Issue 183 - Q&A on COOL from USDA

Recently the USDA released some additional information about Country of Origin Labeling. Several points mentioned in the Q&A echoed questions brought up by CC4F readers so we have excerpted several of the points we remember you had concerns about. We are also introducing the new look of CC4F News (though the site will not be opening for another week so it's look but don't touch today.)

Paul Hernandez-Cuebas

Q. What are the basic requirements of COOL?

A. The 2002 and 2008 Farm Bills amended the Agricultural Marketing Act of 1946 to require retailers to notify their customers of the country of origin of beef (including veal), lamb, pork, chicken, goat, wild and farm-raised fish and shellfish, perishable agricultural commodities, peanuts, pecans, ginseng, and macadamia nuts. The implementation ofmandatory COOL for all covered commodities except wild and farm-raised fish and shellfish was delayed until September 30, 2008. The law defines the terms “retailer” and “perishable agricultural commodity” as having the meanings given those terms in section1(b) of the Perishable Agricultural Commodities Act of 1930 (PACA)(7 U.S.C. 499 ets eq.). Under PACA, a retailer is any person engaged in the business of selling any perishable agricultural commodity at retail. Retailers are required to be licensed when the invoice cost of all purchases of perishable agricultural commodities exceeds $230,000 during a calendar year. The term perishable agricultural commodity means fresh and frozen fruits and vegetables.

Food service establishments are specifically exempted as are covered commodities that are ingredients in a processed food item. In addition, the law specifically outlines the criteria a covered commodity must meet to bear a “United States country of origin” designation.

Q. What information is a supplier required to provide to a retailer?

A. Any person engaged in the business of supplying a covered commodity to a retailer, whether directly or indirectly, must make available information to the buyer about the country(ies) of origin of the covered commodity. This information may be provided either on the product itself, on the master shipping container, or in a document that accompanies the product through retail sale.
CC4F Comment - We have heard a number of retail stores requesting that the COOL information also be included on the Invoice from the Distributor. This may not be a complete solution for COOL but appears to be the first step for many supply chains.

Q. Do fresh apples, strawberries, raspberries, blackberries and blueberries fall under COOL Regulations?

A. The term "perishable agricultural commodity" has the meaning given in the Perishable Agricultural Commodities Act of 1930 (PACA), as amended (7 USC 499a (b)). “Perishable agricultural commodity:
- (A) means any of the following, whether or not frozen or packed in ice: fresh fruits
  and fresh vegetables of every kind and character; and
- (B) includes cherries in brine as defined by the Secretary in accordance with trade usages.”
Items such as apples, strawberries, raspberries, blackberries and blueberries are covered under PACA regulations and are subject to COOL labeling requirements.

Q. Can a retailer, like a meat packer, declare the origin of meat products derived from livestock born, raised, and slaughtered in the United States (i.e., Product of USA) as a mixed origin label such as Product of the United States, Canada, and Mexico?

A. Yes. Retailers are permitted to market U.S. produced meat products under a mixed origin label declaration.

Q. If a packer, intermediary supplier or retailer handles whole muscle meat products derived from both mixed origin animals (e.g., Product of U.S., Canada and Mexico) and direct for slaughter animals (e.g., Product of Canada and U.S.), can the product be commingled and labeled using the direct for slaughter label with all applicable countries of origin listed (i.e., Product of Country X, U.S. and Country Y)?

A. Yes. If meat covered commodities derived from mixed origin and direct for slaughter animals are commingled, the resulting product may carry the direct for slaughter origin claim (i.e., Product of Country X and U.S.) with other countries of origin as applicable.

To read the full updated Q&A go to:

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5071922

Comments

Add New