[Congressional Record Volume 151, Number 24 (Friday, March 4, 2005)]
[Senate]
[Pages S2084-S2085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself and Mr. Specter):
  S. 531. A bill to amend the Agricultural Adjustment Act to exempt 
certain identified varieties of tomatoes from agricultural marketing 
orders; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. SPECTER. Mr. President, I join today with my colleague from 
Pennsylvania to introduce the Agricultural Marketing Success Act, 
legislation that would amend the Agricultural Marketing Act, AMAA, of 
1937 by permitting identified tomato varieties operating under an 
enhanced U.S. Department of Agriculture, USDA, inspection and audit 
program, the Identity Program, to be exempt from marketing order 
restrictions. Additionally, my House colleague from Pennsylvania, 
Representative Sherwood is submitting similar legislation.
  This legislation would terminate the restrictions imposed on the Ugly 
Ripe tomato, which is owned and produced by a Pennsylvania tomato 
company, by the Florida Tomato Committee, FTC. The FTC sets standards 
pertaining to the shape of round tomatoes grown South and East of the 
Suwannee River and shipped out of Florida from October 10 through June 
15 of each year.
  The impetus for this legislation began three years ago when the FTC 
granted the Ugly Ripe tomato an exemption from the grade standards, 
pertaining to size and shape, which resulted in robust sales 
nationwide. However, in the fourth year or growing season, the FTC 
denied an exemption claiming that the Ugly Ripe did not meet the 
appropriate shape.
  Once the FTC made its decision not to allow an additional exemption 
for the Ugly Ripe, I was surprised to see that Cherry tomatoes, Roma 
tomatoes, and Grape tomatoes did continue to receive their exemptions. 
Therefore, I, along with my colleagues from Pennsylvania, met with USDA 
Secretary Mike Johanns to discuss the matter and requested that he 
review the actions taken by the FTC and to use his

[[Page S2085]]

authority under the AMAA of 1937 to overrule the recommendation of the 
FTC and grant an additional exemption, which will permit the product to 
be shipped interstate during the growing season. We were assured by 
USDA a timely response and subsequently we are offering this 
legislation to expedite their focus on this important issue. We hope 
our congressional support assists the Secretary in making his decision.
  I urge my colleagues to cosponsor and support this legislation, which 
would allow the growers of the Ugly Ripe an opportunity to market their 
product without conforming to an unreasonable standard. It is my hope 
that this legislation will evoke necessary changes in shape 
requirements.
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