Origin of Goods Marking Law in New York

• Agricultural Products: Products directly derived from agricultural activities, including fruits, vegetables, grains, and livestock products. This category encompasses a wide range of goods essential to the food supply chain.
• Seafood: Products obtained from marine or freshwater environments, such as fish, shellfish, and other aquatic organisms. The law distinguishes between wild-caught and farmed seafood, often requiring specific details about the catch area or aquaculture location.
• Country of Origin: The country, region, or sea area where the product is either produced, harvested, or substantially processed. This definition is crucial for determining the correct labeling information and can be complex, especially for products with components from multiple locations.

The following parties are required to comply with the Origin of Goods Marking Law to ensure the integrity of the supply chain:

• Importers: Those responsible for bringing agricultural or seafood products into New York State from another country. They must ensure that the products are correctly labeled from the point of entry.
• Producers and Processors: Businesses involved in the cultivation, harvesting, or processing of these goods within New York. This includes farms, fisheries, and processing plants that prepare products for sale.
• Retailers: Any party selling these products to the public, including supermarket chains, specialty food stores, and even restaurant operators, must ensure that proper labeling is maintained and visible to the consumer.

All establishments involved in preparing, cooking, or serving agricultural and seafood products must comply by accurately marking the country of origin for their ingredients. This extends beyond simple retail and includes restaurants, cafes, and food service providers. They must provide origin information for key ingredients, often through menu descriptions, signs, or other clear displays, to empower consumers to make informed dining choices.

Products falling under the law's purview must include the following information on their packaging or directly on the product itself:

• Product Name: The specific and common name of the product, as recognized by consumers.
• Ingredients: A full and comprehensive list of all ingredients or materials used in the product, presented in a clear and legible format.
• Origin: The specific country of origin for all agricultural and seafood products. For seafood, this often includes additional details like the body of water or harvest area.

The method of display is as important as the information itself to ensure accessibility for consumers:

• On Packaging: When feasible, the country of origin must be marked on the product packaging in a prominent and easily visible manner, in English. While English is mandatory, additional languages may be included to serve a diverse consumer base.
• Alternative Marking Methods: If labeling on the product itself is not practical—for example, for fresh produce or bulk seafood—alternative methods must be used. These can include signs, stickers, or even menu markings that are clearly visible and accessible to consumers at the point of sale.

Penalties for non-compliance with the Origin of Goods Marking Law can be substantial and are designed to deter violations effectively:

• Fines: For labeling violations, businesses may be subject to substantial fines. Penalties can escalate significantly for repeat offenses, potentially reaching up to $3 million.
• Civil Penalties: In cases of repeated failure to comply or instances of fraudulent labeling, civil penalties are applicable, often involving court-ordered restitution or other corrective actions.
• Criminal Prosecution: Intentional violations, such as fraud or the submission of false country-of-origin documentation, may lead to criminal charges. This can result in severe penalties, including hefty fines and even imprisonment.

Violations can take several forms, all of which compromise consumer trust and market integrity:

• False or Altered Marking: Any deliberate misrepresentation of the product's origin, such as labeling imported goods as domestic.
• Failure to Mark: Occurs when the country of origin is not indicated at all, making it impossible for consumers to access this critical information.
• Improper Display Method: When the marking is present but is not displayed in a visible or consumer-accessible manner as required by law, negating the purpose of the regulation.

The Origin of Goods Marking Law carries severe consequences for violations, making it essential for businesses to not only understand but also meticulously comply with its requirements. In the event of potential violations, seeking legal advice from experts in trade, food law, and labeling is the most effective way to mitigate fines, legal risks, and protect the business's reputation. These professionals can help businesses implement robust compliance programs to prevent future issues.