Fresh Fruit Labeling Manual Country of Origin Labeling (COOL) Country of origin labeling (COOL) for fresh produce sold at retail in the United States is required effective September 30, 2008.  An interim final rule for COOL to the newly amended Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) was published in the August 1, 2008 edition of the Federal Register (Volume 73, No. 149, Part II). USDA’s Agricultural Marketing Service is the federal agency responsible for COOL’s implementation.  AMS has a web page on COOL.   COOL Highlights and Best Practices:   Commercial shippers of fresh tree fruit must have the country of origin of any packed fruit displayed on the master shipping container.  (As already required 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 applies:  Can a store’s ordinary 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 must maintain COOL records for covered products for at least one year after shipment. 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 a mistake is made and a shipper does not supply the country of origin information to a retailer, the law allows 30 days for the shipper to come into compliance. A shipper charged with willfully violating COOL is allowed a hearing before USDA, with any possible ultimate fine limited to $1,000 per violation. Private rights of actions by consumers regarding COOL enforcement are banned. 8/05/08 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