The rules are part of the 2002 Farm Security and Rural Investment Act, and 2008 Food, Conservation and Energy Act.
Commodities covered by COOL are:
' Beef, lamb, chicken, goat and pork, including both muscle cuts and ground form.
' Wild and farm-raised fish and shellfish.
' Perishable agricultural commodities.
' Macadamia nuts.
' Pecans.
' Ginseng.
' Peanuts.
COOL implementation for these commodities — except wild and farm-raised fish and shellfish, which was rolled out earlier — was delayed by Congress until Sept. 30. Restaurants are exempt from the rule.
The rule includes the requirement for all food suppliers and retailers to maintain origin records for up to a year.
Since the 2008 Farm Bill made several changes to the labeling provisions for meats, “it is reasonable to allow time for covered commodities that are already in the chain of commerce and for which no origin information is known or been provided to clear the system,” the USDA said in its interim rule. “Therefore, the requirements of this rule do not apply to covered commodities produced or packaged before Sept. 30.”
The Agricultural Marketing Service will also provide industry education and outreach to help the industry comply.
The USDA will be responsible for enforcing the rules. The department already entered agreements with some state enforcement agencies to help with compliance reviews for the earlier implemented COOL rules covering fish and shellfish commodities.
The USDA determines the number of reviews to be conducted and has developed procedures for these reviews. “Only USDA is able to initiate enforcement actions against a person found to be in violation of the law,” the interim rule said.
For a complete review of the interim rule, access online: federalregister.gov/OFRUpload/OFRData/2008-17562_PI.pdf.
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