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Published online by Cambridge University Press: 20 January 2017
EU consumers are becoming increasingly concerned about not only the characteristics and qualities of the food products that they are buying but also their origin. To address these concerns, the EU is considering – similarly to other countries – the introduction of mandatory country of origin labelling (COOL) for both unprocessed and processed food.
1 Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers (COM(2008)40).
2 Jostling, T., Roberts, D. and Orden, D., Food Regulation and Trade, Toward a Safe and Open Global System (Institute for International Economics: Washington D.C. 2004), at p. 141.Google Scholar
3 Thus, for instance, labelling of origin is required for beef, fish, honey, olive oil, certain fruit and vegetables and poultry if imported from a third country. See, ex multis, EC Regulation 1760/2000 on the labelling of beef products (indication of the countries where the animals were born, raised and slaughtered); EC Regulation 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat.
4 See Article 3.1(8) of EC Directive 2000/13 (indication of the particulars of the place of origin where failure to give such particulars might mislead the consumer to a material degree as to the true origin of the foodstuff).
5 Article 35(3) of the Proposal for a Regulation of the European Parliament and of the Council on the provision of food information to consumers, supra note 1.
6 Verlegh, P.W.J. and Steenkamp, J.E.M., “A Review of Meta Analysis of Country of Origin Research”, 20 Journal of Economic Psychology (1999), pp. 521–546 CrossRefGoogle Scholar; Lusk, et al., “Consumer Behaviour, Public Policy, and Country of Origin Labelling”, 28 Review of Agricultural Economics (2006), pp. 284–292 CrossRefGoogle Scholar and VanSickle, J. et al., “Country of Origin Labelling: A Legal and Economic Analysis”, Policy brief Series PBTC03-5 (International Agriculture Trade and Policy Centre: University of Florida 2003).Google Scholar
7 For an insightful and original analysis of the trade implications of country of origin labelling you can read the wonderful paper by Wendy Johnecheck, “Consumer Information, Marks of Origin and WTO Law: A Case Study of the United States – Certain Country of Origin Labeling Requirements Dispute” (March 22, 2010), TUFTS University, Food Policy and Applied Nutrition Program Discussion Paper No. 43., available on SSRN at <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1579828>.
8 The COOL provisions are contained in two regulatory measures: (i) the Agricultural Marketing Act of 1946, as amended by the Farm, Security and Rural Investment Act of 2002 and the Food, Conservation and Energy Act of 2008; and (ii) Mandatory Country of Origin Labelling of Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-Raised Fish and Shellfish, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts.