[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Rules and Regulations]
[Page 31441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14509]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules
and Regulations
[[Page 31441]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[Document No. AMS-FV-08-0075; SC-17-326]
Country of Origin Labeling of Packed Honey
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; clarification.
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SUMMARY: AMS published a final rule in the Federal Register on January
4, 2011, amending the Code of Federal Regulations (CFR) governing
inspection and certification of processed fruits, vegetables, and
miscellaneous products regarding Country of Origin Labeling (COOL) of
Packed Honey. This document clarifies obligations for a honey packer
regarding country of origin labeling.
DATES: Effective July 6, 2018.
FOR FURTHER INFORMATION CONTACT: Brian E. Griffin, Standardization
Branch, Specialty Crops Inspection Division, Specialty Crops Program,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Avenue, STOP 0247, Washington, DC 20250; phone: (202) 748-
2155, fax: 202-690-1527, or email [email protected].
SUPPLEMENTARY INFORMATION: AMS published a final rule on January 4,
2011 (76 FR 251) for Country of Origin Labeling of Packed Honey based
on the 2008 Farm Bill. The rule amended the regulations governing
inspection and certification of processed fruits, vegetables, and
miscellaneous products, 7 CFR part 52, to include provisions for COOL
for packed honey and debarment of services for mislabeling.
On August 8, 2016, the National Honey Packers and Dealers
Association (NHPDA), the Western States Honey Packers and Dealers
Association (WSHPDA), the American Honey Producers Association (AHPA),
the American Beekeeping Federation (ABF), and Sioux Honey Association
(SHA) submitted a request asking the U.S. Department of Agriculture's
(USDA) Agricultural Marketing Service (AMS) to address and clarify
country of origin labeling as required by U.S. Customs law and AMS
regulations. Specifically, the request sought clarification of whether
country of origin labeling is required for honey that does not bear
official grade marks. A copy of the request is available as a
supporting document for this document at http://www.regulations.gov.
AMS acknowledges the request of the NHPDA, WSHPDA, AHPA, ABF, and
SHA. The Country of Origin Labeling of Packed Honey Final Rule, which
appeared on pages 251-253 in the Federal Register (76 FR 251-253), was
published pursuant to Section 10402 of the 2008 Farm Bill (Pub. L. 110-
246), which amended section 1622(h) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621-1627, 1635-1638) to require that all packed
honey bearing any official USDA mark or statement also bear ``legibly
and permanently in close proximity (such as on the same side(s) or
surface(s)) to the certificate, mark, or statement, and in at least a
comparable size, the country or countries of origin of the lot or
container of honey, preceded by the words `Product of' or other words
of similar meaning.''
Section 52.53 provides for the use of approved identification
marks, and paragraph (h) describes prohibited uses of approved
identification. The statement in the preamble to the rule that is in
question, ``Conversely, if the honey is not officially grade labeled,
the country of origin labeling is not necessary whether the honey is
domestic or foreign'', is accurate within the context of the rule,
which only applies to COOL associated with the use of approved official
USDA marks or grade statements. The rule also acknowledged that AMS
identified other Federal rules that may be viewed as duplicative or
overlapping with this rule.
Under pre-existing Federal laws and regulations, country of origin
labeling is required by the Tariff Act of 1930, 19 U.S.C. 1304(a), and
is enforced by U.S. Customs and Border Protection (CBP) under CBP
regulations (19 U.S.C. 1304(a) and part 134, Title 19 of the Code of
Federal Regulations (19 CFR part 134)). The Tariff Act requires that
every imported item be conspicuously and indelibly marked in English to
indicate its country of origin to the ultimate purchaser. The Food and
Drug Administration provides guidance on COOL on behalf of CBP at
www.fda.gov.
AMS concurs that the Customs ruling of 1984 requiring ``every
article of foreign origin or its container'' to be ``legibly,
permanently and conspicuously marked to indicate the country of
origin'' is the law, and that this law is in no way invalidated or
superseded by the additional marking requirements required by the 2008
Farm Bill. The additional COOL marking required by the Farm Bill
applies only to the country of origin labeling statements associated
with the existing regulations governing the inspection and grading of
processed fruits, vegetables, and miscellaneous products, section
52.53, which provides for the use of approved identification marks, and
paragraph (h), which describes prohibited uses of approved
identification.
In an effort to promote fair competition in the honey industry,
this document clarifies that honey packers must include conspicuous and
indelible labeling, in English, naming the country of origin of all
imported products, regardless of whether the product labeling uses
approved USDA marks or grade statements.
Authority: 7 U.S.C. 1621-1627.
Dated: July 2, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-14509 Filed 7-5-18; 8:45 am]
BILLING CODE 3410-02-P