AMS Seeks Comments on Mandatory Country of Origin Labeling for Fish and Shellfish in Order to Formulate a Final Rule
The USDA's Agriculture's Agricultural Marketing Service (AMS) has issued a notice announcing that it is reopening the comment period for 90 days for the October 2004 interim final rule for mandatory country of origin labeling (COOL) for fish and shellfish covered commodities, which became effective on April 4, 2005.
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AMS explains that the interim final rule imposed requirements on certain retailers and their suppliers to notify their customers of the country of origin and the method of production (wild and/or farm-raised) of specified fish and shellfish products. The interim final rule also specified recordkeeping responsibilities for affected retailers and their suppliers.
(See ITT's Online Archives or 12/05/05 news, 05120525, for BP summary of USDA guidance on mandatory retail COOL labeling for certain fish and shellfish. See ITT's Online Archives or 10/07/04 and 10/12/04 news, 04100715 and 04101220, for two-part BP summary of the October 2004 interim final rule.)
AMS Seeks Comments on Costs and Benefits of October 2004 Interim Final Rule
AMS is requesting general comment on the costs and benefits of the October 2004 interim final rule as well as certain specific questions outlined in its notice. AMS states that it will review the submitted comments and information as it promulgates a final rule for mandatory COOL for fish and shellfish. However, AMS notes that it seeks comments only on the economic impacts of the interim final rule at this time and any comments received on issues that are outside this scope will not be considered.
AMS states that it is particularly interested in written data, views, and facts pertaining to initial costs to implement the requirements of the interim final rule, ongoing costs to maintain compliance, the burden of the information collection and recordkeeping requirements, and any concomitant benefits resulting from the mandatory COOL program.
The following are highlights of AMS' questions concerning areas of special interest (partial list):
Implementation Costs. What costs were incurred by affected retailers and their suppliers to become compliant with the interim final rule? What, if any, changes in operational procedures were required to implement the requirements of the interim final rule?
Maintenance Costs. What costs are incurred annually by affected retailers and their suppliers to maintain compliance with the interim final rule? What, if any, changes in operational procedures are required to maintain compliance with the requirements of the interim final rule? What capital replacement costs are incurred?
Benefits. What economic benefits have resulted from implementation of the interim final rule? Has there been any overall demand response as a result of the labeling requirements for country of origin and method of production of fish and shellfish?
What product selection and purchase responses from customers have been observed as a result of the labeling program? Do customers seek and act on the country of origin and method of production information?
Have customers modified their purchase decisions based on the country of origin for labeled fish and shellfish products? If so, how? Have customers modified their purchase decisions based on the method of production (farm-raised and/or wild) for labeled fish and shellfish products? If so, how?
Net Economic Impact. What are the net economic impacts resulting from implementation of the interim final rule? Are the benefits greater or less than the costs of implementation?
- comments must be submitted on or before February 26, 2007 to be assured of consideration.
AMS Contact - Martin O'Connor (202) 720-4486
AMS Notice (D/N LS-03-04, FR Pub 11/27/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-19962.pdf
BP Note
The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Public Law (P.L.) 109-097), delays mandatory COOL for subject meat, produce, and peanuts until September 30, 2008 (from September 30, 2006). (See ITT's Online Archives or 12/07/05 news, 05120710, for BP summary of P.L. 109-097.)