[Congressional Record Volume 149, Number 34 (Tuesday, March 4, 2003)]
[Senate]
[Pages S3079-S3080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             THE FARM BILL

  Mr. HARKIN. Madam President, I rise today to discuss an issue that 
has arisen out of a technical problem in the farm bill Congress passed 
last year.
  Section 10806(b) of the Farm Security and Rural Investment Act of 
2002 amended the Federal Food, Drug and Cosmetic Act by placing 
limitations on the use of the term ``ginseng'' as the common or usual 
name for plants classified within the genus Panax. The purpose of this 
provision was to address confusion that had arisen from products 
derived from different plants being labeled as ``Siberian ginseng'', 
and the like.
  However, I must note that the use of the term ``ginseng'' for plants 
classified in a genus other than Panax was not illegal under Federal 
labeling laws in place prior to the passage of the Farm Security and 
Rural Investment Act of 2002. In these types of situations where a 
labeling change is proposed, the Food and Drug Administration 
recognizes that, in order to assure an orderly and economical industry 
adjustment to new labeling requirements, a sufficient lead time is 
necessary to permit planning for the use of existing label inventories 
and the development of new labeling materials.
  Unfortunately, the ginseng provision Congress included in the farm 
bill lacked a specific effective date that would have allowed FDA's 
typical transition period to occur. As one of the lead authors of the 
farm bill, and as chair of the Senate Agriculture Committee at the 
time, I want to be clear this was simply an oversight on the part of 
the Senate and House in writing that portion of the farm bill that 
needs to be corrected as soon as possible.
  I proposed to correct this omission in the Omnibus Appropriations 
bill for FY 2003, PL 108-7, and supply an effective date of May 13, 
2003 for Section 10806(b) Ginseng Labeling of the Farm Security and 
Rural Investment Act of 2002. Unfortunately, in the rush to complete 
work on that bill, the provision was left out even though no one had 
any objections to it.

[[Page S3080]]

  Because it is important to address this as soon as possible, I want 
my colleagues to know that I plan to offer my amendment to supply an 
effective date for the ginseng provision again, either on the 
supplemental legislation we are likely to receive soon or other 
legislation moving on the floor of the Senate. It is my hope we can 
more quickly to correct this oversight.

                          ____________________