Issues: Country of Origin Labeling

Cut Scenarios

The following questions and answers were asked during the August 6, 2008 PMA/Western Growers Webinar on the USDA's interim final rule on mandatory country of origin labeling. PMA thanks USDA for answering these questions, thereby providing members and industry with the agency's interpretation on various COOL scenarios as they pertain to cut, blended, processed, mixed, and commingled product.

Is an unprocessed commingled product (such as a bag of apples that also contain oranges) excluded as a commingled product? Your example of a bag of apples containing oranges would be considered a processed food item since it contains more than one covered commodity.

Would COOL be required for a single precut item packaged for immediate consumption - for example, a container of cut watermelon? Yes, chopping, cutting and dicing are activities that would not change the character of fruits and vegetables; thus, a cut watermelon must be labeled.

Is in-store, processed, cut fruit covered unless it is in a mix, i.e., cored pineapple? Coring, trimming, cutting, chopping, and slicing any covered commodity such as a pineapple, are activities that do not change the character of the product and therefore a cored pineapple would not be considered a processed food item. However, if the pineapple is part of a mix with other covered commodities, such as strawberries, then it would be considered to be processed and therefore exempt.

Explain again on prepared items such as mixed fruit cups cut in our store. If the fruit cup consists of mixed covered commodities i.e., bananas and strawberries, it would be exempt from COOL.

We receive commodities from several countries, can we list all the countries or does it have to be a specific country? The product must identify the specific country of origin for that product.

If carrots are grown in California then exported to Mexico to be cut and peeled, they can be brought back to the US for sale as product of United States even though they were processed in Mexico? Yes, in this example they can be sold as product of the United States because the definition of U.S. origin for produce is where the product was grown. However a verifiable audit trail must be maintained to document that the carrots grown in California, processed in Mexico are the same carrots that returned to the United States.

If a store produces its own cut fruit, does it need to label for COO? Yes, if the cut fruit is of the same commodity, i.e., cantaloupes from three countries, but not if the cantaloupe is mixed with berries. The latter example would fall under the definition of processed. If the cut fruit is sold as part of the salad bar, it would not been to be labeled.

If a covered commodity is pasteurized, does that constitute a sufficient "change of character" and thereby making it exempt? Yes, for perishable agricultural commodities, specific processing that results in a change of character includes: cooking (frying, broiling, grilling, boiling, steaming, baking and roasting); curing (salt curing, sugar curing, drying); smoking (hot or cold); and restructuring (emulsifying and extruding).

We slice and pack together peppers from Mexico and onions from USA is this a product of USA? This would be exempt. The mixing of peppers and onions would be considered a processed product not covered by COOL. We label our retail fresh cuts as "product of California, USA." As long as the origin is California then this is acceptable.

Cut cantaloupe is a covered commodity, but a mix of cut cantaloupe and cut honeydew isn't? By combining covered commodities, this results in a processed food item and is therefore exempt from COOL. USDA invites industry comments on this issue. And what about fruit and vegetable trays in which cut product is separated into different compartments? This would be considered a processed item and exempt from COOL.

Cut fruit? One item verses two or more items? Just cutting the fruit does not make it a processed item; however, combining two or more covered items does make it into a processed item and therefore exempt.

If you have a mixed bag of salad and the ingredients are coming from different countries, do you have to list all the countries by each ingredient? You should list all the countries of origin unless the mixed bag meets the definition of processed (for example, lettuce, carrots and cabbage in the bag would be processed).

If you have a bowl/container of mixed melons and pineapple, it is not covered under COOL. If you have the same size bowl and it contains a single commodity, is it then covered under COOL? Yes, single covered commodities need COO information whereas combining one covered commodity with at least one other covered commodity does not need COO information.

On bagged salads that do NOT contain another commodity (i.e., spring mix) can you use produce of USA and/or Mexico? No, you may not use the terminology “and/or.” The origin must be definitive. Or do we have to maintain 3 different packages one for produce of USA, one for produce of Mexico, and one for produce of USA and Mexico depending on time of year? You could provide the origin information on the invoice or by using check boxes.

What is the rationale behind requiring COOL for single processed items (e.g., chunked cantaloupes only) vs. combined items (e.g., cantaloupes and honeydew)? COOL is only required for covered commodities. When a covered commodity is combined with at least one other covered commodity then it becomes a processed food item and exempt from COOL.

Is a bagged salad that contains both Romaine lettuce, Butter lettuce and then also Radicchio or Cabbage exempt? Yes, a bag of salad that contains lettuce and cabbage would be exempt. However, at this time, if the bag of salad only contains mixed lettuce, it would be covered by COOL. AMS requests your comments on the issue which can be forwarded to COOL@usda.gov.

If there is a fruit cup with bananas from Ecuador, papayas from the Dominican Republic and melons from Mexico, is it considered processed and excluded from COOL? This would be excluded since it would be a processed item.

Are packaged salads exempt (you gave the example of a salad mix that includes lettuce and carrots and salad dressing) - but is it the dressing that makes the difference? It is combination of the covered products (lettuce and carrots).

What is the difference between processed combined commodities versus single commodities of different varieties? What would be the status are the following: 1)- mixed herb retail packs of three different varieties (i.e., oregano, thyme, rosemary) versus; 2)-mixed mint retail packs: three varieties of mint(i.e., spearmint, peppermint, and other mint)? Herbs combined in this manner would be considered processed and exempt from COOL requirements.