Download AMS-NCC-COOL-PowerPoint-for-Webinar

Country of Origin Labeling,
Final Rule 2013:
Labeling Provisions for Muscle
Cut Covered Commodities
National Chicken Council
Webinar
Wednesday, June 12, 2013
2 p.m. EDT
COOL Final Rule 2013:
Summary of Major Provisions
 Origin designations are required to specify the
country in which production steps of birth, raising,
and slaughter of the animal from which the meat is
derived took place.
 Eliminates the allowance for commingling of muscle
cut covered commodities of different origins.
 Amends the definition for “retailer” to include any
person subject to be licensed as a retailer under the
Perishable Agricultural Commodities Act (PACA).
COOL Final Rule 2013:
Implementation
 The effective date of this regulation is May 23, 2013,
and the rule is mandatory as of that date.
 During the six-month period following the effective
date of the regulation, AMS will conduct an industry
education and outreach program concerning the
provisions and requirements of this rule.
COOL Final Rule 2013:
Implementation
 The education and outreach period means that AMS
staff will work to do everything that we can during
the next six months to help educate the industry on
the new requirements.
 Webinars hosted by industry associations such as this
one.
 Guidance documents on the COOL Website:
http://www.ams.usda.gov/COOL
 Specific questions may be sent by email to:
[email protected]
COOL Final Rule 2013:
Implementation
Transition Period Questions
 We need to provide further guidance to both the
industry and our State reviewers on transitional
issues.
 More information with regards to enforcement
transition will be forthcoming.
COOL Final Rule 2013:
Implementation
Transition Period Questions
 The rule’s requirements do not apply to muscle cut
covered commodities produced or packaged before
the effective date of the rule (May 23, 2013).
 This will allow existing stock to clear the chain of
commerce.
 After the 6 month education period, retailers may
continue to use existing inventories of older labels
until these inventories are exhausted as long as
retailers provide the more specific information via
other means (e.g., signage).
COOL Final Rule 2013:
Changes from 2009 Final Rule
2009 Final Rule
Prescribed categorical labeling
requirements for:
 Muscle cut covered
commodities of United States
origin.
 Muscle cut covered
commodities of multiple
countries of origin that include
the United States.
2013 Final Rule
 Muscle cut covered
commodities derived from
animals slaughtered in the
United States are required to
specify the country in which
production steps of birth,
raising, and slaughter of the
animal from which the meat is
derived took place.
COOL Final Rule 2013:
Changes from 2009 Final Rule
2009 Final Rule
2013 Final Rule
 Labeling Covered Commodities
of United States Origin:
“Product of the U.S.”
 The United States country of
origin designation for muscle
cut covered commodities shall
include all of the production
steps.
 “Born (Hatched), raised and
slaughtered (harvested) in the
U.S.”
COOL Final Rule 2013:
Changes from 2009 Final Rule
2009 Final Rule
2013 Final Rule
 Labeling Muscle Cut Covered
Commodities of Multiple
Countries of Origin that include
the United States: “Product of
the U.S. and Country X” or
“Product of Country X and the
U.S.”
 Muscle cut covered
commodities shall be labeled
to specifically identify the
production steps occurring in
each country. For example:
 “Born and Raised in Country X,
Harvested in the U.S.”
 “Born in Country X, Raised and
Harvested in the U.S.”
COOL Final Rule 2013:
Changes from 2009 Final Rule
2009 Final Rule
2013 Final Rule
 Commingling refers to the
allowance provided in the 2009
COOL regulations for industry
to affix one label to all muscle
cuts processed on the same
production day, even when the
cuts were derived from
animals of two or more
different origins.
 Rule eliminates the allowance
for commingling of muscle cut
covered commodities of
different origins.
 Removing the commingling
allowance results in labels that
provide more specific
information as to the place of
birth, raising, and slaughter of
the animal from which the
meat is derived.
COOL Final Rule 2013:
Much of the Rule Remains Unchanged
 Definitions remain the same:
 Born (Hatched)
 Raised
 Slaughtered (Harvested)
 Use of disjunctive terms and phrases such as “or,”
“may contain,” and “and/or” that only convey a list of
possible origins are still not allowed.
 Imported labeling requirements remain the same.
 Recordkeeping requirements remain the same.
COOL Final Rule 2013:
Listing Order Requirements
2009 Final Rule
2013 Final Rule
 Labeling Muscle Cut Covered
Commodities of Multiple
Countries of Origin that include
the United States: “Product of
the U.S. and Country X.”
 NOTE: The rule does not
prescribe the order in which
production steps may be listed.
 Except if solely imported for
immediate slaughter, the
countries may be listed in any
order.
 e.g., “Raised and Harvested in
the U.S.; Hatched in Canada”
 Or, “Hatched in Canada,
Raised and Harvested in the
U.S.”
COOL Final Rule 2013:
Labeling Requirements for Imported Meat
Are Unchanged
 Imported meat labels will continue to follow
Customs and Border Protection regulations
and read:
“Product of [Country X].”
COOL Final Rule 2013:
Non-Specific Labeling Terms Are Still Not
Allowed
 A sign stating, “All of the beef in this case is from
livestock born in the United States or Canada, raised
in the United States or Canada, and Slaughtered in
the United States” would not be acceptable as the
case contains different origin meat products.
COOL Final Rule 2013:
Recordkeeping Requirements Are Unchanged
 Suppliers of 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.
 The slaughter facility must possess records that are
necessary to substantiate that claim for a period of 1
year from the date of the transaction.
COOL Final Rule 2013:
Other Labeling Considerations
 Abbreviations for the production steps are permitted
as long as the information can be clearly understood
by consumers.
 For example, consumers would likely understand:
 “brn” as meaning “born”;
 “htchd” as meaning “hatched”;
 “raisd” as meaning “raised”;
 “slghtrd” as meaning “slaughtered” or
 “hrvstd” as meaning “harvested.”
COOL Final Rule 2013:
Other Labeling Considerations
 Signage: A sign at retail point of purchase can be
used in lieu of individual package labeling as long as
the sign is clear as to the specific origin of the
products available for sale.
 In practice this would mean that all of the meat is of
the same origin.
 For example, a sign saying, “All of the chicken for sale
in this case are from chickens hatched, raised and
harvested in the United States” is acceptable.
COOL Final Rule 2013:
Other Recordkeeping Considerations
 Supporting Documentation: No change in
documentation required to verify U.S. origin claims.
“Product of USA” on the supporting documents (Bills
of Lading, invoices) is sufficient to convey the origin
information from suppliers to retailers.
 Retailers may use a sign to convey the more specific
production step information (“hatched, raised, and
slaughtered in the U.S.”)
COOL Final Rule 2013
Questions
?