COUNTRY OF ORIGIN LABELING (COOL)

1. COUNTRY OF ORIGIN LABELING(COOL) Jeri Kahana Commodities Branch Hawaii Department of Agriculture

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

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

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

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

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

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

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

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

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

11. COUNTRY OF ORIGIN LABELING Acceptable Retail Labeling (con’t) • Can either be in the form of a placard or sign, label, sticker, band, twist tie, pin tag or other format • May use also stamp, mark, or other clear and visible sign on the package, display, holding unit, or bin

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

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

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

15. COUNTRY OF ORIGIN LABELING Recordkeeping (con’t) Retailer Responsibility • Required to maintain records for one year from date origin is declared at retail • Pre-labeled commodities, label is sufficient evidence to establish the origin

16. COUNTRY OF ORIGIN LABELING Questions? Please contact - Jeri.M.Kahana@hawaii.gov Phone: (808) 832-0707 Brenda.M.Okazaki@hawaii.gov Phone: (808) 832-0713