IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: No inception date

Technical barrier to trade

Senator Al Franken (Democrat of Minnesota) and four other senators introduced the 'Dairy COOL Act' (S.831) on April 14, 2011. The bill would require country of origin labeling (COOL) on liquid milk, cheese, yogurt, ice cream, butter, and 'any other dairy product.' Retailers would be required to display the country of origin of each dairy ingredient or component, as well as the country of origin of the processing of a covered dairy product or component. A dairy product, or product containing dairy ingredients produced entirely in the United States need only identify U.S. origin and does not require further designation of state, region or other sub-national identification.
Imported dairy products are already required to identify the country of origin. This bill would extend COOL to the ingredients list. Franken originally introduced this bill in the 111th Congress (2009-2010) as S.1783. It was referred to the Agriculture Committee, which took no action on the measure.
The International Dairy Foods Association (IDFA) has already expressed concern about the proposal. According to the IDFA, the measure could merely encourage manufacturers of processed dairy products to 'substitute vegetable based or other protein ingredients instead of dairy ingredients' in order to minimize the burdensome labeling requirements. The group also is worried that, if it were to become law, it could invite retaliation by countries that import U.S. products that contain dairy ingredients.
The bill has not garnered the support of the National Milk Producers Federation (NMPF). Like the IDFA, the NMPF objects to the bill's use of 'vague' terminology. Chris Galen of NMPF also pointed out that the new COOL for meat, currently under challenge by Canada and 13 third parties in the World Trade Organization (DS384) 'is an indication of the challenges involved in this type of labeling.'
The bill has been referred to the Senate Agriculture, Nutrition and Forestry Committee, of which two cosponsors are members. The committee is currently beginning work on a new five-year farm bill, but it is not known as of this report what the chances are for incorporation of the measure into a final bill.

AFFECTED COUNTRIES

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AFFECTED SECTORS AND PRODUCTS

023 Eggs of hens or other birds in shell, fresh
0407 Birds' eggs, in shell, fresh, preserved or cooked.
040719 Other
040721 Of fowls of the species Gallus domesticus
029 Other animal products
0409 Natural honey.
040900 Natural honey.
0410 Edible products of animal origin, not elsewhere specified or included.
041000 Edible products of animal origin, not elsewhere specified or included.
221 Processed liquid milk, cream & whey
0401 Milk and cream, not concentrated nor containing added sugar or other sweetening matter.
040120 Of a fat content, by weight, exceeding 1 % but not exceeding 6 %
040150 Of a fat content, by weight, exceeding 10 %
0404 Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included.
040410 Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter
222 Other dairy products
0402 Milk and cream, concentrated or containing added sugar or other sweetening matter.
040221 Not containing added sugar or other sweetening matter
040229 Other
040291 Not containing added sugar or other sweetening matter
040299 Other
0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa.
040310 Yogurt
040390 Other
0404 Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included.
040490 Other
0405 Butter and other fats and oils derived from milk; dairy spreads.
040510 Butter
040520 Dairy spreads
040590 Other
0406 Cheese and curd.
040610 Fresh (unripened or uncured) cheese, including whey cheese, and curd
040630 Processed cheese, not grated or powdered
040640 Blueveined cheese and other cheese containing veins produced by Penicillium roqueforti
040690 Other cheese
239 Food products n.e.c.
0408 Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter.
040819 Other
040899 Other

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