[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1953

To amend the Agricultural Manufacturing Act of 1946 to require labeling 
of raw agricultural forms of ginseng, including the country of harvest, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

 Mr. Feingold introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Agricultural Manufacturing Act of 1946 to require labeling 
of raw agricultural forms of ginseng, including the country of harvest, 
                        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 ``Ginseng Harvest Labeling Act of 
2007''.

SEC. 2. DISCLOSURE OF COUNTRY OF HARVEST FOR GINSENG.

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

                         ``Subtitle E--Ginseng

``SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.

    ``(a) Definitions.--In this section:
            ``(1) Ginseng.--The term `ginseng' means an herb or herbal 
        ingredient that is derived from a plant classified within the 
        genus Panax.
            ``(2) Raw agricultural commodity.--The term `raw 
        agricultural commodity' has the meaning given the term in 
        section 201 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 321).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
    ``(b) Disclosure.--
            ``(1) In general.--A person that offers ginseng for sale as 
        a raw agricultural commodity shall disclose to a potential 
        purchaser the country of harvest of the ginseng.
            ``(2) Importation.--A person that imports ginseng as a raw 
        agricultural commodity into the United States shall disclose at 
        the point of entry into the United States, in accordance with 
        section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), the 
        country in which the ginseng was harvested.
    ``(c) Manner of Disclosure.--
            ``(1) In general.--The disclosure required by subsection 
        (b) shall be provided to a potential purchaser by means of a 
        label, stamp, mark, placard, or other easily legible and 
        visible sign on the ginseng or on the package, display, holding 
        unit, or bin containing the ginseng.
            ``(2) Retailers.--A retailer of ginseng as a raw 
        agricultural commodity shall--
                    ``(A) retain the means of disclosure provided under 
                subsection (b); and
                    ``(B) provide the received means of disclosure to a 
                retail purchaser of the ginseng.
            ``(3) Regulations.--The Secretary shall by regulation 
        prescribe with specificity the manner in which disclosure shall 
        be made in a transaction at the wholesale or retail level 
        (including a transaction by mail, telephone, internet, or in 
        retail stores).
    ``(d) Failure To Disclose.--The Secretary may impose on a person 
that fails to comply with subsection (b) a civil penalty in an amount 
of not more than--
            ``(1) $1,000 for the first day on which the failure to 
        disclose occurs; and
            ``(2) $250 for each subsequent day on which the failure to 
        disclose continues.
    ``(e) Information.--The Secretary shall make information available 
to wholesalers, importers, retailers, trade associations, and other 
interested persons concerning the requirements of this section 
(including regulations promulgated to carry out this section).''.

SEC. 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.
                                 <all>