This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

33917 

Vol. 72, No. 118 

Wednesday, June 20, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 60 

[Docket No. AMS–LS–06–0081; LS–04–04] 

RIN 0581–AC26 

Mandatory Country of Origin Labeling 

of Beef, Lamb, Pork, Perishable 

Agricultural Commodities, and 

Peanuts 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed Rule; reopening of 

comment period. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is reopening the 

comment period for 60 days for the 

proposed rule for mandatory country of 

origin labeling (COOL) for beef, lamb, 

pork, perishable agricultural 

commodities, and peanuts that was 

published in the Federal Register on 

October 30, 2003 (68 FR 61944). AMS 

requests general comments on the 

proposed rule taking into account that 

the Agency has changed corresponding 

definitions and requirements in the 

interim final rule for fish and shellfish 

published in the Federal Register on 

October 5, 2004 (69 FR 59708). When 

preparing comments on the proposed 

rule, AMS asks that interested parties 

consider the provisions of the interim 

final rule for fish and shellfish and 

whether the definitions and 

requirements in the interim final rule 

can also be applied to beef, lamb, pork, 

perishable agricultural commodities, 

and peanuts. The interim final rule’s 

definitions and requirements include, 

but are not limited to: Processed food 

item definition, country of origin 

notification, markings, and 

recordkeeping requirements. All 

affected persons are hereby given notice 

of the opportunity to submit written 

data and views concerning the proposed 

rule. AMS will review and consider the 

submitted comments and information as 

it promulgates a final regulatory action 

for mandatory COOL for beef, lamb, 

pork, perishable agricultural 

commodities and peanut covered 

commodities. AMS is simultaneously 

reopening the comment period for the 

interim final rule for the mandatory 

COOL program for fish and shellfish 

covered commodities. 

DATES: Comments must be submitted on 

or before August 20, 2007, to be assured 

of consideration. 

ADDRESSES: Comments should be 

submitted through the Internet at 

http://www.regulations.gov. Send 

written comments to: Country of Origin 

Labeling Program, Room 2607–S; 

Agricultural Marketing Service (AMS), 

USDA; 1400 Independence Avenue, 

SW., Washington, DC 20250–0254, or by 

facsimile to (202) 720–1112. Comments 

received will be posted on the Web site 

http://www.regulations.gov. Comments 

sent to the above location that 

specifically pertain to the information 

collection and recordkeeping 

requirements should also be sent to the 

Desk Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), New Executive Office Building, 

725 17th Street, NW., Room 725, 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Martin O’Connor, Chief; Standards, 

Analysis, and Technology Branch; 

Livestock and Seed Program, AMS, 

USDA, by telephone on (202) 720–4486, 

or via e-mail to: COOL@usda.gov. 

Information can also be found at 

http://www.ams.usda.gov/cool/. 

SUPPLEMENTARY INFORMATION: The Farm 

Security and Rural Investment Act of 

2002 (Farm Bill) (7 U.S.C. 7901) and the 

2002 Supplemental Appropriations Act 

(Appropriations Act) (Pub. L. 107–206) 

amended the Agricultural Marketing Act 

of 1946 (7 U.S.C. 1621 et seq.) by adding 

7 U.S.C. 1638–1638d to direct the 

Secretary of Agriculture to promulgate 

regulations by September 30, 2004, 

requiring retailers to notify their 

customers of the country of origin of 

covered commodities. On October 30, 

2003, AMS published a proposed rule 

for mandatory COOL for all covered 

commodities—beef, lamb, pork, fish, 

perishable agricultural commodities, 

and peanuts (68 FR 61944). The 

proposed rule can be found at: http:// 

www.ams.usda.gov/cool/index.htm. 

Subsequently, the FY 2004 Consolidated 

Appropriations Act (Pub. L. 108–199) 

delayed the applicability of mandatory 

COOL for all covered commodities 

except wild and farm-raised fish and 

shellfish until September 30, 2006. The 

Agriculture, Rural Development, Food 

and Drug Administration, and Related 

Agencies Appropriations Act of 2006 

(Pub. L. 109–97) further delayed the 

applicability of mandatory COOL for all 

covered commodities except wild and 

farm-raised fish and shellfish until 

September 30, 2008. On October 5, 

2004, AMS published an interim final 

rule (69 FR 59708) for the mandatory 

COOL program for fish and shellfish. 

The interim final rule can be found at: 

http://www.ams.usda.gov/cool/ 

index.htm. The interim final rule 

became effective on April 4, 2005. 

AMS reopened the interim final rule’s 

comment period for 90 days on 

November 27, 2006 (71 FR 68431). The 

reopened comment period was limited 

to comments concerning the economic 

impacts of the interim final rule, 

including implementation costs, 

maintenance, the burden of the 

information collection and 

recordkeeping requirements, benefits, 

and net economic impacts. Further, 

comments and information received as 

a result of the reopened interim final 

rule’s comment period, to the extent 

relevant, would be reviewed in 

connection with any final regulatory 

action for any of the covered 

commodities. 

In preparation for promulgating a 

final regulatory action, AMS seeks 

comment on all aspects of the proposed 

rule for mandatory COOL for beef, lamb, 

pork, perishable agricultural 

commodities, and peanuts as well as 

specific comments, data, and other 

relevant information on whether the 

definitions and requirements contained 

in the interim final rule for fish and 

shellfish can be applied to a mandatory 

COOL program for beef, lamb, pork, 

perishable agricultural commodities and 

peanuts. Additionally, interested parties 

are requested to provide comments and 

perspective related to the information 

that is to be provided from a mandatory 

COOL program and the expected costs 

and benefits of such a program. While 

AMS welcomes all comments on a 

mandatory COOL program for the 

applicable covered commodities, 

comments addressing the following 

definitions and requirements are of 

special interest: 


rwilkins on PROD1PC63 with PROPOSALS
33918 Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Proposed Rules 

Processed Food Item 

In an effort to make the definition of 

a processed food item clearer in the 

interim final rule, AMS modified the 

language in the proposed rule for fish 

and shellfish to provide specific 

examples of the types of processing that 

that would result in a product being 

considered a processed food item. 

Under the interim final rule, all cooked 

items (e.g., canned fish, cooked shrimp) 

and breaded products are considered 

processed food items and are excluded 

from coverage. In addition, retail items 

have given a distinct flavor (e.g., Cajun 

marinated catfish) are also considered 

processed food items. Should the 

Agency provide specific examples of the 

types of processing that would result in 

beef, lamb, pork, perishable agricultural 

commodity and peanut covered 

commodities being considered 

processed food items and excluded from 

coverage? Are there significant 

differences in the preparation of beef, 

lamb, pork, perishable agricultural 

commodities and peanuts for retail sale, 

compared to fish and shellfish, which 

the Agency should consider? Are the 

major components of the definition of a 

processed food item set forth in the 

interim final rule for fish and shellfish 

(i.e., change in character and/or 

combined with other substantive 

components) also applicable to beef, 

lamb, pork, perishable agricultural 

commodities and peanuts? 

Country of Origin Notification 

Under § 60.200 of the interim final 

rule for fish and shellfish, the 

requirements and procedures for 

labeling a covered commodity for 

country of origin are established. The 

interim final rule modified provision of 

the proposed rule by changing the 

labeling and notification requirements 

to simplify the labels and remain 

compliant and consistent with other 

existing Federal regulatory 

requirements. The interim final rule 

changed the requirements for the 

labeling of imported fish and shellfish 

covered commodities not substantially 

transformed in the United States, 

imported fish and shellfish covered 

commodities substantially transformed 

in the United States, and blended 

products (i.e., commingling of the same 

covered commodity). AMS seeks 

comments on the applicability of these 

requirements and procedures to beef, 

lamb, pork, perishable agricultural 

commodity and peanut covered 

commodities. Can the requirements 

contained in the interim final rule for 

fish and shellfish for determining the 

origin of imported products and 

products partially produced in a foreign 

country and imported into and further 

processed in the United States be used 

in whole or part? What would be the 

impact of applying the same or similar 

requirements for beef, lamb, pork, 

perishable agricultural commodity and 

peanut covered commodities? 

Markings 

Under § 60.300 of the interim final 

rule for fish and shellfish the types of 

markings permissible to label covered 

commodities are defined. AMS seeks 

comment on the established 

requirements for markings for all 

covered commodities which includes 

the type of labels allowed, placement, 

font, design, signs, location, and 

allowable abbreviations. 

Recordkeeping Requirements 

The recordkeeping requirements for 

retailers and suppliers are established 

under § 60.400 of the interim final rule 

for fish and shellfish. The interim final 

rule for fish and shellfish modified 

provisions of the proposed rule for fish 

and shellfish by significantly changing 

the record retention requirements of 

retailers and their suppliers. For 

example, the retention of records for a 

specific transaction was reduced from 2 

years to 1 year for both retailers and 

suppliers for certain records. 

Additionally, records required to verify 

country of origin and method of 

production for fish and shellfish 

covered commodities at the retail site 

were reduced from 7 days following 

retail sale of the product to the 

timeframe the product is for sale. AMS 

seeks comment on the impact of 

applying the recordkeeping 

requirements of the interim final rule for 

this proposed rule for beef, lamb, pork, 

perishable agricultural commodity and 

peanut covered commodities. Of 

particular interest are comments on 

internal recordkeeping systems that 

beef, lamb, pork, perishable agricultural 

commodity and peanut covered 

commodity suppliers may use to 

comply with requirements for providing 

accurate country of origin information 

to retailers. Are the retention periods 

established for records to substantiate 

claims in the interim final rule for fish 

and shellfish reasonable for this 

proposed rule given the nature of the 

covered commodities? How will the 

recordkeeping requirements set forth in 

the interim final rule for fish and 

shellfish impact the initial and 

intermediary suppliers of beef, lamb, 

pork, perishable agricultural commodity 

and peanut covered commodities in the 

supply chain? 

Timeframes for Products Produced 

Prior to the Implementation Date To 

Clear the Channels of Commerce 

In the interim final rule, fish and 

shellfish covered commodities derived 

from fish and shellfish caught or 

harvested before December 6, 2004, 

were exempt from the mandatory COOL 

program. This provision was provided 

to allow products without source 

verification information produced prior 

to the implementation date (i.e., April 4, 

2005) to clear the channels of 

commerce. Since harvest is a key 

component of determining origin, this 

provision allowed suppliers time to 

develop the necessary verification and 

recordkeeping systems to comply with 

the mandatory COOL program. That 

being said, should specific timeframes 

for exempting beef, lamb, pork, 

perishable agricultural commodity and 

peanut covered commodities without 

verifiable records produced prior to an 

implementation date be established in 

this proposed rule? If so, what should be 

the specific timeframe for each covered 

commodity? 

Authority: 7 U.S.C. 1621 et seq. 

Dated: June 14, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–3029 Filed 6–15–07; 8:53 am] 

BILLING CODE 3410–02–M 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 905 and 923 

[Docket Nos. AMS–FV–07–0017; FV07–905–

610 Review; and AMS–FV–07–0018; FV07–

923–610 Review] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; and Sweet 

Cherries Grown in Designated 

Counties in Washington; Section 610 

Reviews 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of review and request for 

comments. 

SUMMARY: This document announces 

that the Agricultural Marketing Service 

(AMS) plans to review Marketing Order 

905 (Oranges, Grapefruit, Tangerines, 

and Tangelos Grown in Florida), and 

Marketing Order 923 (Sweet Cherries 

Grown in Designated Counties in 

Washington) under the criteria 

contained in section 610 of the 

Regulatory Flexibility Act (RFA). 


rwilkins on PROD1PC63 with PROPOSALS