Through securing the food supply, promoting trade, and protecting our natural resources and environment, NMDA is a producer consumer and regulatory agency that plays a fundamental role in multiple sectors of New Mexico’s agricultural and consumer services industries. 

"COOL" Topics

Country of Origin Labeling

The Country of Origin Labeling (COOL) interim final rule (IFR) will become effective September 30, 2008 and all covered commodities produced after this date must conform to the requirements of this rule.  During a six month period following COOL enactment, the United States Department of Agriculture Agricultural Marketing Service (AMS) will conduct an education and outreach program for affected industries.  The Food, Conservation and Energy Act of 2008 expanded the list of covered commodities to include the following: muscle cuts of beef, pork, lamb, and chicken; ground beef, pork, lamb, and chicken; perishable agricultural commodities (fresh and frozen fruits and vegetables); peanuts; pecans; ginseng; and macadamia nuts.  The 2008 Act also reduces AMS’s ability to fine from $10,000 per violation to $1,000 per violation after a 30 day period to rectify any violations of the act.                                 

Recordkeeping requirements for suppliers (defined by the IFR as including, but not limited to, growers, slaughter facilities, distributors, handlers, packers, and processors) mandate that they must establish and identify the immediate previous source and immediate subsequent recipient of a covered commodity for a period of 1 year from the date of the transaction.  In the case of slaughter facilities, packers may rely upon producer affidavits to initiate claims.  Affidavits must be made by someone having first-hand knowledge of, and ability to identify, animals unique to the transaction.  In lieu of an affidavit, identification of slaughter animals that are part of a National Animal Identification System (NAIS) may also rely on the presence of an official ear tag and/or the presence of any accompanying animal markings on which to base claims of origin.  AMS will conduct supplier audits of approximately 2% of retail reviews tracing COOL records back through all suppliers in the chain of custody. Producers can download a sample affidavit here.  For tracking purposes, the University of Idaho has developed a white paper with record keeping samples which can be found here.

In February of this year the department entered into a cooperative agreement with AMS to conduct COOL Retail Surveillance Audits at retail establishments within the state.  The Feed, Seed, and Fertilizer Section (FSF) of NMDA's Agricultural and Environmental Services Division agreed to take on this responsibility and attended a “train the trainers” seminar in March. Nine retail establishments were assigned to FSF for completion by May 31.  Neither NMDA nor FSF has responsibility for enforcing or fining those found out of compliance, nor does the department conduct tracebacks further than that at the retail establishment.  Currently AMS has funding to conduct surveillance at 5% of the approximately 41,000 Perishable Agricultural Commodities Act licensed facilities in the U.S.

For more information or if you have any questions you can contact Tim Darden at 575-646-3107.  You can also visit the following COOL sites of interest:

USDA Agricultural Marketing Service

National Cattleman's Beef Association

American Sheep Industry Association

Livestock Marketing Association

University of Idaho

Iowa Beef Center

University of Nebraska