Mirror of Justice

Coachella Valley & Imperial Valley Agricultural Attorney Looks at the New Country of Origin Labeling Law (cool) and How it Will be Applied

July 14th, 2009 at 08:58am Under Consumer Law

No matter where you live in California, whether it is in a farming or agricultural area or city such as the Coachella Valley, the Imperial Valley, San Diego, CA, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Orange County, Anaheim, Camarillo, Irvine, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Santa Barbara, Santa Ynez, Ventura, La Jolla, Del Mar, San Marcos, Encinitas, Solana Beach, Fallbrook, Pacific Beach, El Cajon, Chula Vista, or Escondido, you will be pleased to see a change at the grocery store when you buy food and drink, or agricultural products.

The change has to do with the law. No, California agricultural lawyers won’t be in the produce aisle. And California food and drink or regulatory attorneys won’t be lurking near the frozen foods. California personal injury attorneys won’t be looking for slip and fall accident victims. But the change will please customers nonetheless. 

Until now, most consumers had no idea from which country the food they were eating came from. With the new COOL (Country of Origin Labeling) law taking effect after September 30, 2008, all that will change, with a few exceptions and a few quirks.

After years of lobbying for delays by grocery lobbying groups who argued the law would be too costly to implement, and who lobbied for delays, COOL has at last taken effect.

Now when you buy that apple, pick up a package of most meats, or bag a head of lettuce, you will be able to glean from either a label, sticker or notice of some kind what country it came from. Unfortunately, as of yet, the law does not extend to dairy products and with the milk scare from China, one can hope that calls for it to be expanded to include these products will be heeded.

The law also does not apply to organ meats such as heart, liver or kidney but how many households see those meats on the dinner table?The law also provides exceptions for processed foods such as bacon or everyone’s favorite, Spam, foods that are mixed together such as peas and carrots, but it’s likely to help consumers feel much safer in being able to avoid food from certain countries, especially during food poisoning outbreaks, and feel better able to buy American if they want to.

The law was established in the 2002 Farm Bill, but was successfully delayed by lobbying groups until now. Concern about unsafe imports from China and elsewhere finally overcame food industry efforts to delay it. It was amended in the 2008 Farm Bill to include more foods. Retailers have six months to get to know the regulations and come into compliance (so there’s a grace period here). Then the government is supposed to announce a final set of regulations incorporating seafood and shell fish regulations already in effect.

The law makes one think that lobbying efforts may be the reason for some of the strange distinctions in COOL. For instance macadamia nuts are included, but not walnuts. Did the walnuts have a better lobbyist than the macadamia nut lobbyist, or was the macadamia state senator absent when the Farm Bill was passed?

There are also exceptions in COOL for butchers, fish markets, restaurants, restaurants in hotels, school cafeterias, and small retailers. Additionally if spices, sauce or breading has been added, no labeling is required. Though not exactly food, the law also does not apply to pharmaceuticals, though there are calls to extend the law to them. Produce mixed in displays may simply be labeled as being “from two or more countries of origin.”

Consumers are likely going to be surprised when they see how much of their food is imported. “I’ve been eating what?” and “This comes from where?” will likely be heard by check out clerks as consumers stand in line and look over the new labels.

COOL has long been a goal of U.S. farmers and ranchers who believe that identifying foreign food imports may encourage shoppers and manufacturers to buy more U.S. foods. Meat packers, on the other side of the barbed wire, opposed COOL citing the costs it will involve in its implementation.

But as this country’s economic crisis grows, shoppers may be more and more inclined to buy American not just for safety but to help other Americans. Who nicer to help than American farmers?

Lawmakers and consumer groups are angry that the USDA seems to be attempting to evade congressional intent by allowing steaks and other meat cuts to be labeled with multiple country of origin labels. Congress only intended that exception for ground beef or for animals raised in more than one country. It has been said that there is a chasm of difference between the statutory language that was passed by Congress and the rule allowing multiple of country origin labels drafted by the USDA.

It has been suggested by some that it was meat packers who didn’t want the obligation to sort out cattle from Canada and Mexico, who are the reason why at least to start, beef may be labeled with just a North American country of origin label, as opposed to a U.S. country of origin label. Sadly, with this country’s lack of geographical knowledge (just watch Jay Leno when he asks people on the street where Canada is), many people will assume that “North American” means that the beef couldn’t possibly have come from outside the U.S., much less Mexico.

Consumer advocacy groups hope that the USDA will make rule changes as it receives more feedback. Thirty-one Senators, including Barack Obama have already written the Agriculture Secretary calling for more restrictive meat labeling rules. U.S. Cattlemen have also asked the USDA to address the loophole for beef and see that the statute is faithfully implemented.

There are other discrepancies with how the law will be applied. Fish caught off the coast of Alaska by a Chinese or Japanese owned ship may be labeled as a product of China or Japan. Beef raised in another country that spends 30 days in a feed lot in the U.S. can be labeled as coming from the U.S.

Retailers are given discretion how they label the food. Meat counters, for instance, may simply list all the countries where the meat is produced, or they can label each cut. Hamburger will still likely give the consumer pause as meat that is ground up may come from numerous countries.

Since all chicken and goat consumed in the U.S. comes from the U.S., the chicken and goat industries asked to be included in the law.

Once compliance goes into effect, businesses may be fined $1,000 per violation. The law is expected to cost at least $2 billion to implement.

If you have an agriculture, food & wine or agricultural issue in the Coachella Valley, San Diego, Palm Springs, Orange County or anywhere in Southern California, we have the knowledge and resources to be your Coachella Valley Agriculture Lawyers, and Palm Desert and Newport Beach Food & Wine Attorneys. For this reason, be sure to hire a California law firm with agriculture lawyers who can represent you from Brawley to El Centro, Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Santa Ynez, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have an agricultural or food and wine issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

La Quinta Business Lawyer’s Top Ten Things That Sarah Palin Would Change About the Constitution

July 13th, 2009 at 02:57am Under Constitutional Law

Here is La Quinta Business Lawyer Sebastian Gibson’s Top Ten:

1.The Vice President is in charge of the Senate.

 

2. The President must be a woman.

 

3. No more interviews of politicians.

 

4. The democratic party is outlawed.

 

5. Only one news channel – Fox News.

 

6. Any more fake calls from disc jockeys pretending to be the President of France and Canada is out of NAFTA, whatever those initials stand for in the constitution.

 

7. All turkeys are pardoned.

 

8. Snowmobiles should be used in place of cars throughout the U.S.

 

9. Anytime a woman is elected governor in Alaska, she automatically becomes the President two years later.

 

10. Rewrite the whole darn constitution with PTA moms in charge this time.

 

Now here is everything (well, almost everything) you need to know in businessabout environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words La Quinta business lawyer or La Quinta business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as La Quinta business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in La Quinta – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified La Quinta environmental attorney.

 

2. La Quinta International, Shipping and Maritime Law – A La Quinta international attorney with years of international legal education and experience such as you’ll find at our La Quinta law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a La Quinta international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between La Quinta international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. La Quinta Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a La Quinta election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. La Quinta Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a La Quinta consumer lawyer is immediately in order to avoid being scammed, or defrauded. A La Quinta consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a La Quinta consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in La Quinta – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a La Quinta constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Food and Wine Law, Hotel and Restaurant Law in La Quinta – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a La Quinta food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

7. La Quinta Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a La Quinta estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in La Quinta – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a La Quinta agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in La Quinta – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our La Quinta law firm stands ready to defend them

 

10. La Quinta Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our La Quinta personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in La Quinta, Palm Springs, Palm Desert, Coachella, Rancho Mirage, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our La Quinta law firm has the knowledge and resources to be your La Quinta Lawyers and your La Quinta Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in La Quinta or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a La Quinta attorney from our offices can assist you.