty of up to three years in prison for anyone owning, buying, selling, transporting or even possessing a horse with the intent of slaughtering that horse for human consumption.  Also, H.R. 6598 requires that these cases be tried by the U.S. attorney general, who is also charged with finding humane placements for the horses they confiscate. 

   * On July 31, the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security held a hearing on H.R. 6598.  This was not a legislative hearing and no vote was taken, but it was still an important hearing.

   * The last of the United States’ three horse slaughter plants closed last fall.  All three plants have been shut down due to state law prohibiting the slaughter of horses for human consumption.

   * While Congress has attempted to ban the slaughter of horses in numerous other bills, this is the first bill that would set criminal penalties for just having the intent of selling a horse for slaughter for human consumption.

NCBA will continue to work against this, and all bills, that would take away your ability to handle your horses.

NCBA continues to work as your voice in Washington, D.C.  To contact Congress on these and other issues that are important to U.S. cattle producers, visit http://capwiz.com/beefusa.