[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1300

    To amend the Agricultural Marketing Act of 1946 to establish a 
 voluntary program for the provision of country of origin information 
 with respect to certain agricultural products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2005

  Mr. Santorum (for himself and Mr. Cornyn) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Agricultural Marketing Act of 1946 to establish a 
 voluntary program for the provision of country of origin information 
 with respect to certain agricultural products, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Promotion Act of 2005''.

SEC. 2. REPLACEMENT OF MANDATORY COUNTRY OF ORIGIN LABELING WITH 
              VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING.

    Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1638-1638d) is amended to read as follows:

           ``Subtitle D--Voluntary Country of Origin Labeling

``SEC. 281. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR CERTAIN 
              MEAT PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Beef.--The term `beef' means meat produced from 
        cattle (including veal).
            ``(2) Covered meat product.--The term `covered meat 
        product' means ground beef, ground pork, and ground lamb, and 
        fresh muscle cuts of beef, pork and lamb.
            ``(3) Lamb.--The term `lamb' means meat produced from 
        sheep.
            ``(4) Pork.--The term `pork' means meat produced from 
        swine.
    ``(b) Country of Origin Labeling.--The Secretary of Agriculture 
(referred to in this subtitle as the `Secretary') shall establish a 
voluntary program of country of origin labeling for covered meat 
products.
    ``(c) Label.--In the program established under subsection (b), the 
Secretary shall--
            ``(1) create a label to be used to designate the country of 
        origin of covered meat products; and
            ``(2) require persons participating in the program to use 
        the label created under paragraph (1), or such other label as 
        the Secretary determines appropriate, to designate the country 
        of origin of covered meat products.
    ``(d) Limitation on Use of United States Country of Origin Label.--
A person participating in the program established under subsection (b) 
may not designate a covered meat product as having a United States 
country of origin unless the covered meat product is derived 
exclusively from--
            ``(1) an animal born, raised, and slaughtered in the United 
        States; or
            ``(2) an animal born and raised in Alaska or Hawaii, 
        transported for a period not to exceed 60 days outside of those 
        States, and slaughtered in the United States.

``SEC. 282. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR FISH 
              PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Covered fish.--The term `covered fish'means--
                    ``(A) wild fish;
                    ``(B) wild shellfish;
                    ``(C) farm-raised fish;
                    ``(D) farm-raised shellfish; and
                    ``(E) products of fish described in subparagraphs 
                (A) throught (D).
            ``(2) Farm-raised fish.--The term `farm-raised fish'--
                    ``(A) means all fish that are not wild fish; and
                    ``(B) includes net-pen, aquacultural, and other 
                farm-raised fish.
            ``(3) Farm-raised shellfish.--The term `farm-raised 
        shellfish' means--
                    ``(A) all shellfish that are not wild shellfish; 
                and
                    ``(B) includes net-pen, aquacultural, and other 
                farm-raised fish.
            ``(4) Wild fish.--The term `wild fish' means naturally-born 
        or hatchery-raised fish harvested in the wild.
            ``(5) Wild shellfish.--The term `wild shellfish' means 
        naturally-born or hatchery-raised shellfish harvested in the 
        wild.
    ``(b) Country of Origin Labeling.--The Secretary shall establish a 
voluntary program of country of origin labeling for covered fish.
    ``(c) Label.--In the program established under subsection (b), the 
Secretary shall--
            ``(1) create a label to be used to designate the country of 
        origin of covered fish; and
            ``(2) require persons participating in the program to use 
        the label created under paragraph (1), or such other label as 
        the Secretary determines appropriate, to designate the country 
        of origin of covered fish.
    ``(d) Limitation on Use of United States Country of Origin Label.--
A person participating in the program established under subsection (b) 
may not designate covered fish as having a United States country of 
origin unless--
            ``(1) in the case of wild fish or wild shellfish (or a 
        product thereof), the wild fish or wild shellfish is--
                    ``(A) harvested in the waters of the United States 
                or by a United States vessel on the high seas; and
                    ``(B) processed in the United States or aboard a 
                United States vessel on the high seas; or
            ``(2) in the case of farm-raised fish or farm-raised 
        shellfish (or a product thereof), the farm-raised fish or farm-
        raised shellfish is raised and harvested in the United States.

``SEC. 283. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR 
              PERISHABLE AGRICULTURAL COMMODITIES.

    ``(a) Definition of Perishable Agricultural Commodity.--In this 
section, the term `perishable agricultural commodity'--
            ``(1) means fresh fruits and vegetables of every kind and 
        character, except frozen fruits and vegetables; and
            ``(2) includes cherries packed in brine, as defined by the 
        Secretary in accordance with trade usages.
    ``(b) Country of Origin Labeling.--The Secretary shall establish a 
voluntary program of country of origin labeling for perishable 
agricultural commodities.
    ``(c) Label.--In the program established under subsection (b), the 
Secretary shall--
            ``(1) create a label to be used to designate the country of 
        origin of perishable agricultural commodities; and
            ``(2) require persons participating in the program to use 
        the label created under paragraph (1), or such other label as 
        the Secretary determines appropriate, to designate the country 
        of origin of perishable agricultural commodities.
    ``(d) Limitation on Use of United States Country of Origin Label.--
A person participating in the program established under subsection (b) 
may not designate a perishable agricultural commodity as having a 
United States country of origin unless the perishable agricultural 
commodity is exclusively grown in the United States.
    ``(e) Survey of Country of Origin Labeling; Purpose.--
            ``(1) Definition of label.--In this subsection, the term 
        `label' means a method to provide information to consumers by 
        means of a stamp, mark, placard, or other clear and visible 
        sign (including printed packaging, cello wraps, twist ties, 
        brand tags, bands, stickers, or other identifiers) affixed to 
        or placed directly on a perishable agricultural commodity or on 
        the display, holding unit, or bin containing the commodity at 
        the final point of sale.
            ``(2) Survey required; intervals.--Subject to subsection 
        (f)(2)(C), during the 1 year beginning on the date of the 
        enactment of the Food Promotion Act of 2005, and every 2 years 
        thereafter, the Secretary shall conduct, using existing 
        resources, a national survey--
                    ``(A) to estimate the types and quantities of 
                perishable agricultural commodities sold in the United 
                States that are labeled with respect to country of 
                origin;
                    ``(B) to measure the extent of the voluntary 
                efforts of the perishable agricultural commodity 
                industry to provide country of origin information to 
                consumers, including the overall percentage of 
                perishable agricultural commodities that bear labels 
                with country of origin information;
                    ``(C) to determine methods by which country of 
                origin information is provided with regard to 
                perishable agricultural commodities sold in the United 
                States;
                    ``(D) to estimate the types and quantities of 
                perishable agricultural commodities sold in the United 
                States that are labeled, but for which no country of 
                origin information is provided;
                    ``(E) to estimate the types and quantities of 
                perishable agricultural commodities sold in the United 
                States that are not labeled;
                    ``(F) to estimate the extent of participation in 
                the voluntary program established under subsection (b); 
                and
                    ``(G) to determine whether consumers can reasonably 
                ascertain the country of origin of a substantial 
                majority of perishable agricultural commodities for 
                sale.
            ``(3) Location of survey.--The survey may be conducted at 
        retail stores and other locations selected by the Secretary.
            ``(4) Special considerations.--For the purposes of 
        conducting the survey, the Secretary shall consider--
                    ``(A) bulk displays containing covered perishable 
                agricultural commodities from more than 1 country to be 
                labeled with country of origin information if a 
                majority of the perishable agricultural commodities in 
                the bulk display bear country of origin labels; and
                    ``(B) label information regarding a State, region, 
                or locality of the United States as information 
                sufficient to identify the United States as the country 
                of origin.
    ``(f) Use and Availability of Survey Results.--
            ``(1) Report to congress.--The Secretary shall submit to 
        the Committee on Agriculture of the House of Representatives 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate a report describing the results of each survey 
        conducted under subsection (e).
            ``(2) Subsequent surveys.--
                    ``(A) Determination of consumer awareness.--In each 
                survey other than the first survey conducted under 
                subsection (e), if the Secretary determines that 
                consumers cannot reasonably ascertain the country of 
                origin of a substantial majority of perishable 
                agricultural commodities, the Secretary shall include 
                in the report submitted under paragraph (1) with 
                respect to that survey--
                            ``(i) specific action steps that would 
                        provide the perishable agricultural commodity 
                        distribution chain with incentives to increase 
                        country of origin labeling levels; and
                            ``(ii) proposed guidelines that would 
                        increase the use of country of origin 
                        identification labels.
                    ``(B) Effect of failure to ascertain country of 
                origin.--If the Secretary determines that consumers 
                cannot reasonably ascertain the country of origin of a 
                substantial majority of perishable agricultural 
                commodities in 2 consecutive surveys conducted under 
                subsection (e), the Secretary shall include in the 
                report submitted under paragraph (1) with respect to 
                the second of the 2 surveys such recommendations as the 
                Secretary determines appropriate regarding ways to 
                increase labeling to achieve that goal.
                    ``(C) Effect of ability to ascertain country of 
                origin.--If the Secretary makes the determination that 
                consumers can reasonably ascertain the country of 
                origin of a substantial majority of perishable 
                agricultural commodities in 2 consecutive surveys 
                conducted under subsection (e), the Secretary shall no 
                longer be required to conduct surveys under that 
                subsection.
            ``(3) Public availability.--The Secretary shall make the 
        results of each survey conducted under subsection (e) available 
        to the perishable agricultural commodity industry and the 
        public.

``SEC. 284. VERIFICATION.

    ``The Secretary may require participants in a program of country of 
origin labeling under section 281, 282, or 283 to maintain a verifiable 
recordkeeping audit trail that will permit the Secretary to verify 
compliance with the program.

``SEC. 285. ENFORCEMENT.

    ``(a) Civil Penalty.--
            ``(1) Assessment.--The Secretary may assess a civil penalty 
        against a participant in a program of country of origin 
        labeling under section 281, 282, or 283 that purposely or 
        knowingly violates the terms of the program.
            ``(2) Amount of penalty.--The amount of a civil penalty 
        assessed under paragraph (1) may not exceed $10,000 for each 
        violation.
            ``(3) Continuing violation.--Each day during which a 
        violation continues shall be considered to be a separate 
        violation.
    ``(b) Notice and Hearing.--The Secretary may not assess a penalty 
under subsection (a) against a person unless the person is given notice 
and an opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, with respect to the violation for which 
the person is being assessed.

``SEC. 286. REGULATIONS.

    ``Not later than 180 days after the date of the enactment of the 
Food Promotion Act of 2005, the Secretary shall promulgate regulations 
to carry out this subtitle.''.
                                 <all>