From: dbwinkler@sdplains.com
Sent: Sunday, July 30, 2006 6:05 PM
To: MarketingClaim
Subject: Grassfed Claim Dacket LS-05-09



Dear Martin O'Conner,
    I am a cattle rancher in western South Dakota.  Our current operation
consists of 18,000 acres and 370 mother cows.  I have a B.S. in Chemistry from
the South Dakota School of Mines and Technology and have done my graduate work
in Biochemistry at Colorado State University.  I am raising some Grassfed Beef
and am interested in this growing branch of the beef industry.  I am writing to
you in reference to Docket No. LS-05-09.  I am also a member of the American
Grassfed Association and I wish to comment on the proposed standards for the
Grassfed Claim.
    The following is my revised proposal for the Grassfed Claim and an
explanation of my changes.

United States Standards for Livestock and Meat Marketing Claims Relating to Live
Animal Production, Grassfed Claim
    Background:  For the purpose of this claim, grass is any edible herbaceous
plant material not containing cereal grain, grain byproducts or concentrate that
can be grazed or harvested for feeding.  This claim applies to ruminant animals
whose sole energy/feed source thoughout their life span is derived from grass
(annual and perennial), forbs (legumes, brassicas), browse, forage, or
stockpiled forages all not containing cereal grain or concentrate.  Hay,
haylage, baleage, silage and ensilage (all not containg cereal grain or
concentrate), and postharvest crop residue may also be included in the feeding
regime.  Consumption of noncereal grain seeds in herbage, forage and browse is
acceptable.  Cereal grain crops may be grazed or harvested in the pregrain green
leaf stage or postgrain harvest.  Grass and/or forage, as defined above, must be
99 percent or higher of the energy source consumed by the animal during its
lifetime, with the exception of milk consumed prior to weaning.  Additionally,
routine mineral and vitamin supplementation is permissible.  Animals must be
pasture confined at all possible times.  Drylot confinement is limited to
handling and emergency situations only.  Intentional feeding of grain, grain
byproducts or concentrates is strictly prohibited.

Claim and Standard
    Grassfed - Grass (annual and perennial), forbs (legumes, bassicas), browse,
forage, or stockpiled forages all not containing cereal grain, grain byproducts
or concentrates shall be at least 99 percent of the energy source for the
lifetime of the ruminant specie, with the exception of milk prior to weaning. 
Grassfed claims will be verified, as provided in 7 CFR part 62, by a feeding
protocol that confirms a grass-based diet that is 99 percent or higher.

An explanation of changes:

    Grassfed should be used in the claim title because the organization
representing the producers of this product is the "American Grassfed
Association".  The word "grassfed" implies an image of this product that is
healthy, wholesome, humane and natural.  An animal living in its natural
environment doing what it was intended to do, EAT GRASS.
    In the first background sentence "not containing cereal grain, grain
byproducts or concentrate" replaces "other than separated grain".  Grassfed
ruminants result in meat that has higher desirable levels of Conjugated Linoleic
Acid (CLA) and omega-3 fatty acids and even small amounts of cereal grains,
grain byproducts or concentrates in their diet can reduce these desirable
levels.
    In the second sentence "all not containing cereal grain or concentrate" was
added for clarification of the no cereal grain or concentrate requirement.
    In the third sentence"(all not containing cereal grain or concentrate)" was
added after ensilage and "without separated grain" was deleted.  It is possible
that separated grain could be present in postharvested crop residue but in very
small amounts (less than 1%).
    Sentence four was changed from "Consumption of seeds naturally attached to
herbage, forage, and browse or grain in the immature stage is acceptable." to
"Consumption of noncereal grain seeds in herbage, forage and browse is
acceptable."  This changes the entire meaning of this sentence.  The word
immature is a slippery slope that could allow corn silage with nearly mature
grain to be fed as grassfed.  This is unacceptable!  Carbohydrate and oil from
nearly mature grain would greatly reduce the levels of CLA and omega-3 fatty
acids.  Noncereal grain seed have very low amounts of carbohydrate and
undesirable oils.  An additional sentence "Cereal grain crops may be grazed or
harvested in the pregrain green leaf stage or postgrain harvest."  This sentence
was added to clarify that corn silage with nearly mature grain is unacceptable!
    In sentence five "as defined above" was added for clarification.
    Sentence six was deleted entirely.  Intentional grain supplementation is
prohibited.  Accidental or inadvertent exposure is covered by the 99%
requirement.
    Because the term  "grassfed" implies that the animal is being raised in a
pasture environment, the following sentences were added: "Animals must be
pasture confined at all possible times.  Drylot confinement is limited to
handling and emergency situations only."
    The sentence "Intentional feeding of grain, grain byproducts or concentrates
is strictly prohibited." was added.  This is what gives the clear distinction to
the claim "GRASSFED".

Sincerely,
David Winkler
P.O.Box 427
Newell, S.D. 57760