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President Signs FY 2006 USDA, FDA, Etc. Appropriations Bill Into Law

On November 10, 2005, President Bush signed into law the conference version of H.R. 2744, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Public Law (P.L.) 109-097).

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P.L. 109-097 would provide fiscal year (FY) 2006 funding for, among things, the U.S. Department of Agriculture (USDA), including the Food Safety and Inspection Service (FSIS) and the Animal and Plant Health Inspection Service (APHIS), as well as the Food and Drug Administration (FDA).

Highlights of P.L. 109-097's trade-related provisions include (partial list):

Mandatory country of origin labeling for certain meat, produce, and peanuts delayed until September 30, 2008.P.L. 109-097 delays mandatory country of origin labeling for subject meat, produce and peanuts until September 30, 2008 (from September 30, 2006).

(The Farm Security and Rural Investment Act of 2002, Public Law (P.L.) 107-171 required certain retailers of specified commodities to inform consumers at the final point of sale of the country of origin of those commodities, effective for retail sales of such commodities beginning September 30, 2004 (see below for details on effective date delay for certain commodities). The commodities subject to the new country of origin requirement include: (a) muscle cuts of beef, lamb, and pork; (b) ground beef, lamb, and pork; (c) certain perishable agricultural commodities (i.e., fresh fruits and vegetables, whether or not frozen or packed in ice, and certain cherries in brine); (d) farm-raised fish; (e) wild fish; and (f) peanuts.

The FY 2004 Omnibus Appropriations Act delayed the mandatory COOL for subject meat, produce and peanuts until September 30, 2006, but not for farm-raised and wild fish, which remained subject to the original September 30, 2004 effective date.)

Trade-related funding provisions. Highlights of trade-related funding provisions in the conference version of H.R. 2744 include (partial list):

  • $815,461,000 would be appropriated for the APHIS salaries and expenses to prevent, control, and eradicate pests and plant and animal diseases, to carry out inspection, quarantine, and regulatory activities, etc.;
  • $837,756,000 would be appropriated for necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not less than $753,252,000 for Federal food safety inspection;
  • $11,940,000 would be appropriated for ocean freight differential costs for the shipment of agricultural commodities under title I of the Agricultural Trade Development and Assistance Act of 1954 and under the Food for Progress Act of 1985;
  • $1,828,567,000 would be appropriated for FDA salaries and expenses; and
  • None of the funds appropriated by this Act could be used to carry out section 410 of the Federal Meat Inspection Act (21 USC 679a) or Section 30 of the Poultry Products Inspection Act (21 USC 471).

P.L. 109-097 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h2744enr.txt.pdf.