Untitled Document

Current Issues

29 January 2009 : USDA issues final rule on mandatory country of origin labeling (COOL)

The FINAL RULE ON MANDATORY COUNTRY OF ORIGIN LABELING (COOL) issued by the USDA

It is reported that the United States Department of Agriculture (USDA) announced the final regulation for the mandatory country of origin labeling (COOL) program required by the 2002 and 2008 farm bills.  After the publication of the final rule in the Jan. 15, 2009 Federal Register, the rule will be effective on March 16, 2009, 60 days after the date of publication. 

 

Before the announcement, an implementation of mandatory COOL for all covered commodities was delayed for several years.

Finally, the final rule is announced and applies to 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 and peanuts.

 

According to the rule, commodities covered under COOL must be labeled at retail to indicate its country of origin.  Especially, fish and shellfish, the method of production -- wild or farm-raised, -- must be specified.  However, excluded commodities from mandatory COOL are the commodity that is an ingredient in a processed food item.  These excluded commodities include items derived from a covered commodity that has undergone a physical or chemical change -- such as cooking, curing, or smoking -- or that has been combined with other covered commodities or other substantive food components such as chocolate, breading and tomato sauce.

Besides the excepted commodities, the food service establishments, such as restaurants, lunchrooms, cafeterias, food stands, bars, lounges and similar enterprises are also excluded from COOL.

In addition to the requirements for labeling covered commodities, the final rule also identifies the requirements for recordkeeping for retailers and suppliers.

Referring to the report, currently, USDA has cooperative agreements with 42 states to conduct retail surveillance reviews. USDA will conduct the retail reviews in the states not covered by a cooperative agreement and perform the supply chain audits.

From the report, ASEAN member countries which export agricultural commodity to USA especially the important and high potential products, including fruits, vegetables, fish and shellfish or etc, should thoroughly study these requirements to ensure that their products comply with the requirements.  As a result, it is expected that the competitiveness and capability of ASEAN member countries in export of agricultural commodity and food to USA will be maintained or strengthen.

Full details of COOL can be viewed at http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5074925

 

Source: http://www.usda.gov