News Update
Dec. 23, 2009

California Court of Appeals Says Federal Meat Inspection Act Preempts State Law

The Court of Appeals for the Fourth Appellate District in California yesterday affirmed that the Federal Meat Inspection Act explicitly preempts a California state law with respect to meat products such that warning labels may not be applied to or posted near federally inspected meat products. 

This ruling prohibits California from requiring the use of warning labels on or at point of purchase near meat products that may contain a substance listed under the state’s Proposition 65 labeling law. The most widely known Proposition 65 warning is carried on all wine products sold in California and posted on walls in establishments that sell wine.

The American Meat Institute (AMI) originally brought this case in 2005, noting that several United States Secretaries of Agriculture, dating as far back as Richard Lyng in 1987, have clearly and properly asserted federal preemption with respect to Proposition 65.

In its opinion in American Meat Institute, et al v. Whitney Leeman, the court wrote, “Common sense establishes that the goal of protecting the health and welfare of consumers is advanced by ensuring that the meat is properly labeled at all points in its travel from the slaughterhouse to the kitchen, including during the period that it is offered for sale by a retailer.  We see no reason why the FMIA’s (Federal Meat Inspection Act) preemption of additional or different state requirements should apply only to those materials that will remain with the product when it is being used.” Following that logic, the court concluded that “because (1) point of sale warnings are ‘labeling’ within the meaning of the FMIA, and (2) there is no dispute that the warnings required by Proposition 65 are ‘in addition to, or different than’ the labeling required by the FMIA … we conclude that the trial court properly ruled that Proposition 65’s point of sale warning requirements with respect to meat are preempted by the FMIA.”

“We are pleased that the Court of Appeals has upheld the view of the American Meat Institute and of several U.S. Secretaries of Agriculture,” said AMI President J. Patrick Boyle. “Federal labeling requirements provide the necessary information to inform consumers about the meat products they purchase. The court has agreed with our view that state laws that conflict with federal laws will confuse the consumer and should be preempted.”

The National Meat Association was a co-plaintiff in the action. 

To view the opinion, click here: http://www.meatami.com/ht/a/GetDocumentAction/i/56125.

— Release provided by AMI.

Southwest Beef Symposium Offers Cattle Producers Tools for Better Management

Cattle producers can expect to receive the tools they need to better manage their herds at the 2010 Southwest Beef Symposium, Jan. 20-21 in Tucumcari.

The Southwest Beef Symposium is a joint effort between the New Mexico State University (NMSU) Cooperative Extension Service and Texas AgriLife Extension. The symposium provides decision-making tools to beef producers in the Southwest.

“At the symposium we are going to have a number of nationally recognized guest speakers address animal welfare issues facing the beef industry today. These speakers will provide insight on how cattle producers can tell their true story of beef production and animal care in a manner that consumers understand,” said Clay Mathis, an Extension livestock specialist. “We are going to talk about animal welfare practices and management throughout the beef industry.”

Producers can attend the stockmanship and stewardship session taught by Ron Gill and Curt Pate. The session offers a unique approach, with live cattle demonstrations to teach effective stockmanship skills and inform cattle producers about the importance and benefits of proper cattle handing. The techniques capitalize on improvements in the performance of livestock and of the critical role of proper cattle handling in increasing consumer confidence in beef.

Cattlemen will receive a “toolbox” of ideas that will help them sort through and identify the values of technologies in cattle nutrition, health diagnostics, genetics and financial risk management. Plus, Dale Blasi, of Kansas State University, will present a special session on stocker cattle health and management.

Jason Henderson, the executive vice president of the U.S. Federal Reserve Bank in Omaha, Neb., will speak about the country’s economy and its effect on the agriculture industry.

Lowell Catlett, dean of NMSU’s College of Agricultural, Consumer and Environmental Sciences will also be a guest speaker at the event.

“The purpose of this symposium is to provide producers more tools and better decision-making skills to manage their operations,” Mathis said.

The symposium is from Jan. 20-21 at the Tucumcari Convention Center. The cost to attend the event is $50 per person. Preregistration is required by Jan. 5.

For questions about the symposium or if you are an individual with a disability who is in need of an auxiliary aid or service to participate, contact Mathis by Jan. 5 at 575-646-8022. For information about the Southwest Beef Symposium, including the agenda and registration form, visit http://aces.nmsu.edu/ces/swbeef/.

— Release by NMSU Cooperative Extension Service.

ISU Resources for Managing Livestock Financial Issues Brought to One Web Page

At a time when Iowa livestock producers continue to grapple with the tough economy, Iowa State University (ISU) Extension wants to make it easier for producers to find ISU educational resources they need.

“We want livestock producers to easily find ISU people and information that can help them work through year-end financial issues and develop financial plans for next year,” said John Lawrence, ISU Extension livestock economist. “We know many producers are feeling financial and emotional stress, so we have placed our materials on one web page for their convenience.”

The new web page, Managing Financial Tough Times for Livestock Producers, at www.extension.iastate.edu/livestock/managingFinancialLivestock.htm, has materials organized on seven sub-pages — Iowa Concern; Ag Decision Maker; Center for Agricultural Law and Taxation; financial management tools specific to beef, dairy and pork producers; and tips to help parents talk to kids about the financial situation.

The “Iowa Concern” page brings forward legal, financial and emotional support by providing a toll-free number, Web chat, frequently asked questions on its web site. “We can help producers understand that it was market forces that created this situation, not errors in management on their part,” said John Baker, Iowa Concerns attorney. “Many will need to learn to communicate in new ways and to communicate well as they deal with the tremendous stress caused by this situation.”

“What Do We Tell the Kids?” is a presentation linked to the new site that covers a topic related to livestock financial crisis, but not often discussed. “It is important that families know how to keep communications open and honest,” said Larry Tranel, material presenter.

The “Center for Agricultural Law and Taxation” page has links to livestock financial issues information on the topics of bankruptcy, civil liabilities, contracts, insurance and secured transactions. The financial management section provides Ag Decision Maker files and tools that are specific to livestock economics.

Species-specific information has been pulled from ISU Extension center resources for beef, dairy and pork. “We didn’t create new material for the “Managing Financial Tough Times” web page,” Lawrence said. “We have pulled from our vast resources the information that is most pertinent during these times and organized them in a way producers will find easy to use.”

The Managing Financial Tough Times for Livestock Producers web page is one way ISU Extension is helping Iowans through this economically difficult time. Other ISU Extension efforts include the “Managing Tough Times” web site at www.extension.iastate.edu/toughtimes/ and videos that explain programs such as the farm financial assistance program http://video.extension.iastate.edu/2009/08/12/farm-financial-planning-program/.

— Release by ISU Extension.

Important Update on Fawn Calf Syndrome

The American Angus Association, Jon Beever of the University of Illinois and David Steffen of the University of Nebraska provide reports to the membership. Click here to read.

Merry Christmas from Angus Productions Inc.!

The American Angus Association and Angus Productions, Inc. will be closed Thursday and Friday, Dec. 24-25, in observance of Christmas.