COOL FAQ: When will the requirements of this regulation take effect?

One of the big questions about the COOL regulation is the "phase-in" period. This excerpt from the USDA's interim final rule - issued last night - addresses that concern:


When will the requirements of this regulation take effect?
The effective date of this regulation is September 30, 2008, because the statute provides for a September 30, 2008, implementation date. However, because some of the affected
industries (goat, chicken, pecans, ginseng, and macadamia nuts) did not have prior opportunities to comment on this rulemaking 10 and because the 2008 Farm Bill made changes to several of the labeling provisions for meat covered commodities, 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.

Therefore, the requirements of this rule do not apply to covered commodities produced or packaged before September 30, 2008. In addition, during the six month period following the effective date of the regulation, AMS will conduct an industry education and outreach program concerning the provisions and requirements of this rule.

AMS has determined that this allocation of enforcement resources will ensure that the rule is effectively
and rationally implemented. This AMS plan of outreach and education should significantly aid the industry in achieving compliance with the requirements of this rule. How will the requirements of this regulation be enforced? USDA has entered into agreements with States having existing enforcement infrastructure to assist in compliance reviews for fish and shellfish covered commodities. These agreements will be expanded to encompass all covered
commodities. USDA determines the number of reviews to be conducted and has developed comprehensive procedures for the compliance reviews. Only USDA is able to initiate enforcement actions against a person found to be in violation of the law.
The COOL statute does not provide for a private right of action. USDA may also conduct investigations of complaints made by any person alleging violations of these regulations when the Secretary determines that reasonable grounds for such investigation exist.