USDA Strengthens Enforcement Rules for Livestock Mandatory Reporting and COOL Programs

On August 8, 2017, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced that the agency has issued a final rule that permits USDA to impose civil penalties against violators of the Livestock Mandatory Reporting (LMR) and the Country of Origin Labeling (COOL) regulations. AMS stated that the announced final rule extends the current rules under the Agricultural Marketing Act of 1946, as amended, to include LMR and COOL violations. AMS asserted that when there is a failure "to meet the LMR reporting requirements it impacts the ability of AMS to publish timely and reliable livestock information that the industry relies upon." Accordingly, under the new final rule, USDA now has the ability to enforce compliance through the imposition of up to $10,000 in penalties for each violation of an LMR regulation. Regarding COOL, the program is intended to provide consumers with information regarding the origin of many foods. To achieve that objective, the final rule authorizes the imposition of fines against covered retailers or individuals that willfully violate COOL regulations. The announced final rule became effective upon its publication in the Federal Register on August 9, 2017