|
Country-of-Origin Labeling 
Country of Origin Labeling
Frequently Asked Questions
Download PDF Version
What is Country-of-Origin Labeling (COOL)?
COOL is a USDA marketing program mandated by the 2002 Farm Bill which requires retailers
to notify their customers of the country of origin of beef (including veal),
goat meat, lamb, pork, poultry, fish, and other perishable agricultural
commodities.
When does COOL begin?
The COOL law
is effective Sept. 30, 2008.
Why are producers required to participate
in a retail COOL program?
Livestock
producers are not directly regulated by the COOL law because livestock are not
considered covered commodities. However, only producers have first-hand
knowledge of the origin of their animals. Definitive origin information must be
provided to harvest facilities so the livestock which are processed into the
covered commodities can be accurately labeled at retail.
How can I comply with the COOL law?
There are
several ways to comply with COOL:
•
Affidavits:
Packers may rely on producer affidavits to initiate claims. Affidavits must be
made by someone having first-hand knowledge of and the ability to identify
animals unique to the transaction. TSCRA has provided suggested affidavits that
may be used to comply with COOL.
• National
Animal Identification System (NAIS): Animals that are part of a NAIS-compliant
system may base origin claims on an official ear tag and/or any accompanying
animal markings, as applicable.
• USDA-Approved
Age Verification Programs: Participation in USDA Quality System Verification
Programs (QSVP), such as the USDA Process Verified Program (PVP) and the
Quality Systems Assessment (QSA) Program that contain a source verification
component, is considered as acceptable evidence to substantiate COOL claims.
Am I required to use the TSCRA-provided
COOL affidavit process?
No. However,
TSCRA recommends that members use the affidavit process if they are not
participating in the NAIS program or one of the age-verification programs.
Why should I use the recommended affidavit process?
The recommended
affidavit process was developed by more than 30 industry organizations which
represented all production segments, packers, and retailers. These documents
will be used by the majority of the industry to comply with the COOL law.
TSCRA was
actively involved in developing the recommended affidavit process. TSCRA
leaders believe this approach yields the simplest, most effective, least
burdensome approach for producers, marketing businesses, feeders and packers to
implement and comply with COOL.
When am I required to provide a Country-of-Origin
Affidavit?
When cattle
are sold from one entity to another, the appropriate affidavit should be
provided to the buyer.
If animals
are moved from one location to another but ownership does not change, then no
affidavit is required. For example, if cattle are moved from summer to winter
pasture and ownership does not change, no affidavit is required.
When cattle
are shipped to a packer, even if the ownership has not technically changed, a
Country-of-Origin Affidavit will be required to accompany the cattle.
If the cattle belong to a partnership, who
is required to complete the Country-of-Origin Affidavit?
The member
of the partnership who has first-hand knowledge of the animal’s origin, or who completed
the prior affidavit should complete the new Country-of-Origin Affidavit when
the animals are sold.
How long is the Continuous Country-of-Origin
Affidavit valid?
The
recommended Continuous Country-of-Origin Affidavit is valid until it is revoked
in writing by the individual who signed the document.
Are affidavits a valid form of evidence for
country-of-origin claims?
Yes, as long
as they are supported by appropriate business records.
At the ranch
level, such records would prove those cattle were raised on the ranch, and may
include birth records, animal health papers, breed registry information,
veterinarian bills or any other records which will prove those cattle
originated at that ranch.
Along the marketing chain, evidence that identifies the animal(s) unique to a transaction can
include ear tags, brands, and other identifying marks along with information
such as the type and sex of the animals, number of head involved in the
transaction, the date of the transaction and the name of the buyer.
Other
records that may be used to assist in a COOL verification audit include birth
records, receiving records, purchase records, animal health papers, sales
receipts, animal inventory documents, feeding records, APHIS VS forms,
segregation plans, State Brand requirements, breeding stock information and
other similar documents.
How long do records need to be retained?
USDA
requires retailers maintain their country-of-origin records for at least one
year. At the production level, documents must be retained for longer periods.
TSCRA recommends that producers retain all COOL-related documents for at least
three years.
What cattle are “grandfathered” and presumed
to be of U.S. origin?
All animals in the U.S. on or before July 15, 2008, are presumed to be of U.S. origin.
These animals are considered “grandfathered” into the U.S.-origin category.
If I commingle purchased animals what am I
required to do?
A
subsequent producer-buyer (e.g., backgrounder, feeder) who commingles animals
from several sources is authorized to rely on previous producer affidavits to formulate
their own affidavit for the origin of the new lot. Such affidavits must also
identify the animals unique to the transaction.
Can a contracted, non-employee truck driver
complete the affidavit when cattle are loaded/unloaded?
No.
First-hand knowledge of the animal’s origin is required. A contracted truck
driver’s knowledge would be limited to where he picked up the load. The driver
would not have sufficient information about the chain of custody and other
information needed to provide the origin affidavit.
I sell my cattle to the same market/buyer/feedyard
every year. What am I required to do?
You can
provide that buyer with a Continuous Country-of-Origin Affidavit once. That
affidavit remains valid unless: (1) the origin information changes or (2) you
revoke the affidavit in writing.
Can my ranch records be audited for COOL
compliance?
USDA has the
authority to audit a packer, processor and/or retailer for COOL compliance. The
audited entity will then ask for country-of-origin verification from their
suppliers. Your affidavit, backed up by normal business records, will provide
this proof of origin. USDA personnel will not audit ranch business records
under the COOL law.
Am I required to report any animal movement
or register an animal’s country of origin?
No, there
are no reporting requirements associated with COOL.
Am I required to use special tags or
markings on animals?
No, there
are no tagging or animal identification requirements associated with COOL.
If my cattle are age-verified, will that
satisfy COOL requirements?
Participation
in USDA Quality System Verification Programs (QSVP), such as the USDA Process
Verified
Program
(PVP) and the Quality Systems Assessment (QSA) Program, that contain a source-verification
component is acceptable evidence to substantiate COOL claims.
Will participation in the National Animal
Identification System (NAIS) satisfy COOL requirements?
If the
producer participates in NAIS, that is considered sufficient documentation of
an animal’s origin. Participation in a NAIS program is voluntary, but
does provide a livestock producer “safe harbor” for COOL compliance.
Can NAIS records be used for COOL
compliance?
Producers
and feedlots with animals that are part of a NAIS-compliant system may rely on
the presence of an official ear tag and/or the presence of any accompanying
animal markings on which origin claims can be based.
What if animals are tagged or branded through
another country’s national identification system?
Producers
who own animals that are part of another recognized official identification
system (such as a Canadian official system or a Mexican official system) may base
origin claims on the presence of an official ear tag and/or animal markings
(i.e., “CAN”, “M” brands).
Who is responsible for enforcing COOL?
COOL is
administered by the United States Department of Agriculture Agricultural
Marketing Service (USDA-AMS).
Where can I view the COOL law and related
USDA regulations?
The AMS webpage for COOL is: http://www.usda.gov/cool
Who can I contact at TSCRA for more
information about COOL compliance?
|
