[Congressional Record Volume 145, Number 90 (Wednesday, June 23, 1999)]
[Senate]
[Pages S7535-S7536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2000

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                GRAHAM (AND HOLLINGS) AMENDMENT NO. 732

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself and Mr. Hollings) submitted an amendment 
intended to be proposed by them to the bill (S. 1233) making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2000, and for other purposes; as follows:


[[Page S7536]]


       On page 76 between lines 6 and 7, insert the following:

     SEC. 7 . INDICATION OF COUNTRY OF ORIGIN OF IMPORTED 
                   PERISHABLE AGRICULTURAL COMMODITIES.

       (a) Definitions.--In this section:
       (1) Food service establishment.--The term `food service 
     establishment' means a restaurant, cafeteria, lunch room, 
     food stand, saloon, tavern, bar, lounge, or other similar 
     facility, operated as an enterprise engaged in the business 
     of selling foods to the public.
       (2) Perishable agricultural commodity; retailer.--The terms 
     `perishable agricultural commodity' and `retailer' have the 
     meanings given the terms in section 1(b) of the Perishable 
     Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b))
       (b) Notice of country of Origin Required.--Except as 
     provided in subsection (c), a retailer of a perishable 
     agricultural commodity imported into the United States shall 
     inform consumers, at the final point of sale of the 
     perishable agricultural commodity to consumers, of the 
     country of origin of the perishable agricultural commodity.
       (c) Exemption for Food Service Establishments.--Subsection 
     (b) shall not apply to a perishable agricultural commodity 
     imported into the United States to the extent that the 
     perishable agricultural commodity is--
       (1) prepared or served in a food service establishment; and
       (2)(A) offered for sale or sold at the food service 
     establishment in normal retail quantities; or
       (B) served to consumers at the food service establishment.
       (d) Method of Notification
       (1) In general.--The information required by subsection (b) 
     may be provided to consumers by means of a label, stamp, 
     mark, placard, or other clear and visible sign on the 
     imported perishable agricultural commodity or on the package, 
     display, holding unit, or bin containing the commodity at the 
     final point of sale to consumers.
       (2) Labeled commodities.--If the imported perishable 
     agricultural commodity is already individually labeled 
     regarding country of origin by the packer, importer, or 
     another person, the retailer shall not be required to provide 
     any additional information to comply with this section.
       (e) Violations.--If a retailer fails to indicate the 
     country of origin of an imported perishable agricultural 
     commodity as required by subsection (b), the Secretary of 
     Agriculture may assess a civil penalty on the retailer in an 
     amount not to exceed--
       (1) $1,000 for the first day on which the violation occurs; 
     and
       (2) $250 for each day on which the same violation 
     continues.
       (f) Deposit of Funds.--Amounts collected under subsection 
     (e) shall be deposited in the Treasury of the United States 
     as miscellaneous receipts.
       (g) Application of Section.--This section shall apply with 
     respect to a perishable 37 agricultural commodity imported 
     into the United States after the end of the 6-month period 
     beginning on the date of the enactment of this Act.

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