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Issues: Country of Origin Labeling

The following questions and answers were asked during the August 6, 2008 PMA/Western Growers Webinar on the USDA's interim final rule on mandatory country of origin labeling. PMA thanks USDA for answering these questions, thereby providing members and industry with the agency's interpretation on various COOL scenarios as they relate to fruit baskets/nuts/dried fruits and vegetables/floral products/herbs/frozen fruits and vegetables.

Will fresh fruit baskets be required to have country of origin? No, as long as the fruit basket contains more than one covered commodity, this would be considered a processed food item.

Are fresh floral products on the list of covered commodities? No.

If dried fruits contain glycerin and sugar do they have to be labeled?  Dried fruits are not covered under COOL.

What about dried commodities? Dried commodities are not covered under COOL.

Is a roasted peanut, pecan, or macadamia nut covered under the regulation?  Roasting changes the character, therefore roasted peanuts, roasted pecans or roasted macadamia nuts are considered a processed food item and are exempted from COOL.

Are chocolate-covered roasted macadamia nuts exempt?  Yes, this would be considered a processed item.

Are caramel apples exempt?  Yes.

Is the regulation just for fresh product or frozen product also?  The COOL provisions apply to fresh and frozen fruits and vegetables.

Are blends exempt - for example, an assortment of fresh herbs?  If the assortment of fresh herbs is commingled in the same package, then you have more than one covered commodity and it is exempt from COOL.

I work for a nut manufacturer.  Do we only need to worry about raw nuts?  You would only have to provide COO information if the nuts are peanuts, pecans or macadamia nuts and are raw and do not meet the definition of processed.  If we mix the raw nuts into a trail mix COOL would not apply? No, this would be considered a processed food item assuming it contains more than one covered commodity.  If we roast the peanut would COOL apply?  No.  Can you explain further how COOL applies to roasted and raw nuts?  COOL would not apply to roasted nuts.  The only nuts covered are peanuts, pecans and macadamia nuts.  It would only apply if the nuts were not processed.

So, if we sold a blend of raw mixed nuts we do not have to include any country of origin, but if we sell a raw nut alone then we have to include the country of origin?  Yes, if it is a peanut, macadamia, or pecan.  If it is US, do we just put USA?  Yes.

Is it acceptable to say for pecans “Product of USA or Mexico?”  No, the origin declaration has to be definitive.

On bag mixed nuts, that contain peanuts or pecans or macadamias, can the bag say “city, state, and zip code?” State designation is acceptable as long as it is the origin and not the place where the product is packaged. 

Are chestnuts a covered commodity?  No.

Are olive oil processors considered a covered commodity?  No, olive oil is not a covered commodity.

We are growers and processors of fresh herbs.  Does this include our products or just leafy greens?  Both herbs and greens are a covered commodity for COOL purposes.

Another question based on what I just heard:  the raw nuts that we sell in two pound bags to foodservice operators do NOT have to have any country of origin labeling on it?  If you sell to foodservice operators, you do not have to have to provide any COO information.

Food sold to retail delis: will it be exempt?  Yes.

I am of the idea that dried fruits and vegetables are not covered. Is this correct?  Dried fruits and vegetables are not covered, only fresh or frozen fruits and vegetables.

Is sugar, salt, or pepper covered?  If these are in packets, do the packets have to be labeled?  No, these items are not covered by COOL.

What precautions do foodservice distributors have to follow at this time under this program?  The law excludes covered commodities served or sold at foodservice establishments, including those within retail establishments.  Therefore, there is no requirement to provide country of origin information.

Are cheeses covered?  No.

Are Ornamentals included?  No.  Ornamentals such as gourds or flowers are not considered a fresh or frozen fruit or vegetable.

Am I correct in understanding freezing a product exempts it from COOL?  COOL-covered commodities include perishable agricultural commodities both fresh and frozen fruits and vegetables.