USDA's Interim Final Rule on Mandatory Country of Origin Labeling for Fish and Shellfish at Retail
The U.S. Department of Agriculture's (USDA's) Agricultural Marketing Service (AMS) has issued an interim final rule (see below for effective dates) in order to add a new Part 60 to 7 CFR to provide for a mandatory country of origin labeling (COOL) program for farm-raised and wild fish and shellfish (fish and shellfish covered commodities) at retail.
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This is Part II, the final part of a two-part series of summaries on this interim final rule, and includes information on the definition of "United States" and "United States country of origin" for purposes of this interim final rule. In addition, this part describes some of the labeling and marking requirements retailers are subject to.
"United States" Includes Puerto Rico, Guam, Territories, Possessions, Etc.
In new 7 CFR 60.127, AMS defines the "United States" as meaning the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the U.S., and the waters of the U.S. as defined in 7 CFR 60.132.
Definition of "U.S. Country of Origin" for Fish and Shellfish
New 7 CFR 60.128 provides definitions for "U.S. country of origin" with respect to the following:
Farm-raised fish and shellfish. In new 7 CFR 60.128(c), AMS defines "U.S. country of origin" farm-raised fish and shellfish as being from fish or shellfish hatched, raised, harvested, and processed in the U.S., that has not undergone a substantial transformation (as established by U.S. Customs and Border Protection (CBP)) outside the U.S.
Wild-fish and shellfish. New 7 CFR 60.128(d) defines "U.S. country of origin" wild-fish and shellfish as being from fish or shellfish harvested in the waters of the U.S. or by a U.S. flagged vessel and processed in the U.S. or aboard a U.S. flagged vessel, and that has not undergone a substantial transformation (as established by CBP) outside the U.S.
Country of Origin Notification Requirements for Retailers
In new 7 CFR 60.200 (Country of Origin Notification), AMS states that in providing notice of the country of origin as required by the Act, the following requirements shall be followed by retailers:
General labeling requirements. 7 CFR 60.200(a) states that labeling of covered commodities offered for sale whether individually, in a bulk bin, display case, carton, crate, barrel, cluster, or consumer package must contain country of origin and method of production information (wild and/or farm-raised) as set forth in this regulation.
Labeling imported products that have not undergone substantial transformation in the U.S. 7 CFR 60.200(f) provides that an imported covered commodity shall retain its origin as declared to CBP at the time the product entered the U.S., through retail sale, provided that it has not undergone a substantial transformation (as established by CBP) in the U.S.
(In addition, 7 CFR 60.200 contains: (1) exemptions and exclusions from the country of origin notification requirement, (2) a requirement that fish and shellfish covered commodities be labeled to indicate whether they are "wild" and/or "farm-raised", (3) labeling requirements for covered commodities of U.S. origin, (4) labeling requirements for imported products that are subsequently substantially transformed in the U.S., (5) labeling of blended products (i.e. commingling of the same covered commodity), and (6) labeling requirements for remotely purchased products.)
AMS' interim final rule also adds new 7 CFR 60.300 in order to provide country of origin marking requirements for retailers.
(See ITT's Online Archives or 10/07/04 news, 04100715, for Part I of BP summary, which focuses on the implementation of the interim final rule, what fish and shellfish covered commodities are subject to its requirements, and recordkeeping requirements for suppliers (including importers of record).
See ITT's Online Archives or 10/31/03, 11/03/03, and 11/04/03 news, 0310312003110310, and 03110410, for Parts I-III of BP summary on AMS' proposed rule on COOL.)
-written comments are due on or before January 3, 2005
AMS Contact - William Sessions (202) 720-5705
AMS interim final rule (No. LS-03-04, FR Pub 10/05/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-22309.pdf