Country of Origin Labeling (COOL) and Livestock Producers
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CIS 1146 Country of Origin Labeling (COOL) and Livestock Producers by Danielle Gunn and C. Wilson Gray Country of Origin Labeling, or “COOL,” became This publication provides information on the law in the 2002 Farm Bill. Implementation was background of the law, how it might affect sales delayed twice by Congress. The COOL law was of U.S. meat, and how producers can track and modified and implemented by the 2008 Farm provide documentation regarding the origin of Bill, which mandated that COOL become effec- their livestock. tive September 30, 2008. The “final rule” for COOL—which gives details on how the law is to be implemented—was released on January 12, What is COOL? 2009, and became effective on March 16, 2009. COOL requires country of origin labeling for This mandatory law requires that producers muscle cuts of beef, lamb, chicken, goat, and provide country of origin information in order to pork; ground beef, ground lamb, ground sell their products. The USDA’s Agricultural chicken, ground goat, and ground pork; as well Marketing Service sometimes refers to COOL as as perishable agricultural commodities includ- “MCOOL,” or Mandatory Country of Origin ing fresh and frozen fruits and vegetables; Labeling. peanuts; pecans; ginseng; and macadamia nuts. The law first passed in 2002 as part of the Farm Security and Rural Investment Act of 2002, but APPENDIX CONTENTS the implementation was delayed in 2004 for all commodities except for wild and farm-raised fish RECOMMENDED COUNTRY OF ORIGIN AFFIDAVIT/ DECLARATION STATEMENTS and shellfish. In 2005 the implementation was delayed again until September 30, 2008. Continuous Country of Origin Affidavit/Declaration............8 On July 29, 2008, an “interim final rule” was Origin Declaration Language for Seller/Buyer Invoices and Other Sales Documents with a Continuous Declaration on released which details how the law is to be Record or as a Stand-Alone Declaration of Origin.............8 implemented. This rule went into effect on September 30. The final rule was released on Appended Declaration Statement for Immediate/Direct January 12, 2009, and contains minor changes Supplier Transactions to Packers ......................................8 to the interim rule. COOL RECORD SHEETS Some meat producers might be under the Breeding stock records of sale ..........................................9 impression that COOL is a food-safety law. In Cow-Calf records of sale.................................................10 fact, COOL is essentially a marketing program Feeders/stockers records of sale....................................11 to ensure that consumers receive one piece of information about covered commodities: the University of Idaho • College of Agricultural and Life Sciences country of origin. It cannot be construed as a food In some cases, according to the Choices mag- safety issue because it makes no changes in who azine article, consumers may in fact prefer meat can supply commodities or the requirements for from other countries. In a blind taste test, 34% of supplying commodities in the marketplace. All consumers said they preferred the taste of food products offered to U.S. consumers have Canadian beef compared to U.S. beef, and were supposedly already passed existing food safety willing to pay a premium for the Canadian standards. COOL is administered by the product. Argentine beef was favored over U.S. Agricultural Marketing Service (AMS) because it beef by 23% of consumers, and Australian beef is a marketing program. Food safety issues are by 17% of consumers. handled by the Food Safety and Inspection Interestingly, the Australian and Argentine Service (FSIS), or by the Animal and Plant beef products were from grass-fed cattle, while Health Inspection Service (APHIS), along with US and Canadian beef is generally grain-fed. the Food and Drug Administration (FDA). The Choices article points out that for some con- sumers, grass-fed beef is considered a higher quality product in terms of nutritional content. Will COOL help sell U.S. meat? Thus, the COOL law might actually lead some Most consumers want to know where their food consumers to buy meat from other countries, if comes from. In fact, according to a poll by that meat is viewed as being just as safe as the Zogby International, 94% believe they have a U.S. product, and superior in terms of taste and right to know the country of origin of their food. nutrition. The poll indicated that 90% believe knowing the Will consumers actually pay attention to the country of origin will allow them to make safer country of origin label? A study just released by food choices. Nearly half (48%) said they don’t USDA’s Economic Research Service revealed that know where the majority of their food comes consumer use of nutritional labeling has from. Nearly two-thirds go out of their way to declined over the last 10 years since the labels buy locally produced food. were modified to provide more clear and consis- If consumers want COOL information, does tent information for shoppers. This is especially that translate into a premium price for U.S. origin true for younger shoppers. We will have to wait meats? The answer is maybe. According to a 2004 and see whether the COOL labeling might also article in Choices magazine, several surveys have see similar changes over time. The report states: been conducted to assess U.S. consumers’ willing- “This report examines changes in consumers’ ness to pay a premium price for meat that is use of nutrition labels on food packages between labeled as a U.S. product, compared to unlabeled 1995-96 and 2005-06. The analysis finds that, meat. The results vary widely depending on the although a majority of consumers report using survey. Consumers indicated a willingness to pay nutrition labels when buying food, use has anywhere from 2.5% to 58% extra for meat that declined for most label components, including was from the United States (table 1). The article the Nutrition Facts panel and information about also points out that consumers are only willing to calories, fats, cholesterol, and sodium. By con- pay a premium for U.S. meat if the U.S. product is trast, use of fiber information has increased. The believed to be safer and of higher quality than decline in label use is particularly marked for the the meat from other countries. cohort of adults less than 30 years old.” Table 1. Consumer indication of how much more theyʼd be willing to pay to obtain meat products with a “USA” label, compared to unlabeled meat products Survey Steak Hamburger Colorado, on-site survey, 2002 38% more 58% more Chicago and Denver, on-site survey, 2002 11% more 24% more United States survey via mail, 2003 2.5%-2.9% more (no data) Source: Umberger, Wendy J. Will Consumers Pay a Premium for Country-of-Origin Labeled Meat? Choices, 4th Quarter 2004. Available online at http://www.choicesmagazine.org/2004-4/cool/2004-4-04.htm page 2 What will be labeled? abbreviation “U.K.” can represent “the United Kingdom of Great Britain and Northern Ireland.” The mandatory country of origin labeling law Symbols or flags alone are not acceptable. requires many, but not all, retailers to ensure that country of origin information is provided A meat product from beef (including veal), for certain beef, lamb, pork and poultry products pork, lamb, chicken or goat must bear a COOL (covered commodities). The word “lamb” refers label or is subject to labeling providing COOL to any meat from sheep, including mutton. The information if: law also directs the Secretary of Agriculture to 1. It is sold at retail, AND issue regulations to implement these labeling requirements. While the final rule was released 2. It is a muscle cut, or on January 12, some aspects of the regulation 3. It is a ground product. could still be subject to change. The product is EXEMPT from COOL labeling Packers and processors that supply covered requirements if: commodities to retailers must provide COOL information to the retailers. That information 1. The meat product is sold at a food service can be provided to retailers in a number of establishment (such as restaurants, delis, ways, including providing the labels to the and institutions), OR retailer or labeling the product directly. 2. The meat product has undergone specific The law expressly establishes four general processing resulting in a change of char- categories of meat products. acter (such as cooking, curing, smoking or restructuring), or has been combined with 1. Product of the United States—A covered at least one other covered commodity or commodity is eligible for designation as other substantive food component. The “Product of the U.S.” only if it is derived exemption includes, for example, the fol- “from an animal that is exclusively born, lowing: (a) hot dogs and sausages, (b) raised and slaughtered in the United lunch meat, (c) cooked products, (d) States,” according to the AMS final rule. breaded products, (e) cured products, (f) 2. Multiple countries of origin—A product products in which the meat is an ingredi- is deemed to have multiple countries of ent (e.g., spaghetti sauce, pizza, frozen origin if the animal from which it was dinners), (g) fabricated steak, (h) meat- derived was born and/or raised in a differ- loaf, and (i) marinated pork tenderloin. ent country or countries, and then The labeling requirement states: slaughtered in the U.S. Covered commodi- ties in this category would have to iden- “In determining what is considered reasonable, tify all the relevant countries, including when a raw material from a specific origin is not the country in which slaughter took in a processor's inventory for more than 60 days, place. that country shall no longer be included as a possible country of origin.” 3.