PORKER
Well-known member
COOL Statutory Requirement
The COOL legislation regulates private-actor conduct through an information requirement and a verification requirement. The information requirement mandates that retailers inform consumers as to country of origin of a covered commodity. The method by which consumers are to be notified is through a "label, stamp, mark, placard," or other type of signage that is "clear and visible" at the point of sale. Retailers are exempt if they purchase for sale at retail less than $230,000 per year of fruits and vegetables or of all covered commodities. Food service establishments, such as restaurants and cafeterias, are exempted from the information requirement.
The statute also contains a verification requirement specifying that "any person in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity." Thus, the statutory language clearly imposes a duty only on direct suppliers to retailers rather than on all upstream suppliers.
Importantly, the verification requirement merely vests discretionary authority in the Secretary of Agriculture to require handlers, processors or distributors of covered commodities( Beef,Pork,Mutton or Lamb,Goat, Chicken) to maintain a verifiable recordkeeping audit trail. The Secretary is statutorily prohibited from imposing a mandatory identification system to verify country of origin. However, it appears from the USDA guidelines that the Secretary fully intends to require such an audit trail.
The COOL legislation regulates private-actor conduct through an information requirement and a verification requirement. The information requirement mandates that retailers inform consumers as to country of origin of a covered commodity. The method by which consumers are to be notified is through a "label, stamp, mark, placard," or other type of signage that is "clear and visible" at the point of sale. Retailers are exempt if they purchase for sale at retail less than $230,000 per year of fruits and vegetables or of all covered commodities. Food service establishments, such as restaurants and cafeterias, are exempted from the information requirement.
The statute also contains a verification requirement specifying that "any person in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity." Thus, the statutory language clearly imposes a duty only on direct suppliers to retailers rather than on all upstream suppliers.
Importantly, the verification requirement merely vests discretionary authority in the Secretary of Agriculture to require handlers, processors or distributors of covered commodities( Beef,Pork,Mutton or Lamb,Goat, Chicken) to maintain a verifiable recordkeeping audit trail. The Secretary is statutorily prohibited from imposing a mandatory identification system to verify country of origin. However, it appears from the USDA guidelines that the Secretary fully intends to require such an audit trail.