U.S Code last checked for updates: May 05, 2024
§ 1638a.
Notice of country of origin
(a)
In general
(1)
Requirement
(2)
Designation of country of origin for lamb, chicken, goat, and venison meat
(A)
United States country of origin
A retailer of a covered commodity that is lamb, chicken, goat, or venison 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 lamb, chicken, goat, or venison 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
(C)
Imported for immediate slaughter
A retailer of a covered commodity that is lamb, chicken, goat, or venison 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
(E)
Ground lamb, chicken, goat, and venison
The notice of country of origin for ground lamb, ground chicken, ground goat, or ground venison shall include—
(i)
a list of all countries of origin of such ground lamb, ground chicken, ground goat, or ground venison; or
(ii)
a list of all reasonably possible countries of origin of such ground lamb, ground chicken, ground goat, or ground venison.
(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 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 or registered in the United States.
(B)
Designation of 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
(B)
State, region, locality of the United States
(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
(2)
Labeled commodities
(d)
Audit verification system
(1)
In general
(2)
Record requirements
(A)
In general
(B)
Prohibition on requirement of additional records
(e)
Information
(f)
Certification of origin
(1)
Mandatory identification
(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 May 13, 2002, including—
(A)
the carcass grading and certification system carried out under this Act;
(B)
the origin verification system established to carry out the child and adult care food program established under section 1766 of title 42; or
(C)
the origin verification system established to carry out the market access program under section 5623(b) of this title.
(Aug. 14, 1946, ch. 966, title II, § 282, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533; amended Pub. L. 107–206, title I, § 208, Aug. 2, 2002, 116 Stat. 833; Pub. L. 110–234, title XI, § 11002(2), May 22, 2008, 122 Stat. 1352; Pub. L. 110–246, § 4(a), title XI, § 11002(2), June 18, 2008, 122 Stat. 1664, 2113; Pub. L. 113–79, title XII, § 12104(b)(2), Feb. 7, 2014, 128 Stat. 979; Pub. L. 114–113, div. A, title VII, § 759(b), Dec. 18, 2015, 129 Stat. 2285; Pub. L. 115–334, title III, § 3201(b)(1)(C), Dec. 20, 2018, 132 Stat. 4616.)
cite as: 7 USC 1638a