AmOnline.com |

The Agricultural Marketing Service of the U.S. Department of Agriculture has issued its interim final rule, as implemented by the 2008 Farm Bill, requiring country of origin labeling (COOL) of covered commodities, according to candybusinessinsider, a candy industry newsletter.

For candy and snack makers, these include the perishable agricultural commodities of macadamia nuts, pecans, ginseng and peanuts.

Introduction to the rule states: "In order to meet the Sept. 30, 2008, implementation date and to provide the newly affected industries an opportunity to provide comments, the USDA is issuing this interim final rule which contains definitions and requirements for consumer notification and product marking, as well as the recordkeeping responsibilities of both retailers and suppliers for covered commodities."

The law exempts covered commodities from mandatory COOL if they are an ingredient in a processed food item, however, which the USDA describes as something that has "undergone specific processing resulting in a change in the character of the covered commodity, or that has been combined with at least one other covered commodity or other substantive food component (such as chocolate)." But the addition of a component such as water, salt, or sugar that enhances or represents a further step in the preparation of the product for consumption, would not in itself result in a processed food item.

Specific processing that results in a change in the character of the covered commodity includes baking and roasting, among others. Requirements must be met for a retailer to label a covered commodity as being of U.S. origin as well. In the case of peanuts, pecans, ginseng, and macadamia nuts, for imported covered commodities that have not subsequently been substantially transformed in the U.S. and that are commingled with imported and/or U.S. origin commodities, the declaration shall indicate the countries of origin for all covered commodities in accordance with Customs and Border Protection.