II 109th CONGRESS 1st Session S. 1333 IN THE SENATE OF THE UNITED STATES June 29, 2005 Mr. Cornyn (for himself, Mrs. Lincoln, Mrs. Hutchison, Mr. Talent, Mr. Santorum, Mr. Coleman, Mr. Isakson, Mr. Roberts, Mr. Brownback, Mr. Bond, Mr. Hatch, Mr. Allard, Mr. Alexander, Mr. Martinez, and Mr. Pryor) 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 country of origin labeling of meat, and for other purposes.

1.

Short title

This Act may be cited as the Meat Promotion Act of 2005.

2.

Voluntary program for country of origin labeling for meat

(a)

Establishment

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: E

Country of origin labeling for meat

291.

Definitions

In this subtitle: (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, 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. (5)

Secretary

The term Secretary means the Secretary of Agriculture.

292.

Voluntary program

The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products.

293.

Label

For purposes of the program established under section 292, the Secretary shall— (1)design 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 designed under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products.

294.

Limitation on use of United States as country of origin

A person participating in the program established under section 292 may not designate a covered meat product as having the United States as the 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.

295.

Verification

The Secretary may require participants in the program established under section 292 to maintain a recordkeeping audit trail that will permit the Secretary to verify compliance with the program.

296.

Enforcement

(a)

Civil penalty

(1)

Assessment

The Secretary may assess a civil penalty against a participant in the program established under section 292 that purposely or knowingly violates the terms of the program. (2)

Amount of penalty

The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. (3)

Continuing violation

Each day during which a violation of the program continues shall be considered to be a separate violation. (b)

Notice and hearing

The Secretary shall not assess a civil penalty under this section against a person unless the person is given notice and 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.

297.

Regulations

Not later than 180 days after the date of the enactment of the Meat Promotion Act of 2005, the Secretary shall promulgate regulations to carry out the program established under section 292.

. (b)

Conforming amendments

Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended— (1)in the heading to read as follows: D

Country of origin labeling for fish, perishable agricultural commodities, and peanuts

; (2)in section 281— (A)by striking paragraphs (1), (5), and (7); (B)in paragraph (2)(A)— (i)by striking clauses (i) and (ii); and (ii)by redesignating clauses (iii), (iv), (v), and (vi) as clauses (i), (ii), (iii), and (iv), respectively; and (C)by redesignating paragraphs (2), (3), (4), (6), (8), and (9) as paragraphs (1), (2), (3), (4), (5), and (6), respectively; and (3)in section 282— (A)in subsection (a)(2)— (i)by striking subparagraphs (A) and (B); and (ii)by redesignating subparagraphs (C), (D), and (E) as subparagraphs (A), (B), and (C), respectively; and (B)in subsection (f)(2)— (i)by striking subparagraphs (A), (B), and (C); and (ii)by redesignating subparagraphs (D) and (E) as subparagraphs (A) and (B).