COOL Comments - AWG, Earthbound Farm and Infratab

Country of origin labeling is mere days away, but both the industry and the public aren't done with their comments about the rule. Here is a post today from Earthbound Farm seeks to clarify - and perhaps narrow - the categories of "covered commodities."


To Whom It May Concern:

Earthbound Farm (EBF) appreciates the opportunity to submit the following to the U.S. Department of Agriculture (USDA) regarding its request for comments on mandatory country of origin labeling (COOL). We applaud the USDA’s response to consumers’ request that country of origin be listed on the foods they buy. As the nation’s largest grower and shipper of organic produce, EBF believes it is in the best interest of the public - and our industry - to educate consumers on the origin of the products they are buying.

EBF offers the following suggestions as ways to enhance and clarify the specifics in the Final Rule.

Labeling of Commingled Products:

EBF supports the agency’s ruling in §65.300 and §65.400 that a single commodity, chopped Romaine lettuce for example, from multiple countries of origin that is commingled can be labeled by listing each of the countries involved.


Definition of Processed Product:

EBF recommends that any fresh-cut produce item, even those not combined with another substantive food item or other covered commodity be included in the definition of “processed product” (§65.220). By taking a raw agricultural commodity, washing it, then cutting it, a company does change the product from a raw agricultural commodity to a ready-to-eat food item. Fresh-cut vegetables could be compared to cooking a raw meat product, which changes it to a ready-to-eat food.

Definition of Covered Commodities:

We support the agency’s Interim Final Rule that designates that items with distinct varietal names, within a generic category of products, be deemed different products and excluded when two or more are combined.

We ask the agency to offer more clarity about combinations of covered commodities in the definition of “processed product.” When speaking about generic categories of products (lettuce, melons, etc.), different varieties within those generic categories are distinctly different. There is some confusion over whether or not a bag of mixed leafy greens, for example, would be considered a covered commodity because it consists of several varieties.

If processed commingled products, such as bagged specialty salads, are ultimately categorized as covered commodities (subject to COOL), we will need clarification on what percentage – if any - of a product in a mix requires a COOL designation. In other words, is there a minimum of sourced product that would make it exempt from the rule?

Effective dates:

USDA states that the requirements of this rule do not apply to covered commodities produced or packaged before September 30, 2008. Many in the industry procure packaging materials for a year’s worth (or more) of production. Given the short amount of time between the release of the Interim Final Rule and the effective date, we ask that companies subject to the rule be given a year from the effective date to use up existing packaging inventories, provided those packaging inventories were acquired prior to the effective date of the rule.

Thank you for considering the above comments. EBF appreciates the agency’s efforts not to impose economic inefficiencies or disrupt the orderly production, processing, and retailing of covered commodities. We agree that should such disruptions occur in our manufacturing, the increased cost of our products will most likely be passed on to consumers. By clarifying the definitions listed above, and upholding parts of the rule that we support, EBF will be able to continue producing healthy, affordable products for consumers.

Respectfully Submitted,


Charles Sweat
President
Earthbound Farm



TK: Here is another comment published today, with a technological if self-serving twist from a company named Infratab:


Regarding comments on COOL for Perishables:
It is possible to use an RFID label that will convey Freshness by a percentile number of the actual shelf life of the Produce. We supply such a tag now to an FDA Pilot n Hawaii--and have done so in the past for cut-fruit from Africa to Holland..New Readers for UHF EPC Global Gen 2 Tags make reading such labels at up to 200 cases per minute possible--but also
Pallets at any rate normal to their handling speed. On a Pallet basis such a tag adds about $1.00 to an entire pallet of cases and provides an accurate and immediate indication of shelf -life parameters being exceeded as well as the custody at the time of the event....In the absence of such specialized readers a push button overide on the tag substitutes and signals
a Good/Bad equivalency but with no percentile until a reader reads it.Still a packer might start such tags by hand and only use readers at minimal DC and Shipper points .

Request the COOL committee mention this in it's report and allow further time and perusal for investigation of such a tag's value. It allows instant inspection of a violation and attributes it to the proximate factors. Such a system can save time , money , labor, and lengthy insurance disputes-- and should be part of the COOL requirement.



TK: Finally, from Associated Wholesale Grocers, a questions about labeling of salad:

A question has come up in regards to salads.

We have a Value Added Pkg Caesar Salad

Contents are: Dole Caesar Dressing in an envelope, Garlic Croutons in a pkg, Parmesan Cheese in a pkg, Romaine Lettuce

Since it only contains romaine lettuce and the product has not been mixed or processed, shouldn't it be covered under the COOL regulations. As of right now, our understanding is that it is not because it contains dressing. I question why not as it is only fresh Romaine lettuce and not mixed together.