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2006P-0394 Exhibit 1 - Scrambled Labels: Egg Production in the United States, Consumers Union, at http://www.ecolabels.org/feature.cfm?FeatureID=1&isPast=1 (last visited Sept. 8, 2006). Published Material Exhibit 2 - Laying Out the Facts, Golin/Harris International, 2004, at http://www.meatami.com/Content/PressCenter/AnimalCarePresentations/Head.pdf (last visited Sept. 18, 2006) Published Material Exhibit 3 - Free Farmed Certification Questions & Answers, American Humane Association, at http://www.americanhumane.org/site/PageServer?pagename=pa_farm_animals_ff_q_and_a (last visited Sept . 8, 2006) (citing 1999 survey by Animal Industry Foundation) Published Material Exhibit 4 - Poll: U.S. Citizens Support Humane Treatment for Egg-Laying Hens, Reuters, CNN, Sept . 20, 2000, at http://archives.cnn.com/2000/FOOD/news/09/20/food.hens.reut/index.html (last visited Sept. 11, 2006) Published Material Exhibit 4A - E-mail from Rebecca Wittman, Zogby International, to Gene Bauston, President, Farm Sanctuary (Sept. 18, 2000) Exhibit 5 - Industry History, United Egg Producers Certified, at http://www.uepcertified.com/industryhistory.html (last visited Sept. 8, 2006) Published Material Exhibit 6 - 67 Fed. Reg. at 79,553 (closing comment period on March 31, 2003) Exhibit 7 - Tariff and Non-tariff Barriers, Int'l, Egg & Poutry Rev. (U.S. Dep't of Agric.), Nov. 13, 2001 at 1, available at http://www.ams.usda.gov/POULTRY/mncs/InternationalPoultryandEgg/2001Reports/x111301.pdf (last visited Sept. 11, 2006) Exhibit 8 - Working Agreement Between FTC and FDA, 4 Trade Reg. Rep. (CCH) 9,850.01 (1971) Exhibit 9 - Enforcement Policy Statement on Food Advertising, FTC, May, 1994, at 2, available at http://www.ftc.gov/bcp/policystmt/ad-food.htm (last visited Sept. 11, 2006) Exhibit 10 - Food labels can be misleading, Consumer Rep.,
Feb. 2006, at http://www.consumerreports.org/cro/food/organic-products-206/food-labels-can-be-misleading/
(last visited Sept. 8, Exhibit 11 - Amanda Paulson, As 'organic' goes mainstream, will standards suffer?, Christian Sci. Monitor, May 17, 2006, available at http://www.csmonitor.com/2006/0517/p13s01-lifo.html (last visited Sept . 8, 2006) Published Material Exhibit 12 - Melinda Fulmer, Eco-labels on food called into question, L.A. Times, Aug. 16, 2001, at C1, available at http://www.organicconsumers.org/Organic/ecolabel082801.cfm (last visited Sept. 8, 2006) Published Material Exhibit 13 - Farm Sanctuary, Farm Animal Welfare: An Assessment of Product Labeling Claims, Industry Quality Assurance Guidelines and Third Party Certification Standards 8 (2005) Exhibit 14 - Sauder's Egg Carton Image Exhibit 14B - Caged Hens/Eggs, Sauder's Eggs, at http://www.saudereggs.com/caged_hens.html (last visited Sept. 19, 2006) Published Material Exhibit 15 - Harris Teeter "All Natural Eggs" Egg Carton Image Published Material Exhibit 15A - HT Difference Products: HT Naturals Eggs, Natural, Harris Teeter, at http://www.harristeeter.com/default.aspx?pageId=302&productid=252 (last visited Sept. 11, 2006) Published Material Exhibit 16 - Farm Fresh "Animal Friendly" claim on in-store poster, Farm Fresh Supermarket Image of In-store Poster, "AA Eggs" Published Material Exhibit 17 - Farm Fresh Supermarket, at http://www.farmfreshsupermarkets.com/ (last visited Sept . 8, 2006) Published Material Exhibit 18 - Giant "Nature's Promise" Omega-3 Natural Brown Eggs Carton Image Exhibit 19 - Giant Brands: Welcome!, GIANT, at http://www.giantfood.com/brands/natures_promise.htm (last visited Sept. 19, 2006) Published Material Exhibit 20 - List of Plants Operating under USDA Poultry and Egg Grading Programs, AMS AT USDA, at http://www.ams.usda.gov/plantbook/Query_Pages/plant_results.asp (last visited Sept. 19, 2006) Exhibit 21 - Ranch Pak Eggs, Olivera Egg Ranch Egg Carton Image Exhibit 22 - List of Plants Operating under USDA Poultry and Egg Grading Programs, AMS AT USDA, at http://www.ams.usda.gov/plantbook/Query_Pages/plant_results.asp (last visited Sept. 11, 2006) Exhibit 23 - Matt King, Free Range Ranch Plans, The Gilroy Dispatch, August 23, 2005, available at http://www.gilroydispatch.com/news/contentview.asp?c=166871 (last visited Sept. 8, 2006) Published Material Exhibit 24 - Davidson's Safest Choice Egg Carton Image Exhibit 25 - Why Pasteurized Shell Eggs, Davidson's Safest Choice: National Pasteurized Eggs, at http://www.safeeggs.com/why_our_egg/index.html (last visited Sept. 11, 2006) Published Material Exhibit 26 - Sales, Rose Acre Farms, at http://www.roseacre.com/sales.html (last visited Sept. 8, 2006) Published Material Exhibit 26 A - Rose Acre Farms, http://www.roseacre.com/eggfaq.html (last visited Sept. 21, 2006) Published Material Exhibit 27 - Egg Products, Wilcox Family Farms, at http://www.wilcoxfarms.com/cagefree.html (last visited Sept. 8, 2006) Published Material Exhibit 28 - Egg Products: Vita Egg, Wilcox Family Farms, at http://www.wilcoxfarms.com/vitaegg.html (last visited Sept. 14, 2006) Published Material Exhibit 29 - Safeway "Lucerne Eggs" Carton Image Exhibit 30 - List of Plants Operating under USDA Poultry and Egg Grading Programs, AMS at USDA, at http://www.ams.usda.gov/plantbook/Query_Pages/plant_results.asp (last visited Sept. 11, 2006) Exhibit 31 - Fact Sheet: Ohio Fresh Eggs Draft Permits to Install and Draft Permits to Perate for Croton Egg Farm, Ohio Department of Agriculture, Nov. 5, 2003, at http://www.ohioagriculture.gov/pubs/divs/lepp/curr/lepp-fs-ohiofresheggsr-110503.stm (last visited Sept. 11, 2006) Exhibit
32 - Elise Golan, Fred Kuchler & Lorraine Mitchell,
Economics of Food Labeling, Agricultural Economics Report, U.S.
Dep't of Agric., Number 793 (2000) at 16, reprinted in Elise
Golan, Fred Kuchler & Lorraine Exhibit 33 - David Blandford & Linda Fulponi, Emerging Public Concerns in Agriculture: Domestic Policies and International Trade Commitments, 26(3) Eur. Rev. of Agric. Econ., at 409 (1999) Exhibit 34 - 65 Fed. Reg. 76092-01 (Dec . 5, 2000) (to be codified at 21 C.F.R. Pt. 16, 101, 115) Exhibit 35 - Umbra Fisk, Rambled Eggs, Grist Magazine, Mar. 22, 2006, available at http://www.grist.org/advice/ask/2006/03/22/free-range/index.html, (last visited Sept. 11, 2006) Published Material Exhibit 36 - Cage-Free Over Easy Please - Are Designer Eggs What They're Cracked up to be? Health Magazine, March 2003, available at http://www.pfda.com/prodServices/Healthcare/ArticleOfMonth.asp?ArticleID=261, (last visited Sept. 11, 2006) Published Material Exhibit 37 - Claim some eggs falsely labeled 'free range.' ABC News Outline, July 23, 2006, available at http://www.abc.net.au/news/newsitems/200607/s1694200.htm, (last visited Sept. 11, 2006) Published Material Exhibit 38 - Office of Policy, Program, and Employee Development, Food Safety and Inspection Service, United States Department of Agriculture, Animal Production Claims Outline of Current Process, available at heep://www.fsis.usda.gov/OPPDE/larc/Claims/RaisingClaims.pdf (last visited Sept. 11, 2006) Exhibit 39 - Food Safety Inspection Safety Inspection Service, United States Department of Agriculure, Fact Sheets: Meat and Poultry Labeling Terms, at http://www.fsis.usda.gov/Fact_Sheets/Meat_&_Poultry_Labeling_Terms/index.asp, (last visited Sept. 11, 2006) Exhibit 40 - Food Safety Inspection Service, United States Department of Agriculture, Using the Claim "Certified Organic by..." On Meat and Poultry Product Labeling, at http://www.fsis.usda.gov/OA/background/organic.htm (last modified Mar. 2, 2000) Exhibit 41 - Born Free Egg Carton Label Image Published Material Exhibit 41A - Born Free All Natural, Radlo Foods, at http://www.radlo.com/bfAllNaturalEggs.html (last visited Sept. 11, 2006) Published Material Exhibit 42 - 58 Fed. Reg. 2407 (Jan. 6, 1993) Exhibit 44 - Fresh Calls for Welfare Labels, Farmer's Weekly Interactive, Jun. 19, 2006, at http://www.fwi.co.uk/Articles/2006/06/19/95387/Fresh+calls+for+welfare+labels.html (last visited Sept. 11, 2006) Published Material Exibit 45 - Report on Welfare Labeling, Farm Animal Welfare Council ("FAWC"), Jun., 2006 Published Material Exhibit 46 - International - Egg Labeling, Royal Society for
the Prevention of Cruelty to Animals ("RSPCA"), at Exhibit 47 - "Table eggs" are defined as "eggs consumed as shell eggs, as opposed to eggs that are used to make egg products." Prevention of Salmonella Enteritidis in Shell Eggs During Production, 69 Fed. Reg. 56824, at 56827 (Sept. 22, 2004) (Codified at 21 C.F.R. pt. 16, 118) Exhibit 48 - Don Bell, Table Egg Layer Flock Projections and Economic Commentary (2003), available at http://animalscience.ucdavis.edu/Avian/uepeconmemo203.htm (last visited Sept. 8, 2006) Published Material Exhibit 49 - Egg Carton Labeling, USDA (2006), at http://www.ams.usda.gov/poultry/consumer/labelingexplained.htm (last visited Sept. 11, 2006) Exhibit 50 - "Certified Humane, Humane Farm Animal Care, available at http://www.certifiedhumane.org/ (last visited Sept. 11, 2006) Published Material Exhibit 51 - Farm Animals: What does `Free Farmed' Mean?, American Humane, available at http://www.americanhumane.org/site/PageServer?pagename=pa_farm_animals_ff_mean (last visited Sept. 11, 2006) Published Material Exhibit 52 - Chickens and Eggs 2004 Summary, USDA (2005), available at http://usda.mannlib.cornell.edu/reports/nassr/ppoultry/pec-bbl/lyegan05.pdf (last visited Sept. 8, 2006) Published Material Exhibit 53 - A. Elson, The laying hen: systems of egg production, Welfare of the Laving Hen. (Perry GC ed., CABI Publishing 2004) Published Material Exhibit 54 - Richard Bennett & D. Larson, Contingent valuation of the perceived benefits offarm animal welfare legislation: An explanatory survey, 47(2) Journal of Agricultural Economics 224 at 229-231 (1996) Published Material Exhibit 55 - Richard Bennett, Farm animal welfare and food policy, 22 Food Policy 281, 283-284 (1997) Published Material Exhibit 56 - J.C . Rolfe, Ethical rules and the demand for free range eggs, 29 Journal of Agricultural Economics 85 at 196-199 (2003) Published Material Exhibit 57 - Bennett, R. M. and Blaney, R.J.P. Estimating the benefits of farm animal welfare legislation using the contingent valuation method, Journal of Agricultural Economics 29, 85-98 (2003) Published Material Exhibit 58 - Kuo Huang & Qiing-Hwan Lin, Estimation of Food Demand and Nutrient Elasticities from Household Survey Data (TB-1887), USDA Economic Research Service, 11, 20-30 (September 2000) Published Material Exhibit 59 - Table 24 - Eggs: Per capita consumption of shell eggs and egg products, Economic Research Service, USDA, at http://usda.mannlib.cornell.edu/usda/ers/89007/table0024.xls (last visited Sept. 21, 2006) Published Material Page last updated
August 24, 2007
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