The Bush administration has finalized yet another last-minute regulation that is drawing fire from public interest advocates. The regulation establishes rules for country-of-origin labeling for certain types of foods. Although country-of-origin labeling, or COOL for short, represents positive movement in the food safety arena, the Bush regulation leaves unfortunate loopholes.

COOL not only makes perfect sense, it can serve as a critical safeguard. (Remember this summer's salmonella outbreak, when the FDA spent months trying to track down tainted jalapenos while consumers were left in the dark?) That's why Congress required USDA to issue new regulations in the 2008 Farm Bill. Andrew Schneider at the Seattle Post-Intelligencer provides the details:

The rule covers muscle cuts and ground beef, lamb, chicken, goat and pork; wild and farm-raised fish and shellfish; perishable agricultural commodities, specifically fresh and frozen fruits and vegetables; macadamia nuts; pecans; ginseng; peanuts and honey. Picture

The regulations demand that items covered under COOL must be labeled before they reach store shelves to indicate precisely where the food came from. For fish and shellfish, the method of production -- wild or farm-raised -- must be specified.

The controversy has arisen over USDA's definition of processed food items which are exempt from the labeling requirements. The regulation exempts foods if processing would "change the character" of the food item, if the item is combined with some other food item, or if the item is cooked, cured, or smoked.

The consumer advocacy group Food and Water Watch is among the critics:

Given the recent scandals about the safety of imported food, it is unacceptable that the rule was approved with an overly broad definition for which foods are 'processed.' This definition exempts from labeling over 60 percent of pork, the majority of frozen vegetables, an estimated 95 percent of peanuts, pecans, and macadamia nuts, and multi-ingredient fresh produce items such as fruit salads and salad mixes. It is inexcusable to exempt so much food from this basic labeling requirement just because one ingredient has been added or because something has been roasted or cooked.

The COOL regulation comes after the deadline to make rules both final and effective. By law, agencies must wait 30 or 60 days (in this case, 60 days) before considering rules to be in effect. By making sure his administration's most controversial rules are in effect, President Bush will prevent the incoming Obama administration from reevaluating and/or reversing any Bush-era regulations.

President Bush is trying to prevent President Obama from doing to him what he did to President Clinton. The Clinton administration published many rules in the Federal Register in January 2001, just days before leaving office. Because those rules were not yet effective, the incoming president, George W. Bush, took a second look at those rules and suspended many of them. Although Bush's move was of questionable legality, it was never challenged in court.

But the COOL regulation does not take effect until March 16. That may give the Obama administration a chance to strengthen the rule by providing a clearer definition of processed foods.