[Congressional Record Volume 147, Number 8 (Tuesday, January 23, 2001)]
[Senate]
[Pages S456-S457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CLELAND:
  S. 144. 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.
  Mr. CLELAND. Mr. President, today I am re-introducing the Peanut 
Labeling Act. This bill will require country of origin labeling for all 
peanut and peanut products sold in the United States; specifically, it 
will require consumers to 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 in the best way that 
they can--with their food dollar.
  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.
  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.
  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. In fact, the Peanut Labeling Act has been endorsed 
by 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 be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S457]]

                                 S. 144

       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 
     2001''.

     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.
                                 ______