Matthew Loke Hawaii Department of Agriculture Agricultural Development Division February 24, 2009 COUNTRY OF ORIGIN LABELING (COOL) CTAHR Agricultural Education Workshop

Farm Security and Rural Investment Act of 2002 (2002 Farm Bill) Requires retailers to provide country-of- Requires retailers to provide country-of- origin labeling for beef, lamb, pork, fish, origin labeling for beef, lamb, pork, fish, perishable agricultural commodities and perishable agricultural commodities and peanuts; and peanuts; and Delayed implementation for all covered Delayed implementation for all covered commodities except wild and farm-raised commodities except wild and farm-raised fish and shellfish until Sept. 30, fish and shellfish until Sept. 30, 2008.

Food, Conservation and Energy Act of 2008 (2008 Farm Bill) Expanded the list of covered commodities Expanded the list of covered commodities to also include chicken, goat, ginseng, to also include chicken, goat, ginseng, pecans, and macadamia nuts. pecans, and macadamia nuts.

COUNTRY OF ORIGIN LABELING 2008 Farm Bill Covered Commodities Muscle cuts of beef (including veal), lamb, Muscle cuts of beef (including veal), lamb, chicken, goat, and pork; ground beef, chicken, goat, and pork; ground beef, ground lamb, ground chicken, ground goat, ground lamb, ground chicken, ground goat, and ground pork; fish and shellfish; fresh and ground pork; fish and shellfish; fresh and frozen fruits and vegetables; pecans; and frozen fruits and vegetables; pecans; peanuts; ginseng; and macadamia nuts. peanuts; ginseng; and macadamia nuts.

COUNTRY OF ORIGIN LABELING Exempts Processed Food Items Items of different origins that are combined Items of different origins that are combined with at least one other covered commodity with at least one other covered commodity or substantive food component; and or substantive food component; and Undergone further processing resulting in Undergone further processing resulting in change in commodity character change in commodity character (i.e. cooking, curing, smoking and (i.e. cooking, curing, smoking and restructuring, roasting). restructuring, roasting).

COUNTRY OF ORIGIN LABELING Who must label – The Retailer Retail business engaged in the selling of Retail business engaged in the selling of fresh and frozen fruits and vegetables with fresh and frozen fruits and vegetables with an annual invoice value of more than an annual invoice value of more than $230,000 during a calendar year. $230,000 during a calendar year. - Licensed by PACA - Licensed by PACA (Perishable Agricultural Commodities Act) (Perishable Agricultural Commodities Act)

COUNTRY OF ORIGIN LABELING Exempt Establishments Food service establishments Food service establishments including salad bars and delis including salad bars and delis providing ready-to-eat foods; and providing ready-to-eat foods; and Butcher shops, fish markets, and Butcher shops, fish markets, and exporters. exporters.

COUNTRY OF ORIGIN LABELING Consumer Notification Requires country of origin labeling by Requires country of origin labeling by retailers of covered commodities retailers of covered commodities conspicuously located at the final conspicuously located at the final point of sale; and point of sale; and If from multiple origins, must list all If from multiple origins, must list all countries of origin. countries of origin.

COUNTRY OF ORIGIN LABELING Label Information Labels must use commonly understood designations such as: - Product of Hawaii, USA - Product of USA - Produce of USA

COUNTRY OF ORIGIN LABELING Acceptable Retail Labels Acceptable origin abbreviations only Acceptable origin abbreviations only recognized by U.S. Customs may be recognized by U.S. Customs may be used; used; No specific size of lettering; and No specific size of lettering; and State or Regional designations are State or Regional designations are acceptable in lieu of U.S. acceptable in lieu of U.S.

COUNTRY OF ORIGIN LABELING Acceptable Retail Labeling - 2 Can either be in the form of a placard Can either be in the form of a placard or sign, label, sticker, band, twist tie, or sign, label, sticker, band, twist tie, pin tag or other format; and pin tag or other format; and May also use stamp, mark, or other May also use stamp, mark, or other clear and visible sign on the package, clear and visible sign on the package, display, holding unit, or bin. display, holding unit, or bin.

COUNTRY OF ORIGIN LABELING State and Regional Labeling Program State, regional or locality label State, regional or locality label designations are acceptable designations are acceptable (i.e. “Hawaii Grown”) (i.e. “Hawaii Grown”) State-level country of origin programs State-level country of origin programs governed by this regulation are governed by this regulation are preempted. preempted.

COUNTRY OF ORIGIN LABELING Supplier Responsibility The law requires suppliers of covered The law requires suppliers of covered commodities must provide origin commodities must provide origin information to buyers; and information to buyers; and May be specified on invoice, bill of May be specified on invoice, bill of lading, placard on bulk containers, or lading, placard on bulk containers, or on individual packages. on individual packages.

COUNTRY OF ORIGIN LABELING Record Keeping All records must be legible and All records must be legible and maintained electronically or in hard maintained electronically or in hard copy format; copy format; May be maintained in any location for May be maintained in any location for at least one year; and at least one year; and When requested, provide records to When requested, provide records to USDA representatives within five USDA representatives within five business days. business days.

COUNTRY OF ORIGIN LABELING Record Keeping – 2 Required to maintain records for Required to maintain records for one year from date origin is declared one year from date origin is declared at retail; and at retail; and Pre-labeled commodities, label is Pre-labeled commodities, label is sufficient evidence to establish sufficient evidence to establish the origin. the origin.

COUNTRY OF ORIGIN LABELING Questions? Please contact – HDOA/Commodities Branch Phone: (808) Phone: (808) THANK YOU!