[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: 7CFR60.400]

[Page 172-173]
 
                          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. 60.400  Recordkeeping requirements.

    (a) General.
    (1) All records must be legible and may be maintained in either 
electronic or hard copy formats. Due to the variation in inventory and 
accounting documentary systems, various forms of documentation and 
records will be acceptable.
    (2) Upon request by USDA representatives, suppliers and retailers 
subject to this subpart shall make available to USDA representatives, 
records and other documentary evidence that will permit substantiation 
of an origin claim and method(s) of production (wild and/or farm-
raised), in a timely manner during normal hours of business and at a 
location that is reasonable in consideration of the products and firm 
under review.
    (b) Responsibilities of Suppliers.
    (1) Any person engaged in the business of supplying a covered 
commodity to a retailer, whether directly or indirectly, must make 
available information to the buyer about the country(ies) of origin and 
method(s) of production (wild and/or farm-raised), of the covered 
commodity. This information may be provided either on the product 
itself, on the master shipping container, or in a document that 
accompanies the product through retail sale provided that it identifies 
the product and its country(ies) of origin and method(s) of production, 
unique to that transaction by means of a lot number or other unique 
identifier. In addition, the supplier of a covered commodity that is 
responsible for initiating a country(ies) of origin and method(s) of 
production (wild and/or farm-raised) claim must possess records that are 
necessary to substantiate that claim.
    (2) Any intermediary supplier (i.e., not the supplier responsible 
for initiating a country of origin declaration and designation of wild 
and/or farm-raised) handling a covered commodity that is found to be 
designated incorrectly for country of origin and/or method of production 
(wild and/or farm-raised), shall not be held liable for a violation of 
the Act by reason of the conduct of another if the intermediary supplier 
could not have been reasonably expected to have had knowledge of the 
violation.
    (3) Any person engaged in the business of supplying a covered 
commodity to a retailer, whether directly or indirectly (i.e., including 
but not limited to harvesters, producers, distributors, handlers, and 
processors), must maintain records to establish and identify the 
immediate previous source (if applicable) and immediate subsequent 
recipient of a covered commodity, in such a way that identifies the 
product unique to that transaction by means of a lot number or other 
unique identifier, for a period of 1 year from the date of the 
transaction.
    (4) For an imported covered commodity (as defined in Sec. 
60.200(f)), the importer of record as determined by U.S. Customs and 
Border Protection, must ensure that records: Provide clear product 
tracking from the port of entry into the United States to the immediate 
subsequent recipient and accurately reflect the country of origin and 
method of production (wild and/or

[[Page 173]]

farm-raised) of the item as identified in relevant CBP entry documents 
and information systems; and must maintain such records for a period of 
1 year from the date of the transaction.
    (c) Responsibilities of Retailers.
    (1) Records and other documentary evidence relied upon at the point 
of sale to establish a covered commodity's country(ies) of origin and 
designation of wild and/or farm-raised, must be available during normal 
business hours to any duly authorized representative of USDA at the 
facility for as long as the product is on hand. For pre-labeled 
products, the label itself is sufficient evidence on which the retailer 
may rely to establish the product's origin and method(s) of production 
(wild and/or farm-raised).
    (2) Records that identify the retail supplier, the product unique to 
that transaction by means of a lot number or other unique identifier, 
and for products that are not pre-labeled the country of origin 
information and the method(s) of production (wild and/or farm-raised) 
must be maintained for a period of 1 year from the date the declaration 
is made at retail. Such records may be located at the retailer's point 
of distribution, warehouse, central offices or other off-site location.
    (3) Any retailer handling a covered commodity that is found to be 
designated incorrectly as to country of origin and/or the method of 
production (wild and/or farm-raised), or for frozen fish and shellfish 
covered commodities caught or harvested before December 6, 2004, for the 
date of harvest, shall not be held liable for a violation of the Act by 
reason of the conduct of another if the retailer could not have been 
reasonably expected to have had knowledge of the violation.