[Congressional Record Volume 142, Number 73 (Wednesday, May 22, 1996)]
[Senate]
[Pages S5497-S5498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG:
  S. 1793. A bill to amen the Tariff Act of 1930 to provide that the 
requirement relating to making imported articles and containers apply 
to fresh cut flowers; to the Committee on Finance.


              the tariff act of 1930 amendment act of 1996

Mr. GREGG. Mr. President, I introduce legislation to amend the 
Tariff act of 1930, to provide that the requirements relating to 
marking imported articles and containers will apply to fresh cut 
flowers as well. Under current law and commercial practices, unlike 
other imported goods, flowers are not required to be labeled with 
country of origin. It is my belief that consumers have the right to 
know this information when they shop for flowers.
  U.S. law requires that merchandise imported into the United States be 
marked with country of origin information. This marking must be 
``conspicuously, legibly, and permanently marked in English'' (19 
U.S.C. 1304). Unfortunately, this act also grants the Secretary of the 
Treasury authority to exempt certain items from these requirements 
flowers are among the items that have been exempted. My bill would 
revoke this regulatory exemption.
  The result is that the boxes or sleeves in which imported flowers are 
shipped are required to be marked only at the point of entry and no 
further. Often, before resale to consumers, flowers are taken out of 
boxes either by importers, wholesalers or retailers. In many cases, 
even the retailer from whom flowers are purchased is unaware of the 
product's origin. Domestic fresh cut flower producers have had a 
natural advantage over importers with respect to freshness due to their 
proximity to local markets. Quite simply, domestic flowers last longer 
and they are grown in conformance with strict U.S. pesticide laws as 
well. United States consumers should be able to choose to purchase 
fresh, long-lasting domestic cut flowers produced under strict 
pesticide controls. Historically, however, without a means of 
distinguishing their product, domestic growers have found it difficult 
to promote to consumers and handlers the freshness of their flowers, or 
warn of hazardous pesticide residues on imported flowers.
  The legislation I am introducing today will not place an undue burden 
on retailers or wholesalers. I'm sure all of us, when we shop for 
groceries, have seen perishable products routinely labeled either by 
sticker or a simple sign by the product. This legislation would also 
provide our domestic growers, who enjoy advantages of proximity to the 
market and the controlled environment of the greenhouse a valuable 
means of distinguishing their fresh product from imported flowers that 
are several days old and potentially grown under lax pesticide laws.
  Mr. President, I ask unanimous consent that the provisions of my bill 
be printed in the Record.

[[Page S5498]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1793

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MARKING OF FRESH CUT FLOWERS.

       (a) In General.--Section 304 of the Tariff Act of 1930 (19 
     U.S.C. 1304) is amended--
       (1) by redesignating subsections (f), (g), (h), and (i) as 
     subsections (g), (h), (i), and (j), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Marking of Cut Flowers.--Notwithstanding any other 
     provision of law, no exception may be made under subsection 
     (a)(3) with respect to fresh cut flowers described in or 
     classified under superior heading 0603, or subheading 
     0603.10, 0603.10.30, 0603.10.60, 0603.10.70, or 0603.10.80 of 
     the Harmonized Tariff Schedule of the United States, as in 
     effect on January 1, 1996. The Secretary of the Treasury 
     shall, by regulation, assure such fresh cut flowers are 
     labeled, marked, or otherwise clearly identified at the 
     retail level as to their country of origin.''.
       (b) Effective Date.--The amendments made by this section 
     applies to articles entered, or withdrawn from warehouse for 
     consumption, on the date that is 15 days after the date of 
     the enactment of this Act.
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