[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1652 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1652

To amend the Agricultural Trade Act of 1978 to preserve foreign markets 
         for goods using common names, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2023

   Mr. Thune (for himself, Ms. Baldwin, Mr. Marshall, and Ms. Smith) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Agricultural Trade Act of 1978 to preserve foreign markets 
         for goods using common names, 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 ``Safeguarding American Value-added 
Exports Act of 2023'' or the ``SAVE Act of 2023''.

SEC. 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:

``SEC. 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).''.
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