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| A Brief History and Overview of Country of Origin Labeling Requirements | |
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| Tweet Topic Started: Jul 9 2016, 04:44 PM (11 Views) | |
| Entity | Jul 9 2016, 04:44 PM Post #1 |
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A Brief History and Overview of Country of Origin Labeling Requirements Date: Jan 02, 2014 Country of Origin Labeling (COOL) laws and regulations require retailers to notify their customers of the country of origin of covered commodities, which include beef, veal, lamb, chicken, fish and shellfish, goat, pork, perishable agricultural commodities, macadamia nuts, pecans, ginseng, and peanuts. One might think that this is a simple matter, but as with most regulatory requirements, things can get complicated pretty quickly, and the labeling requirements for country of origin are no exception. As a general matter, the Tariff Act of 1930 (Tariff Act) requires that every article of foreign origin (or its container) imported into the U.S. be marked in a manner that indicates to the ultimate purchaser the article's country of origin. Although the covered commodities listed above are exempt from labeling under the Tariff Act, they are subject to COOL requirements introduced into law by the 2002 and 2008 Farm Bills. U.S. Customs and Border Protection (CBP) enforces the marking requirements imposed under the Tariff Act, while the U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is charged with implementing COOL requirements. History The COOL requirements have a convoluted history. The 2002 Farm Bill, and later the 2008 Farm Bill, amended the Agricultural Marketing Act of 1946 to require retailers, such as full-line grocery stores, supermarkets, and club warehouse stores, to inform consumers of the country of origin of various meats, fish, shellfish, nuts, fruits, and vegetables. Suppliers of covered commodities to retail establishments must provide the retailers with country of origin information. This information may appear on the product, on a master shipping container, or in a document that accompanies the product through retail sale. Food service establishments, such as restaurants and cafeterias, are specifically exempt from COOL requirements. The implementation of COOL requirements has occurred in fits and starts. AMS initially published guidelines on voluntary COOL labeling for beef, lamb, pork, fish, perishable agricultural commodities, and peanuts on October 11, 2002 (67 Fed. Reg.63367). Based on comments received on the voluntary labeling guidelines and on requirements imposed by the 2002 Farm Bill, AMS published a proposed rule for mandatory COOL of all covered commodities on October 30, 2003 (68 Fed. Reg.61944). Although the final rule was slated to take effect no later than the statutory deadline of September 30, 2004, Congress subsequently delayed the implementation of mandatory COOL for all covered commodities, except wild and farm-raised fish and shellfish, until September 30, 2006 via the FY 2004 Consolidated Appropriations Act. On October 5, 2004, AMS published an interim final rule on mandatory COOL for fish and shellfish (69 Fed. Reg. 59708). This rule became final on April 5, 2005, even though Congress delayed implementation of mandatory COOL for other covered commodities once again via the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2006. After this second delay, mandatory COOL for the remaining covered commodities could not be implemented until September 30, 2008. In the interim, Congress enacted the 2008 Farm Bill, which further amended the COOL program by expanding the list of covered commodities to include chicken, goat meat, ginseng, pecans, and macadamia nuts. On August 1, 2008, AMS published an interim final rule for all covered commodities, except fish and shellfish (73 Fed. Reg. 45106). The rule prescribed definitions, labeling requirements for domestically produced and imported products, and recordkeeping responsibilities for retailers and suppliers. A final rule addressing all covered commodities, including fish and shellfish, was published on January 15, 2009 (74 Fed. Reg. 2658). The rule amended both 7 C.F.R. Part 60 (fish and shellfish) and 7 C.F.R. Part 65 (all remaining covered commodities). The 2008 Farm Bill also imposed COOL requirements for packed honey bearing any official USDA mark or statement. AMS published an interim final rule to implement the honey COOL requirements on July 8, 2009 (74 Fed. Reg. 32389), followed by a final rule on January 4, 2011 (76 Fed. Reg. 251). The final rule took effect on February 3, 2011. The rule requires that containers of honey with a USDA grade mark or statement also be labeled with the countries of origin. The countries of origin must be printed legibly and permanently, and in close proximity and of comparable size to the USDA mark or statement. The listing must be preceded by the words, "Product of" or other words of similar meaning. -read more |
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8:48 AM Jul 11