Food Safety and Inspection Service United States Department of Agriculture Washington, D.C. 20250-3700

Backgrounders

August 2001

Product Labeling: Defining "U.S. Cattle" and "U.S. Fresh Beef Products"

Summary

The U.S. Department of Agriculture’s Food Safety and Inspection Service is seeking public comments on an advance notice of proposed rulemaking on the definition of cattle and fresh beef products for labeling purposes.

The Conference Committee report accompanying the Agriculture Appropriations Act of 2000 directed the Secretary of Agriculture to define which cattle and fresh beef products should be considered products of the United States, and to determine labeling terminology that would best reflect those definitions.

Clarification of the definition of these products, according to the report, would allow U.S. producers who raise and handle cattle from birth to slaughter to better promote those products as "Products of the U.S.A."

Current FSIS labeling rules

FSIS protects consumers by ensuring that meat and poultry products are safe, wholesome, and accurately labeled.

"U.S.A. Beef" and "Fresh American Beef"

Current FSIS regulations allow voluntary labeling of fresh beef products using terms such as "U.S.A. Beef," and "Fresh American Beef." FSIS interprets these terms to mean that the products are derived from cattle born, raised, slaughtered, and processed in the United States or in a specific geographic location in the United States. For example, "Kansas Beef" pertains to beef from cattle that were born, raised, slaughtered and processed in Kansas. All such geographic claims must be substantiated before label approval through records documenting adherence to a producer’s operational protocol, and through testimonials and affidavits.

"Product of the U.S.A" is another labeling term permitted by FSIS. The term is applicable to products that, at a minimum, have been prepared (e.g., sliced, cut, heated) in the United States.

For example, the labels of products made from imported cattle raised in U.S. feed lots, then slaughtered and processed in the United States could include the claim "Product of the U.S.A." The term also applies to products derived from cattle that originated in another country and were slaughtered and processed in the United States, as well as to products slaughtered in another country but processed in the United States.

"Product of the U.S.A." has never been construed by FSIS to refer to product derived only from animals born, raised, slaughtered, and processed in the United States.

For many years, "Product of the U.S.A." has been applied to exported meat and poultry products in order to comply with the recipient’s country-of-origin labeling requirements.

The Federal Meat Inspection Act (FMIA) requires that countries exporting meat products to the United States impose inspection requirements that are equivalent to U.S. requirements. Under this statute, imported meat products are to be treated as "domestic" product upon entry into the United States. All meat products imported into the United States must bear the country of origin on the labeling of the original container in which they are shipped.

If an imported meat product is intended to be sold intact, then it must remain in its original packaging (with the country of origin and foreign establishment number on the label) to the point of consumer purchase. For example, canned ham imported from Denmark and sold intact would bear the label "Product of Denmark."

If imported meat is removed from its original container and packaging and is cut or processed in any way in the United States, the resultant product does not need to bear country-of-origin labeling. For example, ham salad made from imported Danish ham does not need to bear a label identifying the country of origin of the ham. The labeling requirements for the resultant product are the same as for domestic product.

Advance Notice of Proposed Rulemaking

FSIS is seeking comments from consumers, meat producers and processors, retail operators, food service managers, and others on an advance notice of proposed rulemaking (ANPR) pertaining to the definition of "United States cattle" and "United States fresh beef products," and appropriate labeling terminology for such products. An ANPR is a preliminary rulemaking document that initiates the notice and comment process for proposed regulations.

Specifically, FSIS is asking stakeholders:

• Should cattle finished in the United States, but born and raised for a period of time in another country, be considered U.S. products?
• What labeling terminology would most appropriately convey that cattle and fresh beef products are products of the U.S.A.?
• What kinds of verification programs does FSIS need to ensure the truthfulness and accuracy of the labeling term?
• How can industry and FSIS aid consumers in gaining a greater understanding of the suggested terms used to identify U.S. products?

The ANPR is available on the FSIS web site at http://www.fsis.usda.gov/oa/newsinfo.htm.Written comments may be submitted on or before Oct. 1, 2001 to the FSIS Docket Clerk, Docket No. 00-036-A, Room 102 Cotton Annex Building, 300 12^th St., S.W., Washington, DC 20250-3700. All comments submitted will be available for public inspection in the docket clerk’s office between 8:30 a.m. and 4:30 p.m., Monday through Friday.

For Further Information Contact:
FSIS Congressional and Public Affairs Staff
Phone: (202) 720-3897
Fax: (202) 720-5704

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