[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR60.200]

[Page 170-171]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 60_COUNTRY OF ORIGIN LABELING FOR FISH AND SHELLFISH--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 60.200  Country of origin notification.

    In providing notice of the country of origin as required by the Act, 
the following requirements shall be followed by retailers:
    (a) General. Labeling of covered commodities offered for sale 
whether individually, in a bulk bin, display case, carton, crate, 
barrel, cluster, or consumer package must contain country of origin and 
method of production information (wild and/or farm-raised) as set forth 
in this regulation.
    (b) Exemptions. Food service establishments as defined in Sec. 
60.107 are exempt from labeling under this subpart.
    (c) Exclusions. A covered commodity is excluded from this subpart if 
it is an ingredient in a processed food item as defined in Sec. 60.119.
    (d) Designation of Method of Production (Wild and/or Farm-Raised). 
Fish and shellfish covered commodities shall also be labeled to indicate 
whether they are wild and/or farm-raised as those terms are defined in 
this regulation.
    (e) Labeling Covered Commodities of United States Origin. A covered 
commodity may only bear the declaration of ``Product of the U.S.'' at 
retail if it meets the definition of United States Country of Origin as 
defined in Sec. 60.128.

[[Page 171]]

    (f) Labeling Imported Products That Have Not Undergone Substantial 
Transformation in the United States. An imported covered commodity shall 
retain its origin as declared to U.S. Customs and Border Protection at 
the time the product entered the United States, through retail sale, 
provided that it has not undergone a substantial transformation (as 
established by U.S. Customs and Border Protection) in the United States.
    (g) Labeling Imported Products That Have Subsequently Been 
Substantially Transformed in the United States.
    (1) [Reserved]
    (2) Wild and Farm-Raised Fish and Shellfish: If a covered commodity 
was imported from country X and subsequently substantially transformed 
(as established by U.S. Customs and Border Protection) in the United 
States or aboard a U.S. flagged vessel, such product shall be labeled at 
retail as ``From [country X], processed in the United States.''
    (h) Blended Products (Commingling of the same covered commodity). 
(1) For imported covered commodities that have not subsequently been 
substantially transformed in the United States that are commingled with 
other imported covered commodities that have not been substantially 
transformed in the United States, and/or covered commodities of U.S. 
origin and/or covered commodities as described in Sec. 60.200(g), the 
declaration shall indicate the countries of origin for covered 
commodities in accordance with existing Federal legal requirements.
    (2) For imported covered commodities that have subsequently 
undergone substantial transformation in the United States that are 
commingled with other imported covered commodities that have 
subsequently undergone substantial transformation in the United States 
(either prior to or following substantial transformation in the United 
States) and/or U.S. origin covered commodities, the declaration shall 
indicate the countries of origin contained therein or that may be 
contained therein.
    (i) Remotely Purchased Products. For sales of a covered commodity in 
which the customer purchases a covered commodity prior to having an 
opportunity to observe the final package (e.g., Internet sales, home 
delivery sales, etc.), the retailer may provide the country of origin 
notification and method of production (wild and/or farm-raised) 
designation either on the sales vehicle or at the time the product is 
delivered to the consumer.