COOL Comment: Government of Australia

From the federal docket on COOL, a comment from the Government of Australia. I'm picking up his comment when he starts discussion horticultural products. One of the points: "states" and "regions" of importing countries should be allowable...





Labelling perishable agricultural commodities (horticultural produce)
The interim final rule allows for a bulk container at retail level that contains co-mingled products to be labelled with the country or countries of origin. The rule is silent on whether the individual pieces contained in bins must also be labelled, which would be difficult (broccoli, lettuce, etc). Australia seeks confirmation that, for commingled produce sold in bins or trays, individual pieces of produce do not need to be labelled provided their origins are displayed on appropriate signage by the retailer. It would be useful if this could be articulated more effectively in the final rule. The interim final rule is also silent on how the country of origin of products contained in bins would be verified. Australia understands that enforcement is expected to be done by State agencies, which will check retailers’ records with the labelling displayed in store. This audit process will be important to ensure the integrity of this aspect of MCOOL and it would be useful to clarify this in the final rule as part of the expected compliance process.
Perishable agricultural commodities - state, regional and local labels. The interim final rule provides that it is acceptable for perishable agricultural commodities,
including macadamia nuts, peanuts, pecans and ginseng to have state, regional or locality labels in lieu of country of origin labelling. Australia seeks confirmation such provisions on state markings in the interim final rule apply also to states, regional and local labels of importing countries. Australia understands that identification by region and locality is acceptable provided it is nationally distinct. Australia requests this provision be clarified in the final rule. The interim final rule does not clarify if there are any other US Federal labelling laws that would over-ride such labelling. The rule refers to CBP marking regulations under 19 CFR part 134 in respect to country of origin labelling of covered imported commodities that have not been transformed in the US that are co-mingled with other imported or US products and must be labelled with all countries of origin, but provides no view on the precedence of these regulations. Australia considers this should be clarified in the final rule.
Recordkeeping
Australia acknowledges the changes to recordkeeping requirements made under the 2008 Farm Bill that permit records maintained in the normal conduct of business to serve as MCOOL verification, as well as the relaxation of issues such as the period for which records must be maintained and the time by which those records must be produced on request by USDA. We regard these as positive steps that help to minimise the imposition on businesses while providing the information of product origin expected by consumers. The Australian Government requests that the Agricultural Marketing Service incorporate these changes on record keeping in the formulation of the mandatory country of origin arrangements in
the final rule.
Australian Country of Origin Labelling (CoOL)
Finally we wish to draw attention to Australia’s implementation of its own country of origin
labelling on a range of fresh and processed unpackaged foods and most packaged foods. Australia recognises the underlying benefits of consumer information and the ability of consumers to make informed choices on their selection of foods. The Australian CoOL standard has been developed to provide consumers with clear and unambiguous information on the origin of food available for retail sale, and not be unnecessarily trade restrictive in meeting this objective. By December 2007 Australia and New Zealand had fully implemented requirements for CoOL. Part 1.2 of the Australia New Zealand Food Standards Code (Labelling and other Information Requirements) sets out the application of general labelling and other information requirements. Under Standard 1.2.11 of the Australia New Zealand Food Standards Code (also included in state and territory legislation) country of origin labelling is mandated for all packaged food and unpackaged fresh or processed fruit, vegetables, seafood and pork. However, this standard does not apply to unpackaged food sold to the public by restaurants, canteens, schools, caterers or selfcatering institutions, where the food is offered for immediate consumption. The details of the Australian CoOL are provided at: http://www.foodstandards.gov.au/thecode/foodstandardscode.cfm The Australian Government is currently examining options to simplify food labelling laws and, in
particular, clarify CoOL. Please do not hesitate to contact me if you require any further information.



Yours sincerely
Dean Merrilees
Minister Counsellor (Agriculture)
Embassy of Australia