Fresh Fruit Labeling Manual

Country of Origin Labeling

Country of origin labeling (COOL) for fresh produce sold at retail in the United States has been required since September 30, 2008.  See the current and immediate past Farm Bills: Section 11002 of H.R. 2419, “The Food Conservation, and Energy Act of 2008” and Public Law 107-171, “The Farm Security and Rural Investment Act of 2002.”

Final regulations for COOL under the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) were published by USDA’s Agricultural Marketing Service in the Federal Register on January 15, 2009 with an effective date of March 16, 2009.  AMS has a web page on COOL located at www.ams.usda.go/COOL. 

BEST PRACTICES for COOL:

Commercial shippers of tree fruit for decades have been required to have the country of origin of any packed fruit displayed on the master shipping container--as mandated by PACA, the Perishable Agricultural Commodities Act of 1930.

Shippers of tree fruit grown in the United States are encouraged to label individual pieces of fruit, and/or such consumer containers as clamshells and bags with either “U.S. or USA” , e.g., USA Pears” or the specific state or region within the United States where the product was grown, e.g., “Washington Apples” or “Northwest Cherries.” 

There is no rule stating the type size required or specific format for the labeling of individual pieces of fruit regarding country of origin. The rule of reason would seem to apply: Can a store’s customer with ease determine the country where the fruit was grown from its labeling?

Should a shipper also handle imported produce, that fruit must be labeled with the proper country of origin, e.g., “Product of Chile.”

Shippers should maintain COOL records for products for one year from the date of the transaction.  There is no federal requirement for retailers to audit shippers in regard to COOL records.

Shippers should provide customers with the origin of the tree fruit sold on the applicable bill of lading. Some retailers may require specific country of origin information on each invoice submitted by suppliers.

If non-compliance is observed by a USDA representative, USDA will give notice to the shippers to come into compliance within thirty days..

1/28/09

    Northwest Horticultural Council
    105 South 18th Street, Suite 105
    Yakima, Washington 98901, USA
    Voice: (509) 453-3193, Fax: (509) 457-7615

    E-mail general@nwhort.org