§ 1638a. Notice of country of origin

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 107–171 title X § 10816 · 116 Stat. 134

   Enacted · 7 U.S.C. § 1638a

   Aug. 14, 1946, ch. 966, title II, § 282, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533

   Source evidence

   Code source credit
   Aug. 14, 1946, ch. 966, title II, § 282, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533

   Enacted provision · exact public law section
   SEC. 10816. COUNTRY OF ORIGIN LABELING. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: “Subtitle D— Country of Origin Labeling “SEC. 281. DEFINITIONS. “In this subtitle: “(1) Beef.— The term ‘beef means meat produced from cattle (including veal). “(2) Covered commodity.— “(A) In general.— The term ‘covered commodity’ means— “(i) muscle cuts of beef, lamb, and pork; “(ii) ground beef, ground lamb, and ground pork; “(iii) farm-raised fish; “(iv) wild fish; “(v) a perishable agricultural commodity; and “(vi) peanuts. “(B) Exclusions.— The term ‘covered commodity’ does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item. “(3) Farm-raised fish.— The term ‘farm-raised fish’ includes— “(A) farm-raised shellfish; and “(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. “(4) Food service establishment.— The term ‘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. “(5) Lamb.— The term ‘lamb’ means meat, other than mutton, produced from sheep. “(6) Perishable agricultural commodity; retailer.— The terms ‘perishable agricultural commodity’ and ‘retailer’ have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). “(7) Pork.— The term ‘pork’ means meat produced from hogs. “(8) Secretary.— The term ‘Secretary’ means the Secretary of Agriculture, acting through the Agricultural Marketing Service. “(9) Wild fish.— “(A) In general.— The term ‘wild fish’ means naturally-born or hatchery-raised fish and shellfish harvested in the wild. “(B) Inclusions.— The term ‘wild fish’ includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish. “(C) Exclusions.— The term “wild fish’ excludes net-pen aquacultural or other farm-raised fish. “SEC. 282. NOTICE OF COUNTRY OF ORIGIN. “(a) In General.— “(1) Requirement.— Except as provided in subsection (b), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity. “(2) United states country of origin.— A retailer of a covered commodity may designate the covered commodity as having a United States country of origin only if the covered commodity— “(A) in the case of beef, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States (including from an animal exclusively bom and raised in Alaska or Hawaii and transported for a period not to exceed 60 days through Canada to the United States and slaughtered in the United States); “(B) in the case of lamb and pork, is exclusively from an animal that is exclusively bom, raised, and slaughtered in the United States; “(C) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; “(D) in the case of wild fish, is— “(i) harvested in waters of the United States, a territory of the United States, or a State; and “(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof; and “(E) in the case of a perishable agricultural commodity or peanuts, is exclusively produced in the United States. “(3) Wild fish and farm-raised fish.— The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. “(b) Exemption for Food Service Establishments.— Subsection (a) shall not apply to a covered commodity if the covered commodity is— “(1) prepared or served in a food service establishment; and “(2) (A) offered for sale or sold at the food service establishment in normal retail quantities; or “(B) served to consumers at the food service establishment. “(c) Method of Notification.— “(1) In general.— The information required by subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the covered commodity or on the package, display, holding unit, or bin containing the commodity at the final point of sale to consumers. “(2) Labeled commodities.— If the covered commodity is already individually labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section. “(d) Audit Verification System.— The Secretary may require that any person that prepares, stores, handles, or distributes a covered commodity for retail sale maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with this subtitle (including the regulations promulgated under section 284(b)). “(e) Information.— Any person engaged 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. “(f) Certification of Origin.— “(1) Mandatory identification.— The Secretary shall not use a mandatory identification system to verify the country of origin of a covered commodity. “(2) Existing certification programs.— To certify the country of origin of a covered commodity, the Secretary may use as a model certification programs in existence on the date of enactment of this Act, including— “(A) the carcass grading and certification system carried out under this Act; “(B) the voluntary country of origin beef labeling system carried out under this Act; “(C) voluntary programs established to certify certain premium beef cuts; “(D) the origin verification system established to carry out the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766); or “(E) the origin verification system established to carry out the market access program under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623). “SEC. 283. ENFORCEMENT. “(a) In General.— Except as provided in subsections (b) and Applicability. (c), section 253 shall apply to a violation of this subtitle. “(b) Warnings.— If the Secretary determines that a retailer is in violation of section 282, the Secretary shall— “(1) notify the retailer of the determination of the Secretary; and “(2) provide the retailer a 30-day period, beginning on the date on which the retailer receives the notice under paragraph (1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. “(c) Fines.— If, on completion of the 30-day period described in subsection (b)(2), the Secretary determines that the retailer has willfully violated section 282, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer in an amount of not more than $10,000 for each violation. “SEC. 284. REGULATIONS. “(a) Guidelines.— Not later than September 30, 2002, the Secretary shall issue guidelines for the voluntary country of origin labeling of covered commodities based on the requirements of section 282. “(b) Regulations.— Not later than September 30, 2004, the Secretary shall promulgate such regulations as are necessary to implement this subtitle. “(c) Partnerships With States.— In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. “SEC. 285. APPLICABILITY. “This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2004.”.

2. 2002

   Pub. L. 107–206 title I § 208 · 116 Stat. 820

   Amended · 7 U.S.C. § 1638a(a)(2)(D)

   Pub. L. 107–206 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “in the case of wild fish, is—

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 107–206 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “in the case of wild fish, is—

   “(i) harvested in waters of the United States, a territory of the United States, or a State; and “(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof; and”.

   Enacted provision · exact public law section
   Sec. 208. Section 282(a)(2)(D) of the Agricultural Marketing Act of 1946 is amended to read as follows: “(D) in the case of wild fish, is— “(i) harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States; and “(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is documented under chapter 121 of title 46, United States Code, or reg istered in the United States; and”.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11002(2)(A) · 122 Stat. 1651

   1. Added · 7 U.S.C. § 1638a(a)(2)(4)

      Pub. L. 110–246, § 11002(2)(A), added pars. (2) to (4)

   2. Struck · 7 U.S.C. § 1638a(a)(2)(4)

      Pub. L. 110–246, § 11002(2)(A), struck out former pars. (2) and (3) which related to designation of United States as country of origin for beef, lamb, pork, fish, perishable agricultural commodities, and peanuts, and requirement that notice of country of origin for fish shall distinguish between wild and farm-raised fish

   Source evidence

   Code amendment note
   Subsec. (a)(2) to (4). Pub. L. 110–246, § 11002(2)(A), added pars. (2) to (4) and struck out former pars. (2) and (3) which related to designation of United States as country of origin for beef, lamb, pork, fish, perishable agricultural commodities, and peanuts, and requirement that notice of country of origin for fish shall distinguish between wild and farm-raised fish.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking paragraphs (2) and (3) and inserting the following: “(2) Designation of country of origin for beef, lamb, pork, chicken, and goat meat.— “(A) United states country of origin.— A retailer of a covered commodity that is beef, lamb, pork, chicken, or goat meat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was— “(i) exclusively born, raised, and slaughtered in the United States; “(ii) born and raised in Alaska or Hawaii and transported for a period of not more than 60 days through Canada to the United States and slaughtered in the United States; or “(iii) present in the United States on or before July 15, 2008, and once present in the United States, remained continuously in the United States. “(B) Multiple countries of origin.— “(i) In general.— A retailer of a covered commodity that is beef, lamb, pork, chicken, or goat meat that is derived from an animal that is— “(I) not exclusively born, raised, and slaughtered in the United States, “(II) born, raised, or slaughtered in the United States, and “(III) not imported into the United States for immediate slaughter, may designate the country of origin of such covered commodity as all of the countries in which the animal may have been born, raised, or slaughtered. “(ii) Relation to general requirement.— Nothing in this subparagraph alters the mandatory requirement to inform consumers of the country of origin of covered commodities under paragraph (1). “(C) Imported for immediate slaughter.— A retailer of a covered commodity that is beef, lamb, pork, chicken, or goat meat that is derived from an animal that is imported into the United States for immediate slaughter shall designate the origin of such covered commodity as— “(i) the country from which the animal was imported; and “(ii) the United States. “(D) Foreign country of origin.— A retailer of a covered commodity that is beef, lamb, pork, chicken, or goat meat that is derived from an animal that is not born, raised, or slaughtered in the United States shall designate a country other than the United States as the country of origin of such commodity. “(E) Ground beef, pork, lamb, chicken, and goat.— The notice of country of origin for ground beef, ground pork, ground lamb, ground chicken, or ground goat shall include— “(i) a list of all countries of origin of such ground beef, ground pork, ground lamb, ground chicken, or ground goat; or “(ii) a list of all reasonably possible countries of origin of such ground beef, ground pork, ground lamb, ground chicken, or ground goat. “(3) Designation of country of origin for fish.— “(A) In general.— A retailer of a covered commodity that is farm-raised fish or wild fish may designate the covered commodity as having a United States country of origin only if the covered commodity— “(i) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; and “(ii) in the case of wild fish, is— “(I) harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States; and “(II) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States. “(B) Designation of wild fish and farm-raised fish.— The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. “(4) Designation of country of origin for perishable agricultural commodities, ginseng, peanuts, pecans, and macadamia nuts.— “(A) In general.— A retailer of a covered commodity that is a perishable agricultural commodity, ginseng, peanut, pecan, or macadamia nut may designate the covered commodity as having a United States country of origin only if the covered commodity is exclusively produced in the United States. “(B) State, region, locality of the united states.— With respect to a covered commodity that is a perishable agricultural commodity, ginseng, peanut, pecan, or macadamia nut produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where such commodity was produced shall be sufficient to identify the United States as the country of origin.” ; and

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 11002(2)(B) · 122 Stat. 1651

   1. Added · 7 U.S.C. § 1638a(d)

      Pub. L. 110–246, § 11002(2)(B), added subsec. (d)

   2. Struck · 7 U.S.C. § 1638a(d)

      Pub. L. 110–246, § 11002(2)(B), struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary may require that any person that prepares, stores, handles, or distributes a covered commodity for retail sale maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with this subchapter (including the regulations promulgated under section 1638c(b) of this title).”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–246, § 11002(2)(B), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Secretary may require that any person that prepares, stores, handles, or distributes a covered commodity for retail sale maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with this subchapter (including the regulations promulgated under section 1638c(b) of this title).”

   Enacted provision · exact public law section
   (B) by striking subsection (d) and inserting the following: “(d) Audit Verification System.— “(1) In general.— The Secretary may conduct an audit of any person that prepares, stores, handles, or distributes a covered commodity for retail sale to verify compliance with this subtitle (including the regulations promulgated under section 284(b)). “(2) Record requirements.— “(A) In general.— A person subject to an audit under paragraph (1) shall provide the Secretary with verification of the country of origin of covered commodities. Records maintained in the course of the normal conduct of the business of such person, including animal health papers, import or customs documents, or producer affidavits, may serve as such verification. “(B) Prohibition on requirement of additional records.— The Secretary may not require a person that prepares, stores, handles, or distributes a covered commodity to maintain a record of the country of origin of a covered commodity other than those maintained in the course of the normal conduct of the business of such person.” ; and

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

5. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 12104(b)(2)(A) · 128 Stat. 649

   Substituted · 7 U.S.C. § 1638a(a)(2)

   Pub. L. 113–79, § 12104(b)(2)(A), substituted “goat, and venison” for “and goat” in heading

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 113–79, § 12104(b)(2)(A), substituted “goat, and venison” for “and goat” in heading.

   Enacted provision · exact public law section
   (A) in the heading, by striking “and goat” and inserting “goat, and venison”;

6. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 12104(b)(2)(B) · 128 Stat. 649

   Substituted · 7 U.S.C. § 1638a(a)(2)(A); 7 U.S.C. § 1638a(a)(B)(i); 7 U.S.C. § 1638a(a)(2)(C); 7 U.S.C. § 1638a(a)(2)(D)

   Pub. L. 113–79, § 12104(b)(2)(B), substituted “goat, or venison” for “or goat”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A), (B)(i), (C), (D). Pub. L. 113–79, § 12104(b)(2)(B), substituted “goat, or venison” for “or goat”.

   Enacted provision · exact public law section
   (B) by striking “or goat” and inserting “goat, or venison” each place it appears in subparagraphs (A), (B), (C), and (D); and

7. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 12104(b)(2)(C) · 128 Stat. 649

   1. Substituted · 7 U.S.C. § 1638a(a)(2)(E)

      Pub. L. 113–79, § 12104(b)(2)(C), substituted “goat, and venison” for “and goat” wherever appearing in text

   2. Substituted · 7 U.S.C. § 1638a(a)(2)(E)

      Pub. L. 113–79, § 12104(b)(2)(C), substituted “ground goat, or ground venison” for “or ground goat” wherever appearing in text

   Source evidence

   Code amendment note
   Subsec. (a)(2)(E). Pub. L. 113–79, § 12104(b)(2)(C), substituted “goat, and venison” for “and goat” in heading and “ground goat, or ground venison” for “or ground goat” wherever appearing in text.

   Enacted provision · exact public law section
   (C) in subparagraph (E)— (i) in the heading, by striking “and goat” and inserting “goat, and venison”; and (ii) by striking “or ground goat” each place it appears and inserting “ground goat, or ground venison”.

8. 2015

   Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

   Pub. L. 114–113 § 759(b)(1)(A) · 129 Stat. 2242

   Struck · 7 U.S.C. § 1638a(a)(2)

   Pub. L. 114–113, § 759(b)(1)(A), in heading, struck out “beef,” before “lamb,” and “pork,” before “chicken,”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 114–113, § 759(b)(1)(A), in heading, struck out “beef,” before “lamb,” and “pork,” before “chicken,”.

   Enacted provision · exact public law section
   (A) in the heading, by striking “beef,” and “pork,”;

9. 2015

   Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

   Pub. L. 114–113 § 759(b)(1)(B) · 129 Stat. 2242

   Struck · 7 U.S.C. § 1638a(a)(2)(A)(D)

   Pub. L. 114–113, § 759(b)(1)(B), struck out “beef,” and “pork,” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A) to (D). Pub. L. 114–113, § 759(b)(1)(B), struck out “beef,” and “pork,” wherever appearing.

   Enacted provision · exact public law section
   (B) by striking “beef,” and “pork,” each place it appears in subparagraphs (A), (B), (C), and (D); and

10. 2015

    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

    Pub. L. 114–113 § 759(b)(1)(C) · 129 Stat. 2242

    1. Struck · 7 U.S.C. § 1638a(a)(2)(E)

       Pub. L. 114–113, § 759(b)(1)(C), in heading, struck out “beef, pork,” after “Ground” and, in text

    2. Struck · 7 U.S.C. § 1638a(a)(2)(E)

       Pub. L. 114–113, § 759(b)(1)(C), in heading, struck out “ground beef, ground pork,” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(2)(E). Pub. L. 114–113, § 759(b)(1)(C), in heading, struck out “beef, pork,” after “Ground” and, in text, struck out “ground beef, ground pork,” wherever appearing.

    Enacted provision · exact public law section
    (C) in subparagraph (E)— (i) in the heading, by striking “beef, pork,”; and (ii) by striking “ground beef, ground pork,” each place it appears; and

11. 2015

    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

    Pub. L. 114–113 § 759(b)(2) · 129 Stat. 2242

    1. Redesignated · 7 U.S.C. § 1638a(f)(2)(B)(E)

       Pub. L. 114–113, § 759(b)(2), redesignated subpars. (D) and (E) as (B) and (C), respectively

    2. Struck · 7 U.S.C. § 1638a(f)(2)(B)(E)

       Pub. L. 114–113, § 759(b)(2), struck out former subpars. (B) and (C), which read as follows:

    Source evidence

    Code amendment note
    Subsec. (f)(2)(B) to (E). Pub. L. 114–113, § 759(b)(2), redesignated subpars. (D) and (E) as (B) and (C), respectively, and struck out former subpars. (B) and (C), which read as follows:

    “(B) the voluntary country of origin beef labeling system carried out under this Act; “(C) voluntary programs established to certify certain premium beef cuts;”.

    Enacted provision · exact public law section
    (2) in subsection (f)(2)— (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively.

12. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 title III § 3201(b)(1)(C) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 1638a(f)(2)(C)

    Pub. L. 115–334 substituted “section 5623(b)” for “section 5623”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(C). Pub. L. 115–334 substituted “section 5623(b)” for “section 5623”.

    Enacted provision · exact public law section
    (C) Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking “section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “section 203(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623(b))”.

17 of 17 references resolved to an enrolled provision