[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
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 This section of the FEDERAL REGISTER contains regulatory 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