COUNTRY OF ORIGIN LABELING (COOL) CTAHR Agricultural Education Workshop

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

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; and • 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 LABELING2008 Farm Bill 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 Exempts Processed Food Items • Items of different origins that are combined with at least one other covered commodity or substantive food component; and • 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 • 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 (Perishable Agricultural Commodities Act)

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

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; and • 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 • Produce 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; and • State or Regional designations are acceptable in lieu of U.S.

11. COUNTRY OF ORIGIN LABELING Acceptable Retail Labeling - 2 • Can either be in the form of a placard or sign, label, sticker, band, twist tie, pin tag or other format; and • May also use 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. “Hawaii 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; and • May be specified on invoice, bill of lading, placard on bulk containers, or on individual packages.

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

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

16. COUNTRY OF ORIGIN LABELING Questions? Please contact – HDOA/Commodities Branch Jeri.M.Kahana@hawaii.gov Phone: (808) 832-0707 Brenda.M.Okazaki@hawaii.gov Phone: (808) 832-0713 THANK YOU!