5.4.4 - Product Authenticity Claims and Chain of Custody

Hi, I need some help with standard 5.4.4. When can a company put a domestic and or product of USA on a processed food product.  What is the difference or regulation for made in the USA or product of the USA.  Does a product have to had 100% of its ingredients come from the USA to make this claim?  Is the Claim made in the USA of US and imported ingredients legal.  how do you do a traceability of raw material usage? 

Thanks for your help

Hi, are you referring to a clause in a particular standard 5.4.4?

It would be helpful so that we can move the topic to the correct sub-forum.

Thanks,

Simon

Oh yes sorry, Where product are labeled or claims are made on finished packs which are dependent on a status of a raw material . I understand product of the USA would have to be verified with a traceability to demonstrate claim.  I am wondering what is the difference if we put made in the USA do I still need a traceability? 

My question is what is the relevance of 5.4.4 to your question?

Probably BRC7 -

5.4 PRODUCT AUTHENTICITY, CLAIMS AND CHAIN OF CUSTODY
Systems shall be in place to minimise the risk of purchasing fraudulent or adulterated food raw materials and to ensure that all product descriptions and claims are legal, accurate and verified.

 

5.4.4

Where products are labelled or claims are made on finished packs which are dependent on a status of a raw material including:
•  specific provenance or origin
•  breed/varietal claims
•  assured status (e.g. GlobalGAP)
•  genetically modified organism (GMO) status
•  identity preserved
•  named specific trademarked ingredients
the status of each batch of the raw material shall be verified

The facility shall maintain purchasing records, traceability of raw material usage and final product packing records to substantiate claims. The site shall undertake documented mass balance tests at a frequency to meet the particular scheme requirements or at least every 6 months in the absence of a scheme-specific requirement.

I'm not sure about specific US legislation but "made in the USA" and "product of the USA" would imply to me as a consumer that the item had, as a minimum been produced in the USA but I would also feel misled if a significant proportion of the ingredients were imported.  In the UK it is illegal to mislead a consumer with labelling and the legislation is written in these vague terms.  I suspect that some manufacturers would use the term "product of the UK" if not using any UK ingredients but I wouldn't like to defend it in court in the UK, the US may be very different.  I suspect that if you're using a large proportion of US ingredients and only minor ingredients are imported (only due to the fact they don't grow in the US for example) then it's probably easier to defend but I'm definitely not an expert on US law.

As for how to establish it?  Ask your suppliers to give you a supply chain map of where they have sourced their ingredients and get them to agree not to change this without prior approval.  It's not always easy to get the information from your supply chain but you need to demonstrate to the auditor that you've tried.  A supply chain map can be as simple as:

Grown in A country by B farmer

Processed by C manufacturer in D country

Exported by E exporter to the US

Sold to our company by F agent or broker

The Federal Trade Commission has established criteria what is or is not eligible to considered Product of USA (or made in USA).  See also the US Customs regulations in 19 CFR 102.1 and the USDA Country of Origin Labeling rule in 7 CFR parts 60 and 65.