118 HR 3423 IH: Safeguarding American Value-added Exports Act
U.S. House of Representatives
2023-05-17
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I
118th CONGRESS
1st Session
H. R. 3423
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Johnson of South Dakota (for himself, Mr. Costa, Mrs. Fischbach, and Mr. Panetta) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Agricultural Trade Act of 1978 to preserve foreign markets for goods using common names, and for other purposes.
1.

Short title
This Act may be cited as the “Safeguarding American Value-added Exports Act” or the “SAVE Act”.
2.

Preserving foreign markets for goods using common names
(a)

Definitions
Section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602) is amended—
(1)
in the matter preceding paragraph (1), by striking “As used in this Act—” and inserting “In this Act:”;
(2)
by redesignating paragraphs (2) through (8) as paragraphs (3), (5), (6), (7), (8), (9), and (4), respectively, and reordering accordingly;
(3)
by inserting after paragraph (1) the following:
“(2)

Common name
(A)

In general
The term common name means a name that, as determined by the Secretary—
(i)
is ordinarily or customarily used for an agricultural commodity or food product;
(ii)
is typically placed on the packaging and product label of the agricultural commodity or food product;
(iii)
with respect to wine—
(I)
is—
- (aa)
ordinarily or customarily used for a wine grape varietal name; or
- (bb)
a traditional term or expression that is typically placed on the packaging and label of the wine; and
(II)
does not mean any appellation of origin for wine listed in subpart C of part 9 of title 27, Code of Federal Regulations (or successor regulations); and
(iv)
the use of which is consistent with standards of the Codex Alimentarius Commission.
(B)

Considerations
In making a determination under subparagraph (A), the Secretary may take into account—
(i)
competent sources, such as dictionaries, newspapers, professional journals and literature, and information posted on websites that are determined by the Secretary to be reliable in reporting market information;
(ii)
the use of the common name in a domestic, regional, or international product standard, including a standard promulgated by the Codex Alimentarius Commission, for the agricultural commodity or food product; and
(iii)
the ordinary and customary use of the common name in the production or marketing of the agricultural commodity or food product in the United States or in other countries.”; and
(4)
in paragraph (7) (as so redesignated), in subparagraph (A)—
(A)
in clause (v), by striking “or” at the end;
(B)
in clause (vi), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following:
“(vii)
prohibits or disallows the use of the common name of an agricultural commodity or food product of the United States.”.
(b)

Negotiations To defend use of common names
Title III of the Agricultural Trade Act of 1978 (7 U.S.C. 5652 et seq.) is amended by adding at the end the following:
“303.

Negotiations to defend the use of common names
(a)

In general
The Secretary shall coordinate efforts with the United States Trade Representative to secure the right of United States agricultural producers, processors, and exporters to use common names for agricultural commodities or food products in foreign markets through the negotiation of bilateral, plurilateral, or multilateral agreements, memoranda of understanding, or exchanges of letters that assure the current and future use of each common name identified by the Secretary in connection with United States agricultural commodities or food products.
(b)

Report
The Secretary and the United States Trade Representative shall submit to Congress a report every 2 years regarding efforts and successes in carrying out subsection (a).”.