Country of Origin Labeling for Fish and Shellfish (7 CFR 60.101-60.400)

171 Agricultural Marketing Service, USDA § 60.101 (iv) The cut of lamb, referencing the most recent version of the Institu tional Meat Purchase Specifications (IMPS), when applicable; (v) USDA yield grade, if applicable; (vi) The product state of refrigera tion; (vii) The weight range of the cut; and (viii) The product delivery period. (c) Weekly Reporting of Imported Boxed Lamb Sales. The corporate officers or officially designated representatives of each lamb importer shall report to the Secretary on the first reporting day of each week the following information applicable to the prior week for im ported boxed lamb cut sales not later than 10 a.m. central time: (1) The price for each lot of a boxed lamb cut sale, quoted in dollars per hundredweight on a F.O.B. plant basis; (2) The quantity for each lot of a transaction, quoted by product weight sold; and (3) The following information regard ing the characteristics of each trans action: (i) The type of sale; (ii) The branded product characteris tics, if applicable; (iii) The cut of lamb, referencing the most recent version of the Institu tional Meat Purchase Specifications (IMPS), when applicable; (iv) The product state of refrigera tion; (v) The weight range of the cut; and (vi) The product delivery period. (d) Publication. The Secretary shall make available to the public the infor mation required to be reported in para graphs (a) and (b) of this section not less frequently than once each report ing day and the information required to be reported in paragraph (c) of this section on the first reporting day of the current slaughter week. Subpart E—OMB Control Number § 59.400 OMB control number assigned pursuant to the Paperwork Reduc tion Act. The information collection and rec ordkeeping requirements of this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control Number 0581–0186. PART 60—COUNTRY OF ORIGIN LABELING FOR FISH AND SHELLFISH Subpart A—General Provisions DEFINITIONS Sec. 60.101 Act. 60.102 AMS. 60.103 Commingled covered commodities. 60.104 Consumer package. 60.105 Covered commodity. 60.106 Farm-raised fish. 60.107 Food service establishment. 60.108–60.110 [Reserved] 60.111 Hatched. 60.112 Ingredient. 60.113 [Reserved] 60.114 Legible. 60.115 [Reserved] 60.116 Person. 60.117 [Reserved] 60.118 Pre-labeled. 60.119 Processed food item. 60.120–60.121 [Reserved] 60.122 Production step. 60.123 Raised. 60.124 Retailer. 60.125 Secretary. 60.126 [Reserved] 60.127 United States. 60.128 United States country of origin. 60.129 USDA. 60.130 U.S. flagged vessel. 60.131 Vessel flag. 60.132 Waters of the United States. 60.133 Wild fish and shellfish. COUNTRY OF ORIGIN NOTIFICATION 60.200 Country of origin notification. 60.300 Labeling. RECORDKEEPING 60.400 Recordkeeping requirements. Subpart B [Reserved] AUTHORITY: 7 U.S.C. 1621 et seq. SOURCE: 74 FR 2701, Jan. 15, 2009, unless otherwise noted. Subpart A—General Provisions DEFINITIONS § 60.101 Act. Act means the Agricultural Mar keting Act of 1946 (7 U.S.C. 1621 et seq.). VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 172 7 CFR Ch. I (1–1–17 Edition) § 60.102 § 60.102 AMS. AMS means the Agricultural Mar keting Service, United States Depart ment of Agriculture. § 60.103 Commingled covered commod ities. Commingled covered commodities means covered commodities (of the same type) presented for retail sale in a con sumer package that have been prepared from raw material sources having dif ferent origins. § 60.104 Consumer package. Consumer package means any con tainer or wrapping in which a covered commodity is enclosed for the delivery and/or display of such commodity to retail purchasers. § 60.105 Covered commodity. (a) Covered commodity means: (1)–(2) [Reserved] (3) Farm-raised fish and shellfish (in cluding fillets, steaks, nuggets, and any other flesh); (4) Wild fish and shellfish (including fillets, steaks, nuggets, and any other flesh); (5)–(6) [Reserved] (b) Covered commodities are excluded from this part if the commodity is an ingredient in a processed food item as defined in § 60.119. § 60.106 Farm-raised fish. Farm-raised fish means fish or shell fish that have been harvested in con trolled environments, including ocean ranched (e.g., penned) fish and includ ing shellfish harvested from leased beds that have been subjected to pro duction enhancements such as pro viding protection from predators, the addition of artificial structures, or pro viding nutrients; and fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. § 60.107 Food service establishment. Food service establishment means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. Similar food service facilities include salad bars, delicatessens, and other food enter prises located within retail establish ments that provide ready-to-eat foods that are consumed either on or outside of the retailer’s premises. §§ 60.108–60.110 [Reserved] § 60.111 Hatched. Hatched means emerged from the egg. § 60.112 Ingredient. Ingredient means a component either in part or in full, of a finished retail food product. § 60.113 [Reserved] § 60.114 Legible. Legible means text that can be easily read. § 60.115 [Reserved] § 60.116 Person. Person means any individual, part nership, corporation, association, or other legal entity. § 60.117 [Reserved] § 60.118 Pre-labeled. Pre-labeled means a covered com modity that has the commodity’s coun try of origin and method of production and the name and place of business of the manufacturer, packer, or dis tributor on the covered commodity itself, on the package in which it is sold to the consumer, or on the master shipping container. The place of busi ness information must include at a minimum the city and state or other acceptable locale designation. § 60.119 Processed food item. Processed food item means a retail item derived from fish or shellfish that has undergone specific processing re sulting in a change in the character of the covered commodity, or that has been combined with at least one other covered commodity or other sub stantive food component (e.g., breading, tomato sauce), except that the addition of a component (such as water, salt, or sugar) that enhances or represents a further step in the prepa ration of the product for consumption, VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 173 Agricultural Marketing Service, USDA § 60.132 would not in itself result in a processed food item. Specific processing that re sults in a change in the character of the covered commodity includes cook ing (e.g., frying, broiling, grilling, boil ing, steaming, baking, roasting), cur ing (e.g., salt curing, sugar curing, dry ing), smoking (hot or cold), and re structuring (e.g., emulsifying and ex truding, compressing into blocks and cutting into portions). Examples of items excluded include fish sticks, surimi, mussels in tomato sauce, sea food medley, coconut shrimp, soups, stews, and chowders, sauces, pates, smoked salmon, marinated fish fillets, canned tuna, canned sardines, canned salmon, crab salad, shrimp cocktail, gefilte fish, sushi, and breaded shrimp. §§ 60.120–60.121 [Reserved] § 60.122 Production step. Production step means in the case of: (a) [Reserved] (b) Farm-raised Fish and Shellfish: Hatched, raised, harvested, and proc essed. (c) Wild Fish and Shellfish: Har vested and processed. § 60.123 Raised. Raised means in the case of: (a) [Reserved] (b) Farm-raised fish and shellfish as it relates to the production steps de fined in § 60.122: The period of time from hatched to harvested. § 60.124 Retailer. Retailer means any person subject to be licensed as a retailer under the Per ishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). [78 FR 31385, May 24, 2013] § 60.125 Secretary. Secretary means the Secretary of Ag riculture of the United States or any person to whom the Secretary’s au thority has been delegated. § 60.126 [Reserved] § 60.127 United States. United States means the 50 States, the District of Columbia, the Common wealth of Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States, and the waters of the United States as de fined in § 60.132. § 60.128 United States country of ori gin. United States country of origin means in the case of: (a)–(b) [Reserved] (c) Farm-raised Fish and Shellfish: From fish or shellfish hatched, raised, harvested, and processed in the United States, and that has not undergone a substantial transformation (as estab lished by U.S. Customs and Border Pro tection) outside of the United States. (d) Wild-fish and Shellfish: From fish or shellfish harvested in the waters of the United States or by a U.S. flagged vessel and processed in the United States or aboard a U.S. flagged vessel, and that has not undergone a substan tial transformation (as established by U.S. Customs and Border Protection) outside of the United States. (e)–(f) [Reserved] § 60.129 USDA. USDA means the United States De partment of Agriculture. § 60.130 U.S. flagged vessel. U.S. flagged vessel means: (a) Any vessel documented under chapter 121 of title 46, United States Code; or (b) Any vessel numbered in accord ance with chapter 123 of title 46, United States Code. § 60.131 Vessel flag. Vessel flag means the country of reg istry for a vessel, ship, or boat. § 60.132 Waters of the United States. Waters of the United States means those fresh and ocean waters contained within the outer limit of the Exclusive Economic Zone (EEZ) of the United States as described by the Department of State Public Notice 2237 published in the FEDERAL REGISTER volume 60, No. 163, August 23, 1995, pages 43825–43829. The Department of State notice is re published in appendix A to this sub part. VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 174 7 CFR Ch. I (1–1–17 Edition) § 60.133 § 60.133 Wild fish and shellfish. Wild fish and shellfish means natu rally-born or hatchery-originated fish or shellfish released in the wild, and caught, taken, or harvested from non controlled waters or beds; and fillets, steaks, nuggets, and any other flesh from a wild fish or shellfish. COUNTRY OF ORIGIN NOTIFICATION § 60.200 Country of origin notification. In providing notice of the country of origin as required by the Act, the fol lowing requirements shall be followed by retailers: (a) General. Labeling of covered com modities offered for sale whether indi vidually, in a bulk bin, display case, carton, crate, barrel, cluster, or con sumer package must contain country of origin and method of production in formation (wild and/or farm-raised) as set forth in this regulation. (b) Exemptions. Food service estab lishments as defined in § 60.107 are ex empt from labeling under this subpart. (c) Exclusions. A covered commodity is excluded from this subpart if it is an ingredient in a processed food item as defined in § 60.119. (d) Designation of Method of Produc tion (Wild and/or Farm-Raised). Fish and shellfish covered commodities shall also be labeled to indicate whether they are wild and/or farm-raised as those terms are defined in this regula tion. (e) Labeling Covered Commodities of United States Origin. A covered com modity may only bear the declaration of ‘‘Product of the U.S.’’ at retail if it meets the definition of United States Country of Origin as defined in § 60.128. (f) Labeling Imported Products That Have Not Undergone Substantial Trans formation in the United States. An im ported covered commodity shall retain its origin as declared to U.S. Customs and Border Protection at the time the product entered the United States, through retail sale, provided that it has not undergone a substantial trans formation (as established by U.S. Cus toms and Border Protection) in the United States. (g) Labeling Imported Products That Have Subsequently Been Substantially Transformed in the United States. (1) [Re served] (2) Wild and Farm-Raised Fish and Shellfish: If a covered commodity was imported from country X and subse quently substantially transformed (as established by U.S. Customs and Bor der Protection) in the United States or aboard a U.S. flagged vessel, such prod uct shall be labeled at retail as ‘‘From country X, processed in the United States.’’ Alternatively, the product may be labeled as ‘‘Product of country X and the United States’’. (h) Labeling Commingled Covered Com modities. (1) For imported covered com modities that have not subsequently been substantially transformed in the United States that are commingled with other imported covered commod ities that have not been substantially transformed in the United States, and/ or covered commodities of U.S. origin and/or covered commodities as de scribed in § 60.200(g), the declaration shall indicate the countries of origin for covered commodities in accordance with existing Federal legal require ments. (2) For imported covered commod ities that have subsequently undergone substantial transformation in the United States that are commingled with other imported covered commod ities that have subsequently undergone substantial transformation in the United States (either prior to or fol lowing substantial transformation in the United States) and/or U.S. origin covered commodities, the declaration shall indicate the countries of origin contained therein or that may be con tained therein. (i) Remotely Purchased Products. For sales of a covered commodity in which the customer purchases a covered com modity prior to having an opportunity to observe the final package (e.g., Internet sales, home delivery sales, etc.), the retailer may provide the country of origin notification and method of production (wild and/or farm-raised) designation either on the sales vehicle or at the time the product is delivered to the consumer. § 60.300 Labeling. (a) Country of origin declarations and method of production (wild and/or VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 175 Agricultural Marketing Service, USDA § 60.400 farm-raised) designations can either be in the form of a placard, sign, label, sticker, band, twist tie, pin tag, or other format that provides country of origin and method of production infor mation. The country of origin declara tion and method of production (wild and/or farm-raised) designation may be combined or made separately. Except as provided in § 60.200(g) and 60.200(h) of this regulation, the declaration of the country(ies) of origin of a product shall be listed according to applicable Fed eral legal requirements. Country of ori gin declarations may be in the form of a check box provided it is in conform ance with other Federal legal require ments. Various forms of the production designation are acceptable, including ‘‘wild caught’’, ‘‘wild’’, ‘‘farm-raised’’, ‘‘farmed’’, or a combination of these terms for blended products that con tain both wild and farm-raised fish or shellfish, provided it can be readily un derstood by the consumer and is in conformance with other Federal label ing laws. Designations such as ‘‘ocean caught’’, ‘‘caught at sea’’, ‘‘line caught’’, ‘‘cultivated’’, or ‘‘cultured’’ are not acceptable substitutes. Alter natively, method of production (wild and/or farm-raised) designations may be in the form of a check box. (b) The declaration of the coun try(ies) of origin and method(s) of pro duction (wild and/or farm-raised) (e.g., placard, sign, label, sticker, band, twist tie, pin tag, or other display) must be placed in a conspicuous location, so as to render it likely to be read and un derstood by a customer under normal conditions of purchase. (c) The declaration of the coun try(ies) of origin and the method(s) of production (wild and/or farm-raised) may be typed, printed, or handwritten provided it is in conformance with other Federal labeling laws and does not obscure other labeling information required by other Federal regulations. (d) A bulk container (e.g., display case, shipper, bin, carton, and barrel), used at the retail level to present prod uct to consumers, may contain a cov ered commodity from more than one country of origin and/or more than one method of production (wild and farm raised) provided all possible origins and/or methods of production are list ed. (e) In general, country abbreviations are not acceptable. Only those abbre viations approved for use under CBP rules, regulations, and policies, such as ‘‘U.K.’’ for ‘‘The United Kingdom of Great Britain and Northern Ireland’’, ‘‘Luxemb’’ for Luxembourg, and ‘‘U.S. or USA’’ for the ‘‘United States’’ are acceptable. The adjectival form of the name of a country may be used as prop er notification of the country(ies) of origin of imported commodities pro vided the adjectival form of the name does not appear with other words so as to refer to a kind or species of product. Symbols or flags alone may not be used to denote country of origin. (f) State or regional label designa tions are not acceptable in lieu of country of origin labeling. RECORDKEEPING § 60.400 Recordkeeping requirements. (a) General. (1) All records must be legible and may be maintained in ei ther electronic or hard copy formats. Due to the variation in inventory and accounting documentary systems, var ious forms of documentation and records will be acceptable. (2) Upon request by USDA represent atives, suppliers and retailers subject to this subpart shall make available to USDA representatives, records main tained in the normal course of business that verify an origin claim and method of production (wild and/or farm-raised). Such records shall be provided within 5 business days of the request and may be maintained in any location. (b) Responsibilities of suppliers. (1) Any person engaged in the business of sup plying a covered commodity to a re tailer, whether directly or indirectly, must make available information to the buyer about the country(ies) of ori gin and method(s) of production (wild and/or farm-raised), of the covered commodity. This information may be provided either on the product itself, on the master shipping container, or in a document that accompanies the prod uct through retail sale provided that it identifies the product and its coun try(ies) of origin and method(s) of pro duction. In addition, the supplier of a VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 176 7 CFR Ch. I (1–1–17 Edition) § 60.400 covered commodity that is responsible for initiating a country(ies) of origin and method(s) of production (wild and/ or farm-raised) claim must possess records that are necessary to substan tiate that claim for a period of 1 year from the date of the transaction. Pro ducer affidavits shall also be consid ered acceptable records that suppliers may utilize to initiate origin claims, provided it is made by someone having first-hand knowledge of the origin of the covered commodity and identifies the covered commodity unique to the transaction. (2) Any intermediary supplier han dling a covered commodity that is found to be designated incorrectly as to the country of origin and/or method of production (wild and/or farm-raised) shall not be held liable for a violation of the Act by reason of the conduct of another if the intermediary supplier re lied on the designation provided by the initiating supplier or other inter mediary supplier, unless the inter mediary supplier willfully disregarded information establishing that the country of origin and/or method of pro duction (wild and/or farm-raised) dec laration was false. (3) Any person engaged in the busi ness of supplying a covered commodity to a retailer, whether directly or indi rectly (i.e., including but not limited to harvesters, producers, distributors, handlers, and processors), must main tain records to establish and identify the immediate previous source (if ap plicable) and immediate subsequent re cipient of a covered commodity for a period of 1 year from the date of the transaction. (4) For an imported covered com modity (as defined in § 60.200(f)), the importer of record as determined by U.S. Customs and Border Protection, must ensure that records: provide clear product tracking from the port of entry into the United States to the im mediate subsequent recipient and accu rately reflect the country of origin and method of production (wild and/or farm-raised) of the item as identified in relevant CBP entry documents and in formation systems; and must maintain such records for a period of 1 year from the date of the transaction. (c) Responsibilities of retailers. (1) In providing the country of origin and method of production (wild and/or farm-raised) notification for a covered commodity, in general, retailers are to convey the origin and method of pro duction information provided to them by their suppliers. Only if the retailer physically commingles a covered com modity of different origins and/or methods of production in preparation for retail sale, whether in a consumer ready package or in a bulk display (and not discretely packaged) (i.e., full serv ice fish case), can the retailer initiate a multiple country of origin and/or method of production designation that reflects the actual countries of origin and method of production for the re sulting covered commodity. (2) Records and other documentary evidence relied upon at the point of sale to establish a covered commod ity’s country(ies) of origin and designa tion of wild and/or farm-raised must ei ther be maintained at the retail facil ity or at another location for as long as the product is on hand and provided to any duly authorized representative of USDA in accordance with § 60.400(a)(2). For pre-labeled products, the label itself is sufficient information on which the retailer may rely to estab lish the product’s origin and method(s) of production (wild and/or farm-raised) and no additional records documenting origin and method of production infor mation are necessary. (3) Records that identify the covered commodity, the retail supplier, and for products that are not pre-labeled, the country of origin information and the method(s) of production (wild and/or farm-raised) must be maintained for a period of 1 year from the date the dec laration is made at retail. (4) Any retailer handling a covered commodity that is found to be des ignated incorrectly as to the country of origin and/or the method of produc tion (wild and/or farm-raised) shall not be held liable for a violation of the Act by reason of the conduct of another if the retailer relied on the designation provided by the supplier, unless the re tailer willfully disregarded information establishing that the country of origin and/or method of production declara tion was false. VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00186 Fmt 8010 Sfmt 8006 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 177 Agricultural Marketing Service, USDA § 61.2 Subpart B [Reserved] PART 61—COTTONSEED SOLD OR OFFERED FOR SALE FOR CRUSH ING PURPOSES (INSPECTION, SAMPLING AND CERTIFICATION) Subpart A—Regulations DEFINITIONS Sec. 61.1 Words in singular form. 61.2 Terms defined. 61.2a Designation of official certificates, memoranda, marks, other identifica tions, and devices for purpose of the Ag ricultural Marketing Act. ADMINISTRATIVE AND GENERAL 61.3 Director. 61.4 Supervisor of cottonseed inspection. 61.5 Regulations to govern. 61.6 Denial of further services. 61.7 Misrepresentation. 61.8 Application for review. 61.9 Cost of review. LICENSED COTTONSEED SAMPLERS 61.25 Application for license as sampler; form. 61.27 Period of license; renewals. 61.30 Examination of sampler. 61.31 License must be posted. 61.32 No discrimination in sampling. 61.33 Equipment of sampler; contents of cer tificate. 61.34 Drawing and preparation of sample. 61.36 Cause for suspension or revocation. 61.37 License may be suspended. 61.38 Suspended license to be returned to Division. 61.39 Duplicate license. 61.40 Reports of licensed samplers. 61.41 Unlicensed persons must not represent themselves as licensed samplers. 61.42 Information on sampling to be kept confidential. Subpart B—Standards for Grades of Cot tonseed Sold or Offered for Sale for Crushing Purposes Within the United States 61.101 Determination of grade. 61.102 Determination of quantity index. 61.103 Determination of quality index. 61.104 Sampling and certification of samples and grades. SOURCE: 22 FR 10948, Dec. 28, 1957, unless otherwise noted. Subpart A—Regulations AUTHORITY: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624). DEFINITIONS § 61.1 Words in singular form. Words used in the regulations in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. § 61.2 Terms defined. As used throughout the regulations in this part, unless the context other wise requires, the following terms shall be construed, respectively to mean: (a) The act. The applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. 1087; 7 U.S.C. 1621 et seq.) or any other act of Congress conferring like authority. (b) Regulations. Regulations mean the provisions in this subpart. (c) Department. The United States De partment of Agriculture. (d) Secretary. The Secretary of Agri culture of the United States, or any of ficer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (e) Service. The Agricultural Mar keting Service of the United States De partment of Agriculture. (f) Administrator. The Administrator of the Agricultural Marketing Service, or any officer or employee of the Serv ice, to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (g) Division. The Cotton Division of the Agricultural Marketing Service. (h) Director. The Director of the Cot ton Division, or any officer or em ployee of the Division to whom author ity has heretofore been delegated, or to whom authority may hereafter be dele gated, to act in his stead. (i) Custodian. Person who has posses sion or control of cottonseed or of sam ples of cottonseed as agent, controller, broker, or factor, as the case may be. (j) Owner. Person who through finan cial interest owns or controls, or has VerDate Sep<11>2014 12:17 Feb 23, 2017 Jkt 241014 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Q:\07\7V3.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B