. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/83 
8 October 2004 
 (04-4206) 
Committee on Technical Barriers to Trade Original:  English 
   
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   U. S. Department of Agriculture (88) 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Seafood Labelling 
(HS Chapter 0304) (ICS 67.120) 
5. Title, number of pages and language(s) of the notified document:   Mandatory Country 
of Origin Labelling of Fish and Shellfish;  Interim Rule  (43 pages, in English) 
6. Description of content:   The Farm Security and Rural Investment Act of 2002 (Farm Bill) 
and the 2002 Supplemental Appropriations Act (2002 Appropriations) amended the 
Agricultural Marketing Act of 1946 (Act) to direct the Secretary of Agriculture to 
promulgate regulations by Sept ember 30, 2004, requiring retailers to notify their customers 
of the country of origin of covered commod ities.  Covered commodities include muscle cuts 
of beef (including veal), lamb, and pork;  ground beef, ground lamb, and ground pork; 
farm-raised fish and shellfish; wild fish and shellfish;  perishable agricultural commodities; 
and peanuts.  The FY 2004 Consolidated  Appropriations Act (2004 Appropriations) 
(Public Law 108-199) delayed the applicability of mandatory country of origin labelling 
(COOL) for all covered commodities except wild and farm-raised fish and shellfish until 
30 September 2006.  After issuance of a propo sed rule, the Department has decided to 
provide further opportunity to comment due to  the changes made as a result of comments 
received and the costs associated with this rule.  This interim final rule contains definitions, 
the requirements for consumer notification an d product marking, and the recordkeeping 
responsibilities of both retailers and suppliers for fish and shellfish covered commodities. 
Regulatory provisions for the other covered commodities will be provided in a separate 
regulatory action as appropriate. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human health 
8. Relevant documents:   69 Federal Register (FR) 59750 5 October 2004;  Title 7 Code of 
Federal Regulations (CFR) Part 60.  Will a ppear in the Federal Register when adopted. G/TBT/N/USA/83 
Page 2  
 
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:   3 January 2005 
11. Texts available from:  National enquiry point [ X] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
Internet URLs: 
http://a257.g.akamaitech.net/7/257/24 22/06jun20041800/edocket.access.gpo.gov/2004/04-
22309.htm  
http://a257.g.akamaitech.net/7/257/2422/06j un2004/1800/edocket.a ccess.gpo.gov/2004/pdf/
04-22309.pdf