Background Banner

USDA issues COOL interim final rule

Published: Jul 29, 2008

USDA Issues Country of Origin Labeling Interim Final Rule

USDA has issued its interim final rule for the mandatory country of origin labeling (COOL) program that will become effective Sept. 30.  The rule applies to beef, pork, lamb, chicken and goat meat, as well as perishable agricultural commodities, peanuts, pecans, ginseng and Macadamia nuts sold at retail. It will be formally published in the Federal Register Aug. 1, but the text can now be viewed online at the following page:  http://federalregister.gov/OFRUpload/OFRData/2008-17562_PI.pdf.

This rule will not have any direct implications for export requirements. Existing exporting rules and export verification (EV) programs cover any COOL requirements for international trade.

Consistent with the grandfather clause included in the COOL legislation, meat from any livestock present in the United States on July 15, 2008, may be labeled as being of U.S. origin, provided the animal remains continuously within the United States until slaughtered. Going forward, meat will be labeled using four primary categories with regard to origin of livestock:

  • Meat from livestock born, raised and slaughtered in the United States may be labeled as “Product of the U.S.”
  • Meat from livestock born elsewhere but raised and slaughtered in the United States may be labeled as “Product of the U.S., Country X, and/or Country Y”
  • Meat from livestock imported for direct slaughter may also carry the label of both countries, but the country of origin must appear first (“Product of Country X and U.S.”) 
  • Imported meat from livestock slaughtered outside the United States will be labeled with the country of origin declared to U.S. Customs and Border Protection

The label for ground meat products will include all countries of origin contained in the product that can be reasonably included on the label. It is important to keep in mind, however, that the majority of ground meat containing imported product is sold in foodservice outlets rather than in the retail sector, and is therefore not subject to labeling. Meat used as an ingredient in processed food items is also exempt from labeling requirements.

The 2008 Farm Bill specifies that a livestock producer’s records maintained in the course of the normal conduct of the business - including animal health papers, import or customs documents, or producer affidavits - may serve as sufficient verification or origin. USDA is prohibited from requiring additional records, other than those maintained in the normal conduct of business.

USDA specifies that mandatory COOL is designed to provide consumers with additional information, but emphasizes that it is not a program intended to address food safety. The rule states, “Food products, both imported and domestic, must meet the food safety standards of the Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS).”

For further details on the rule, please visit: http://www.ams.usda.gov/AMSv1.0/.

USDA Issues Country of Origin Labeling Interim Final Rule

USDA has issued its interim final rule for the mandatory country of origin labeling (COOL) program that will become effective Sept. 30.  The rule applies to beef, pork, lamb, chicken and goat meat, as well as perishable agricultural commodities, peanuts, pecans, ginseng and Macadamia nuts sold at retail. It will be formally published in the Federal Register Aug. 1, but the text can now be viewed online at the following page:  http://federalregister.gov/OFRUpload/OFRData/2008-17562_PI.pdf.

This rule will not have any direct implications for export requirements. Existing exporting rules and export verification (EV) programs cover any COOL requirements for international trade.

Consistent with the grandfather clause included in the COOL legislation, meat from any livestock present in the United States on July 15, 2008, may be labeled as being of U.S. origin, provided the animal remains continuously within the United States until slaughtered. Going forward, meat will be labeled using four primary categories with regard to origin of livestock:

  • Meat from livestock born, raised and slaughtered in the United States may be labeled as “Product of the U.S.”
  • Meat from livestock born elsewhere but raised and slaughtered in the United States may be labeled as “Product of the U.S., Country X, and/or Country Y”
  • Meat from livestock imported for direct slaughter may also carry the label of both countries, but the country of origin must appear first (“Product of Country X and U.S.”) 
  • Imported meat from livestock slaughtered outside the United States will be labeled with the country of origin declared to U.S. Customs and Border Protection

The label for ground meat products will include all countries of origin contained in the product that can be reasonably included on the label. It is important to keep in mind, however, that the majority of ground meat containing imported product is sold in foodservice outlets rather than in the retail sector, and is therefore not subject to labeling. Meat used as an ingredient in processed food items is also exempt from labeling requirements.

The 2008 Farm Bill specifies that a livestock producer’s records maintained in the course of the normal conduct of the business - including animal health papers, import or customs documents, or producer affidavits - may serve as sufficient verification or origin. USDA is prohibited from requiring additional records, other than those maintained in the normal conduct of business.

USDA specifies that mandatory COOL is designed to provide consumers with additional information, but emphasizes that it is not a program intended to address food safety. The rule states, “Food products, both imported and domestic, must meet the food safety standards of the Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS).”

For further details on the rule, please visit: http://www.ams.usda.gov/AMSv1.0/.