California Food Poisoning and the New Country of Origin Labeling Law (COOL)
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This article discusses how the new Country of Origin Labeling Law (COOL) will affect restaurants and foodborne disease investigations throughout California. It also explains what foods the new Country of Origin Labeling Law covers and what foods and retailers are not regulated by this new law.
Until now, California consumers who suffered food poisoning and the investigators looking for the cause, had no idea from which country the food that was eaten came from. With the new COOL (Country of Origin Labeling) law taking effect after September 30, 2008, all that will change, with a few exceptions.
Now when you get food poisoning, whether it is from food you bought at a grocery, when the Department of Health investigates what made you sick, they may be able to determine this more accurately and without causing major economic damage to agricultural interests not at fault.
After years of lobbying for delays by grocery lobbying groups who argued the law would be too costly to implement, and who lobbied for delays, COOL has at last taken effect.
Now investigators will have an easier time tracking down the country of source. As it has often been raw food, such as peppers from Mexico most recently, the effect of the law will immediately help investigators. Health conscious consumers may feel more loyalty to a retailer who doesn’t just comply grudgingly with the law but who touts their going an extra step or two to let their shoppers know exactly what came from where.
Other food poisoning outbreaks in recent years have involved spinach, and beef. Now with the milk scare from China, there are calls to extend the law to dairy products.
There are also exceptions in COOL for butchers, fish markets, restaurants, restaurants in hotels, school cafeterias, and small retailers. Additionally if spices, sauce or breading has been added, no labeling is required. Though not exactly food, the law also does not apply to pharmaceuticals, though there are calls to extend the law to them. Produce mixed in displays may simply be labeled as being “from two or more countries of origin.”
Lawmakers and consumer groups are angry that the USDA seems to be attempting to evade congressional intent by allowing steaks and other meat cuts to be labeled with multiple country of origin labels. Congress only intended that exception for ground beef or for animals raised in more than one country. It has been said that there is a chasm of difference between the statutory language that was passed by Congress and the rule allowing multiple of country origin labels drafted by the USDA.
There are other discrepancies with how the law will be applied. Fish caught off the coast of Alaska by a Chinese or Japanese owned ship may be labeled as a product of China or Japan. Beef raised in another country that spends 30 days in a feed lot in the U.S. can be labeled as coming from the U.S.
Retailers are given discretion how they label the food. Meat counters, for instance, may simply list all the countries where the meat is produced, or they can label each cut. Hamburger will still likely give the consumer pause as meat that is ground up may come from numerous countries.
Once compliance goes into effect, businesses may be fined $1,000 per violation. The law is expected to cost at least $2 billion to implement.
ABOUT THE AUTHOR: R. Sebastian Gibson
Sebastian Gibson graduated cum laude at UCLA in 1972 and received two law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law in Southern California.
Mr. Gibson began his legal career in San Diego before practicing for a number of years in London, England. Today, he has offices in Rancho Mirage and Palm Desert, Newport Beach, and the firm’s Of Counsel office is in Carlsbad, San Diego.
Mr. Gibson practices litigation in a wide variety of areas of law including personal injury, wrongful death, food poisoning, and food and wine law throughout Southern California from La Jolla, Carlsbad, Oceanside, Chula Vista, Corona del Mar, San Luis Obispo, Cambria, Newport Beach, San Diego, Orange County, Santa Barbara, Ventura, Oxnard, Santa Ana, Riverside, Huntington Beach, Santa Ana, Irvine, Anaheim, Rancho Cucamonga, Ontario, Palm Springs, and Palm Desert.
Copyright Law Firm of Attorney R. Sebastian Gibson
More information about Law Firm of Attorney R. Sebastian Gibson
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Now when you get food poisoning, whether it is from food you bought at a grocery, when the Department of Health investigates what made you sick, they may be able to determine this more accurately and without causing major economic damage to agricultural interests not at fault.
After years of lobbying for delays by grocery lobbying groups who argued the law would be too costly to implement, and who lobbied for delays, COOL has at last taken effect.
Now investigators will have an easier time tracking down the country of source. As it has often been raw food, such as peppers from Mexico most recently, the effect of the law will immediately help investigators. Health conscious consumers may feel more loyalty to a retailer who doesn’t just comply grudgingly with the law but who touts their going an extra step or two to let their shoppers know exactly what came from where.
Other food poisoning outbreaks in recent years have involved spinach, and beef. Now with the milk scare from China, there are calls to extend the law to dairy products.
There are also exceptions in COOL for butchers, fish markets, restaurants, restaurants in hotels, school cafeterias, and small retailers. Additionally if spices, sauce or breading has been added, no labeling is required. Though not exactly food, the law also does not apply to pharmaceuticals, though there are calls to extend the law to them. Produce mixed in displays may simply be labeled as being “from two or more countries of origin.”
Lawmakers and consumer groups are angry that the USDA seems to be attempting to evade congressional intent by allowing steaks and other meat cuts to be labeled with multiple country of origin labels. Congress only intended that exception for ground beef or for animals raised in more than one country. It has been said that there is a chasm of difference between the statutory language that was passed by Congress and the rule allowing multiple of country origin labels drafted by the USDA.
There are other discrepancies with how the law will be applied. Fish caught off the coast of Alaska by a Chinese or Japanese owned ship may be labeled as a product of China or Japan. Beef raised in another country that spends 30 days in a feed lot in the U.S. can be labeled as coming from the U.S.
Retailers are given discretion how they label the food. Meat counters, for instance, may simply list all the countries where the meat is produced, or they can label each cut. Hamburger will still likely give the consumer pause as meat that is ground up may come from numerous countries.
Once compliance goes into effect, businesses may be fined $1,000 per violation. The law is expected to cost at least $2 billion to implement.
ABOUT THE AUTHOR: R. Sebastian Gibson
Sebastian Gibson graduated cum laude at UCLA in 1972 and received two law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law in Southern California.
Mr. Gibson began his legal career in San Diego before practicing for a number of years in London, England. Today, he has offices in Rancho Mirage and Palm Desert, Newport Beach, and the firm’s Of Counsel office is in Carlsbad, San Diego.
Mr. Gibson practices litigation in a wide variety of areas of law including personal injury, wrongful death, food poisoning, and food and wine law throughout Southern California from La Jolla, Carlsbad, Oceanside, Chula Vista, Corona del Mar, San Luis Obispo, Cambria, Newport Beach, San Diego, Orange County, Santa Barbara, Ventura, Oxnard, Santa Ana, Riverside, Huntington Beach, Santa Ana, Irvine, Anaheim, Rancho Cucamonga, Ontario, Palm Springs, and Palm Desert.
Copyright Law Firm of Attorney R. Sebastian Gibson
More information about Law Firm of Attorney R. Sebastian Gibson
View all articles published by Law Firm of Attorney R. Sebastian Gibson
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
