[Congressional Record Volume 145, Number 130 (Thursday, September 30, 1999)]
[Senate]
[Pages S11726-S11728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CLELAND:
  S. 1669. A bill to require country of origin labeling of peanuts and 
peanut products and to establish penalties for violations of the 
labeling requirements; to the Committee on Agriculture, Nutrition, and 
Forestry.


                    the Peanut Labeling Act of 1999

  Mr. CLELAND. Mr. President, I am coming to the floor today to 
introduce the Peanut Labeling Act of 1999. This bill will require 
country of origin labeling for all peanut and peanut products sold in 
the United States; specifically

[[Page S11727]]

it will require that consumers be notified whether the peanuts are 
grown in the United States or in another country. The main purpose of 
this bill is to provide American consumers with information about where 
the peanuts they purchase are grown. This bill will allow consumers to 
make informed food choices and support American farmers. And, with the 
labeling requirement, should a health concern be raised about a 
specific country's products, such as the Mexican strawberry scare we 
witnessed a few year's back, consumers would have the information they 
need to make their own choices about the products they buy at the 
market.
  Family farmers in America are facing dire circumstances. Farmers' 
ability to grow and sell their products have been severely affected by 
bad weather conditions, poor market prices, and trade restrictions. 
This bill allows consumers to help American farmers in the best way 
that they can--with their food dollar. Consumers are provided with 
information about the country of origin of a wide range of products, 
including clothes, appliances and automobiles. It only seems 
appropriate and fair that consumers should receive the same information 
about agricultural products, specifically peanuts. In fact, because 
consumers purchase agricultural products, including peanuts, based on 
the quality and safety of these items for their families, it seems even 
more important to provide them with this basic information.
  By providing country of origin labels, consumers can determine if 
peanuts are from a country that has had pesticide or other problems 
which may be harmful to their health. This is true particularly during 
a period when food imports are increasing, and will continue to 
increase in the wake of new trade agreements such as the WTO and GATT. 
As I previously mentioned, recent outbreaks linked to strawberries in 
Mexico, and European beef related to ``mad cow disease'' have raised 
the public's awareness of imported foods and their potential health 
impacts. Consumers should not have to wait for the same thing to happen 
with peanuts before they have the information they need to make wise 
food choices. With the labeling requirement, should such an outbreak 
occur, consumers would have the information to not only avoid harmful 
products, but to continue to purchase unaffected ones.
  The growth of biotechnology in the food arena necessitates more 
information in the marketplace. Research is being conducted today on 
new peanut varieties. These research efforts include seeds that might 
deter peanut allergies, tolerate more drought, and be more resistant to 
disease. As various countries use differing technologies, consumers 
need to be made aware of the source of the product they are purchasing. 
GAO recently pointed out that FDA only inspected 1.7 percent of 2.7 
million shipments of fruit, vegetables, seafood and processed foods 
under its jurisdiction. Inspections for peanuts can be assumed to be in 
this range or less. This lack of inspection does not provide consumers 
of these products with a great deal of assurance.
  Another purpose of this bill is to provide consumers with the ability 
to gain benefit from the investments of their hard earned taxes paid to 
the U.S. government. The federal government spends a large sum of money 
on peanut research infrastructure that is by far the most advanced in 
the world. This research not only increases the productivity of peanut 
growers, but provides growers with vital information about best 
management practices, including pesticide and water usage. It assists 
growers in their efforts to more effectively and efficiently grow a 
more superior and safer product for American consumers. Consumers 
should be able to receive a return on this investment by being able to 
purchase U.S. peanuts.
  Polls have shown that consumers in America want to know the origin of 
the products they buy. And, contrary to the arguments given by 
opponents of labeling measures that such requirements would drive 
prices up, consumers have indicated that they would be willing to pay 
extra for easy access to such information. I believe that this is a 
pro-consumer bill that will have wide support.
  I am also very pleased that peanut growers in America strongly 
support my proposal. I have endorsement letters for my bill from the 
Georgia Peanut Commission, the National Peanut Growers Group, the 
Southern Peanut Farmers Federation, the Alabama Peanut Producers 
Association, and the Florida Peanut Producers Association.
  In conclusion, as my colleagues know, we live in a global economy 
which creates an international marketplace for our food products. I 
strongly believe that by providing country of origin labeling for 
agricultural products, such as peanuts, we not only provide consumers 
with information they need to make informed choices about the quality 
of food being served to their family but we also allow American farmers 
to showcase the time and effort they put into producing the safest and 
finest food products in the world. I believe this bill represents these 
principles and I ask my colleagues for their support.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1669

       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 ``Peanut Labeling Act of 
     1999''.

     SEC. 2. INDICATION OF COUNTRY OF ORIGIN OF PEANUTS AND PEANUT 
                   PRODUCTS.

       (a) Definitions.--In this section:
       (1) Peanut product.--The term ``peanut product'' means any 
     product more than 3 percent of the retail value of which is 
     derived from peanuts contained in the product.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Notice of Country of Origin Required.--
       (1) In general.--Subject to paragraph (2), a retailer of 
     peanuts or peanut products produced in, or imported into, the 
     United States (including any peanut product that contains 
     peanuts that are not produced in the United States) shall 
     inform consumers, at the final point of sale to consumers, of 
     the country of origin of the peanuts or peanut products.
       (2) Waiver.--The Secretary may waive the application of 
     paragraph (1) to a retailer of peanuts or peanut products if 
     the retailer demonstrates to the Secretary it is 
     impracticable for the retailer to determine the country of 
     origin of the peanuts or peanut products.
       (c) 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 peanuts 
     or peanut products or on the package, display, holding unit, 
     or bin containing the peanuts or peanut products at the final 
     point of sale to consumers.
       (2) Existing labeling.--If the peanuts or peanut products 
     are already labeled regarding country of origin by the 
     packer, importer, or another person, the retailer shall not 
     be required to provide any additional information in order to 
     comply with this section.
       (d) Violations.--If a retailer fails to indicate the 
     country of origin of peanuts or peanut products as required 
     by subsection (b), the Secretary may impose 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 violation continues.
       (e) Deposit of Funds.--Amounts collected under subsection 
     (d) shall be deposited in the Treasury of the United States 
     as miscellaneous receipts.
       (f) Application.--This section shall apply with respect to 
     peanuts and peanut products produced in, or imported into, 
     the United States after the date that is 180 days after the 
     date of enactment of this Act.
                                  ____

                                    Georgia Agricultural Commodity


                                       Commission for Peanuts,

                                   Tifton, GA, September 22, 1999.
     Hon. Max Cleland,
     U.S. Senate, Dirksen Building,
     Washington, DC.
       Dear Senator Cleland: On behalf of the Georgia Peanut 
     Commission, I strongly support your efforts to introduce the 
     ``Peanut Labeling Act of 1999.'' Origin labeling of peanuts 
     and peanut products is extremely important to our peanut 
     industry in Georgia. It will not only benefit our Georgia 
     growers, but it will be an asset for growers across our 
     nation.
       Requiring an origin of label allows our consumers the 
     choice to buy American products. Because our quality and 
     safety standards are among the best, our peanuts and peanut 
     products should be labeled in order to differentiate from 
     other foreign products. The consumer should have information 
     that allows them to discern which peanut and peanut product 
     is best for them.
       We support and appreciate your efforts.
           Sincerely,
                                                     Billy Griggs,
                              Chairman, Georgia Peanut Commission.

[[Page S11728]]

     
                                  ____
                                National Peanut Growers Group,

                                   Gorman, TX, September 22, 1999.
     Hon. Max Cleland,
     U.S. Senate, Dirksen Senate Building,
     Washington, DC.
       Dear Senator Cleland: The National Peanut Growers Group 
     endorses the ``Peanut Labeling Act of 1999.'' Our group, 
     which consists of grower representation from our peanut 
     producing regions across the nation, fully supports your 
     efforts to introduce this legislation. We believe origin 
     labeling of peanuts and peanut products is vital to our 
     industry's survival. Because our quality and safety standards 
     are the best in the world, our peanuts and peanut products 
     should be labeled in order to differentiate from other 
     foreign products. The consumer should have information that 
     allows them to discern which peanut and peanut product is 
     best for them.
       Thank you for your support. We appreciate your efforts to 
     strengthen our peanut industry.
           Sincerely,
                                                    Wilbur Gamble,
     Chairman.
                                  ____

                                                   Southern Peanut


                                           Farmers Federation,

                                               September 22, 1999.
     Hon. Max Cleland,
     U.S. Senate, Dirksen Senate Building,
     Washington, DC.
       Dear Senator Cleland: The Southern Peanut Farmers 
     Federation, an alliance of Alabama Peanut Producers 
     Association, Georgia Peanut Commission, and Florida Peanut 
     Producers Association, strongly supports the ``Peanut 
     Labeling Act of 1999.'' We appreciate the opportunity to 
     review the bill, and we believe its enactment will strengthen 
     our peanut industry.
       This bill is very important to us for several reasons. 
     First, we believe that like most products made in America, 
     peanuts and peanut products should have a label of origin. 
     Secondly, we believe that by giving American consumers this 
     information, it allows them to buy American products. The 
     numbers of imported peanuts and peanut products continue to 
     rise each year. We believe that by labeling our products, our 
     growers will have a tool that keeps them at a level playing 
     field with the competition. The American consumer will want 
     to purchase products of high quality and that meets stringent 
     safety standards.
       The labeling of peanuts and peanut products would alleviate 
     the numbers of peanuts and peanut products coming into the 
     country illegally. Many products are imported into our 
     country without trade restrictions, due to NAFTA, and sold to 
     our American consumer. Yet, some of those peanut products 
     originated from our domestic growers. With a labeling 
     requirement, we would be able to identify whether our 
     exported products are returned to our domestic market. 
     Alleviating this problem would keep our peanut market from 
     being saturated.
       The ``Peanut Labeling Act'' is a tremendous step in the 
     right direction for our industry. It is a vital tool that 
     will allow our industry to compete in the future as our 
     country's trade policy is expanded.
           Sincerely,
     Billy Griggs,
       Georgia Peanut Commission.
     Carl Sanders,
       Florida Peanut Producers Association.
     Gregg Hall,
       Alabama Peanut Producers Association.
                                  ____

                                                    Florida Peanut


                                        Producers Association,

                                 Marianna, FL, September 21, 1999.
     Hon. Max Cleland,
     U.S. Senate, Washington, DC.
       Dear Senator Cleland: The Florida Peanut Producers 
     Association Board of Directors, representing 1,100 peanut 
     farmers in Florida, without reservations, endorse your 
     ``Peanut Labeling Act of 1999''. Mr. Bob Redding of the 
     Redding Firm in Washington has kept our board informed on the 
     language and movement of this bill. We feel strongly that a 
     Peanut Labeling Bill will once again give the American peanut 
     farmer the edge to compete with imported competition. We are 
     convinced the safety and quality of American grown will 
     always be the choice of our consumers, if given a choice by 
     origin labeling.
       We appreciate your efforts concerning this issue, as well 
     as your over-all interest in Southern agriculture.
           Sincerely,
     Greg Hall,
       President.
     Jeff Crawford, Jr.,
       Executive Director.
                                  ____

                                                    Alabama Peanut


                                        Producers Association,

                                   Dothan, AL, September 22, 1999.
     To: Senator Max Cleland.
     From: H. Randall Griggs.
       On behalf of the peanut producers in Alabama, we appreciate 
     your efforts to introduce labeling legislation pertaining to 
     peanuts and peanut products. As the marketplace becomes more 
     globalized, the U.S. industry should be allowed to 
     differentiate itself from other origins. Also, consumers 
     should have the information necessary to choose and know 
     where their food products originate.
       Again, we support and appreciate your efforts.
                                 ______