Country of Origin Labeling (COOL) Rules Become Final

February 27, 2009
Country of Origin Labeling (COOL) Rules Become Final

The U.S. Department of Agriculture (USDA) announced that the final rule for Country of Origin Labeling (COOL) will be effective March 16, 2009 as scheduled.  The final rule includes mandatory labeling and recordkeeping requirements for retailers and suppliers of covered commodities.

Covered commodities include:

• Muscle cuts of beef (including veal), lamb, chicken, goat and pork
• Ground beef (including veal), ground lamb, ground chicken, ground goat and ground pork
• Wild and farm-raised fish and shellfish
• Perishable agricultural commodities (fresh and frozen fruits and vegetables), including ginseng
• Macadamia nuts, pecans and peanuts

The rule prescribes specific criteria a commodity must meet to bear a “United States Country of Origin” declaration.  The rule also includes provisions for labeling covered commodities of foreign origin.

In addition, the USDA has issued a letter to the industry requesting voluntary adoption of the following practices so that consumers are adequately informed of the source of food products:

• Labels of products from multiple countries should reflect production steps.  Processors should voluntarily include information about what production step occurred in each country when multiple countries appear on the label. For example, the product might be labeled as “Born and Raised in Country X and Slaughtered in Country Y” or ”Born in Country X but Raised and Slaughtered in Country Y.”
• Cured, smoked, broiled, etc. food should also be labeled. According to USDA, the definition of processed foods contained in the final rule may be too broad. Even if products are subject to curing, smoking, broiling, grilling, or steaming, voluntary labeling would be appropriate.
• Inventory allowance should be reduced to ten days. USDA states that the language in the final rule allows a label for ground meat product to bear the name of a country, even if product from that country was not present in a processor’s inventory, for up to 60 days. This provision allows for labels to be used in a way that does not clearly indicate the product’s country of origin. USDA states that reducing the time allowance to ten days would limit the amount of product with these labels and would enhance the credibility of the label.