marketing and regulatory programs country of origin labeling finfish & shellfish

Marketing and Marketing and Regulatory ProgramsRegulatory Programs

Country of Origin LabelingCountry of Origin Labeling

Finfish & ShellfishFinfish & Shellfish



Consumer Notification Required at Retail Country of Origin Wild or Farm Raised (Fish and Shellfish) Label or notice must:

– Be legible

– Be in English

– Not obscure other required information

Consumer Notification Required at Retail Country of Origin Wild or Farm Raised (Fish and Shellfish) Label or notice must:

– Be legible

– Be in English

– Not obscure other required information



Principal Components of the Proposed Rule Who must label What must be labeled Determining origin Recordkeeping

Principal Components of the Proposed Rule Who must label What must be labeled Determining origin Recordkeeping



Who Must Label - Retailer Retailer has meaning given in Perishable Agricultural

Commodities Act (PACA) – a business engaged in the selling of fresh and frozen fruits and vegetables at retail with an annual invoice value of more than $230,000

Exempts food service establishments including those within retail establishments (e.g. delis and salad bars)

Who Must Label - Retailer Retailer has meaning given in Perishable Agricultural

Commodities Act (PACA) – a business engaged in the selling of fresh and frozen fruits and vegetables at retail with an annual invoice value of more than $230,000

Exempts food service establishments including those within retail establishments (e.g. delis and salad bars)



Retailers USDA would identify retailers through PACA

licenses Approximately 4,500 licensees (37,000 stores) PACA definition excludes butcher shops, fish

markets, and exporters

Retailers USDA would identify retailers through PACA

licenses Approximately 4,500 licensees (37,000 stores) PACA definition excludes butcher shops, fish

markets, and exporters



Covered Commodities Beef, Pork, Lamb – muscle cuts and ground Fish and Shellfish (Wild and Farm Raised) Fresh and Frozen Fruits and Vegetables Peanuts

Covered Commodities Beef, Pork, Lamb – muscle cuts and ground Fish and Shellfish (Wild and Farm Raised) Fresh and Frozen Fruits and Vegetables Peanuts



Farm Raised Fish and Shellfish Harvested in controlled or selected

environments, including:

–Ocean-ranched fish (e.g. penned)

–Shellfish confined to managed beds

Farm Raised Fish and Shellfish Harvested in controlled or selected

environments, including:

–Ocean-ranched fish (e.g. penned)

–Shellfish confined to managed beds



Wild Fish and Shellfish Naturally-born or hatchery-originated and

released in the wild Harvested in the wild (from non-controlled

waters or beds)

Wild Fish and Shellfish Naturally-born or hatchery-originated and

released in the wild Harvested in the wild (from non-controlled

waters or beds)



Exclusions Covered commodities are excluded if an

“ingredient in a processed food item” Regulation defines “processed food item” Does not exclude covered commodities just

because they have been further prepared for consumption

Exclusions Covered commodities are excluded if an

“ingredient in a processed food item” Regulation defines “processed food item” Does not exclude covered commodities just

because they have been further prepared for consumption



Processed Food Item – Change of Character A combination of ingredients that include a

covered commodity that has undergone a physical or chemical change, and has character that is different from that of the covered commodity

Processed Food Item – Change of Character A combination of ingredients that include a

covered commodity that has undergone a physical or chemical change, and has character that is different from that of the covered commodity



Processed Food Item Examples of covered commodities excluded

because of change of character:– Oranges squeezed to make orange juice

– Pork bellies cured and smoked to make bacon


because of change of character:– Oranges squeezed to make orange juice

– Pork bellies cured and smoked to make bacon



Processed Food Item – Combination of Substantive Food Components

A covered commodity that has been combined with:– Other covered commodities– Other substantive food components, And has a character different than that of the

covered commodity

Processed Food Item – Combination of Substantive Food Components

A covered commodity that has been combined with:– Other covered commodities– Other substantive food components, And has a character different than that of the

covered commodity




because they are a combination of substantive food components:– Bagged salad (e.g. lettuce, carrots and cabbage)– Fruit trays/Vegetable trays (e.g. party trays)– Seafood medley (e.g. shrimp, scallops and clams)– Mixed nuts


because they are a combination of substantive food components:– Bagged salad (e.g. lettuce, carrots and cabbage)– Fruit trays/Vegetable trays (e.g. party trays)– Seafood medley (e.g. shrimp, scallops and clams)– Mixed nuts



Covered Commodities Required to be Labeled Examples:

– Solution-enhanced and seasoned pork loin– Cooked beef roast– Canned salmon– Bagged lettuce– Canned roasted and salted peanuts– Breaded shrimp

Covered Commodities Required to be Labeled Examples:

– Solution-enhanced and seasoned pork loin– Cooked beef roast– Canned salmon– Bagged lettuce– Canned roasted and salted peanuts– Breaded shrimp



United States Country of Origin Wild Fish and Shellfish: Must be derived

exclusively from fish or shellfish: – Harvested in U.S. waters, or by a U.S. flagged

vessel; and

– Processed in the U.S., or aboard a U.S. flagged vessel

United States Country of Origin Wild Fish and Shellfish: Must be derived

exclusively from fish or shellfish: – Harvested in U.S. waters, or by a U.S. flagged

vessel; and

– Processed in the U.S., or aboard a U.S. flagged vessel



United States Country of Origin Farm-raised Fish and Shellfish: Must be

derived exclusively from fish or shellfish hatched, raised, harvested, and processed in the U.S.

United States Country of Origin Farm-raised Fish and Shellfish: Must be

derived exclusively from fish or shellfish hatched, raised, harvested, and processed in the U.S.



Mixed Origin Product Products with an origin that includes

production steps (e.g., born, raised, slaughtered) that occurred in more than one country, including the U.S.

Mixed Origin Product Products with an origin that includes

production steps (e.g., born, raised, slaughtered) that occurred in more than one country, including the U.S.



Mixed Origin Product – Examples Shrimp harvested in Mexico and

processed in the U.S. Pork from animals born in Canada

and raised and slaughtered in U.S.

Mixed Origin Product – Examples Shrimp harvested in Mexico and

processed in the U.S. Pork from animals born in Canada

and raised and slaughtered in U.S.



Labeling Mixed Origin Product – Examples Pork –Imported from Canada, Raised and

Slaughtered in United States Halibut – Imported from Japan, Processed in

the United States

Labeling Mixed Origin Product – Examples Pork –Imported from Canada, Raised and

Slaughtered in United States Halibut – Imported from Japan, Processed in

the United States



Blended Products Specific covered commodities of

different origins that are combined for retail sales – (e.g., shrimp or ground beef)

Blended Products Specific covered commodities of

different origins that are combined for retail sales – (e.g., shrimp or ground beef)



Labeling Blended Products Each specific origin included in the

blend must be included on the label in alphabetical order

Labeling Blended Products Each specific origin included in the

blend must be included on the label in alphabetical order



Labeling Blended Products-Examples Shrimp tails –Product of Mexico and

Product of USA Ground beef – Product of Australia;

Imported from Mexico, Raised and Slaughtered in U.S.A.; Product of U.S.A.

Labeling Blended Products-Examples Shrimp tails –Product of Mexico and

Product of USA Ground beef – Product of Australia;

Imported from Mexico, Raised and Slaughtered in U.S.A.; Product of U.S.A.



Labeling Imported Covered Commodities Imported covered commodities shall retain

the origin as determined by U.S. Customs and Border Protection

Labeling Imported Covered Commodities Imported covered commodities shall retain

the origin as determined by U.S. Customs and Border Protection



Labeling Imported Covered Commodities – Example

Farm Raised Salmon – Product of Chile

Labeling Imported Covered Commodities – Example

Farm Raised Salmon – Product of Chile



Information Suppliers must provide origin information

to buyers

Information Suppliers must provide origin information

to buyers



Recordkeeping Requires documentation to substantiate origin

claims Provide chain of custody information

Recordkeeping Requires documentation to substantiate origin

claims Provide chain of custody information



Recordkeeping - Suppliers Must possess or have legal access to records that

substantiate origin claims Must maintain records unique to each transaction

for 2 years Records must identify previous source and

subsequent recipient of product

Recordkeeping - Suppliers Must possess or have legal access to records that

substantiate origin claims Must maintain records unique to each transaction

for 2 years Records must identify previous source and

subsequent recipient of product



Recordkeeping - Retailers Must maintain for 2 years from the date of retail sales

records that identify the supplier, product unique to the transaction, and the origin information

Must maintain at the store for 7 days the records that were relied on at point of sale to make origin claims

Not required to verify the accuracy of information provided by suppliers, but will be responsible if they use erroneous information that they should have suspected was incorrect

Recordkeeping - Retailers Must maintain for 2 years from the date of retail sales

records that identify the supplier, product unique to the transaction, and the origin information

Must maintain at the store for 7 days the records that were relied on at point of sale to make origin claims

Not required to verify the accuracy of information provided by suppliers, but will be responsible if they use erroneous information that they should have suspected was incorrect



Compliance USDA will seek to enter into cooperative

agreements with each State for retail compliance reviews

USDA would coordinate the scheduling and determine procedures for reviews

Compliance USDA will seek to enter into cooperative

agreements with each State for retail compliance reviews

USDA would coordinate the scheduling and determine procedures for reviews



Is There a Significant Market Failure? Strongest case is inadequate or asymmetric

information But, no apparent barriers to private

provision of COOL Thus, no compelling market failure

justification

Is There a Significant Market Failure? Strongest case is inadequate or asymmetric

information But, no apparent barriers to private

provision of COOL Thus, no compelling market failure

justification



Benefits Survey findings show that COOL is of interest to majority

of consumers Experimental & survey findings identify large consumer

willingness to pay for COOL Market evidence indicates limited demand for COOL Limitations of studies coupled with market evidence

suggest only small benefits from mandatory COOL

Benefits Survey findings show that COOL is of interest to majority

of consumers Experimental & survey findings identify large consumer

willingness to pay for COOL Market evidence indicates limited demand for COOL Limitations of studies coupled with market evidence

suggest only small benefits from mandatory COOL


Farm-Raised ShellfishFarm-Raised Shellfish

Hatchery/nursery-Provide adequate information for an auditor to verify origin of seed, eyed larvae and set cultch.

o spawning recordso Brood stock recordso Spat collection recordso Production recordso Import permitso Crop reports

Hatchery/nursery-Provide adequate information for an auditor to verify origin of seed, eyed larvae and set cultch.

o spawning recordso Brood stock recordso Spat collection recordso Production recordso Import permitso Crop reports


Grow-OutGrow-Out

Segregate by origin and manner of production

Cultch purchase recordsSeed transfer recordsTransplant recordsCrop reportsHarvest recordsSeed/eyed larvae records

Segregate by origin and manner of production

Cultch purchase recordsSeed transfer recordsTransplant recordsCrop reportsHarvest recordsSeed/eyed larvae records


Processor/DealerProcessor/Dealer

Segregate according to origin and manner of production and label

Harvest reports HACCP Records Receiving logs Shipping records/bills of lading Invoices Tags

Segregate according to origin and manner of production and label

Harvest reports HACCP Records Receiving logs Shipping records/bills of lading Invoices Tags

marketing and regulatory programs country of origin labeling finfish & shellfish

Documents

shellfish wild

beds wild fish

fish markets

penned shellfish

oceanranched fish

recordkeeping slide

retail establishments

beds farm