II 109th CONGRESS 1st Session S. 854 IN THE SENATE OF THE UNITED STATES April 20, 2005 Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require labeling of raw agricultural forms of ginseng, including the country of harvest, and for other purposes.

1.

Short title

This Act may be cited as the Ginseng Harvest Labeling Act of 2005.

2.

Disclosure of country of harvest

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

Ginseng

291.

Disclosure of country of harvest

(a)

Definition of ginseng

In this section, the term ginseng means an herb or herbal ingredient that— (1)is derived from a plant classified within the genus Panax; and (2)is offered for sale as a raw agricultural commodity in any form intended to be used in or as a food or dietary supplement under the name of ginseng. (b)

Disclosure

(1)

In general

A person that offers ginseng for sale as a raw agricultural commodity shall disclose to potential purchasers the country of harvest of the ginseng. (2)

Importation

A person that imports ginseng into the United States shall disclose the country of harvest of the ginseng at the point of entry of the United States, in accordance with section 304 of the Tariff Act of 1930 (19 U.S.C. 1304). (c)

Manner of disclosure

(1)

In general

The disclosure required by subsection (b) shall be provided to potential purchasers by means of a label, stamp, mark, placard, or other clear and visible sign on the ginseng or on the package, display, holding unit, or bin containing the ginseng. (2)

Retailers

A retailer of ginseng shall— (A)retain disclosure provided under subsection (b); and (B)provide disclosure to a retail purchaser of the raw agricultural commodity. (3)

Regulations

The Secretary of Agriculture shall by regulation prescribe with specificity the manner in which disclosure shall be made in transactions at wholesale or retail (including transactions by mail, telephone, or Internet or in retail stores). (d)

Failure to disclose

The Secretary of Agriculture may impose on a person that fails to comply with subsection (b) a civil penalty of not more than— (1)$1,000 for the first day on which the failure to disclose occurs; and (2)$250 for each day on which the failure to disclose continues.

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3.

Effective date

This Act and the amendments made by this Act take effect on the date that is 180 days after the date of enactment of this Act.