RE: Country of Origin Labeling

From: GregoryScher@ln.amedd.army.mil
Date: Tue Jun 15 2004 - 11:38:58 PDT

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    This is a very interesting discussion. Country of origin has always been a
    difficult issue to determine for the Federal Government
    procurement/inspection offices and the new labeling will make my job a bit
    easier. As you may be aware the Federal government (military, school lunch
    program, prisons) are only allowed to by seafood from USA (Buy American
    Act, Berry Amendment). Our requirements go as far as to state they must be
    caught by a US Flagged vessel. Do the new labeling requirements address
    this? If wild fish is caught by a Vietnam Fishing Boat, transferred to a
    Cambodian tender and landed in China, would you name all three or is it a
    product of Vietnam because that is the flag on the ship that caught it?

    v/r

    Gregory R. Scher
    CW2, USA
    Food Safety & Hygiene
    Alaska District Veterinary Command
    (907)353-5546 Fax: 4854

                                                                               
                 "George Souza"
                 <george@endeavors
                 eafood.com> To
                 Sent by: "'Stephen Thompson'"
                 owner-seafood@ucd <stephen.thompson3@verizon.net>,
                 avis.edu "'UC Davis Seafood List'"
                                           <seafood@ucdavis.edu>
                                                                            cc
                 06/15/2004 09:36
                 AM Subject
                                           RE: Country of Origin Labeling
                                                                               
                                                                               
                                                                               
                                                                               
                                                                               
                                                                               

    Dear Stephen,

    You bring up a number of interesting questions surrounding the “blended
    product” issue. We are running into this issue on products from countries
    such as China where raw materials are brought from around the world and
    reprocessed (substantially transformed) into finished products.

    As I read the regulations, the focus is on the consumer being advised what
    is in each package. Your example/question of shrimp from Vietnam and China
    is a good one. I would think that if no shrimp from Vietnam was used on a
    particular day then it should not be on the label. From a practical
    standpoint at the plant, I would be sure to use raw material from both
    countries all the time to so that I would not have the expense of separate
    stock keeping units.

    Taking another look at this example, what happens when both are used in the
    course of a day’s production. Do the products have to be mixed before
    being placed in the package? What if the proportion of each product varies
    throughout the day so the prominence by weight changes throughout the
    production run or bag to bag? Your segregation/commingled question is a
    key issue.

    Another excellent point you bring up is the use of “may contain shrimp
    from…” which does seem to go against the spirit of the regulation but may
    be necessary from a practical standpoint. We have a situation where we
    process in China groundfish mainly from Russia and also from Norway (same
    species). Our label reads “harvested in Russia and Norway” and “processed
    in China”. With this labeling, the production will never contain more
    Norwegian than Russian fish and will always contain at least some Norwegian
    fish.

    It will be interesting to hear from others, both from the production and
    regulatory standpoints, to better understand how to best marry the
    practical with regulatory intent.

    George Souza

    Endeavor Seafood

    172 Thames St.

    Suite 300

    Newport, RI 02840

    Phone 401-841-5412

    Fax 401-841-8639

          -----Original Message-----
          From: owner-seafood@ucdavis.edu [mailto:owner-seafood@ucdavis.edu] On
          Behalf Of Stephen Thompson
          Sent: Monday, June 14, 2004 5:12 PM
          To: UC Davis Seafood List
          Subject: Country of Origin Labeling

          Dear Subscribers,

          We are working with several clients in the development of Country of
          Origin Labeling programs for retail products. Although the ruling
          has not been published, preliminary requirements appear to be
          ambiguous at best and we are hoping those involved might have some
          comment.

          In particular is a situation where a foreign processor is
          "substantially" transforming product from other countries sometimes
          during the same production. According to current Customs and FDA
          regulation, this product would be labeled "Product of" that
          particular country even though the raw material was from several
          source countries. For the situation, we will ignore the "Wild
          Caught" vs. "Farm Raised" method of processing requirement.

          If the product was shrimp, we may be able to list the countries as
          "Shrimp from Vietnam and China. Processed in Thailand". Would this
          meet FDA and Customs regulations?

          And, what if on a given day's production, no shrimp from Vietnam was
          used in production? A separate label? "May contain shrimp from…"
          seems to defeat the spirit of the proposed rule. But, will it be
          necessary to carry label inventories for every situation? Where is
          the line between "segregation" and "commingled" products?

          Thoughts and comments will be greatly appreciated.

          Stephen Thompson
          Seafood Quality Systems, LLC
          A Division of Surefish, Seafood Quality Specialists, Inc.
          1659 Drift Rd.
          Westport, MA 02790-1623
          Tel: 508.636.0728
          Fax: 508.636.0729



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