[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4026-S4027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 854: A bill to require labeling of raw agricultural forms of 
ginseng, including the country of harvest, and for other purposes; to 
the Committee on agriculture, Nutrition, and Forestry.
  Mr. FEINGOLD. Mr. President, I would like to discuss legislation I am 
introducing that would protect ginseng farmers and consumers by 
ensuring that ginseng is labeled accurately with where the root was 
harvested. The ``Ginseng Harvest Labeling Act of 2005'' is similar to 
bills that I introduced in previous Congresses and developed after 
hearing suggestions from ginseng growers and the Ginseng Board of 
Wisconsin.
  I would like to take the opportunity to discuss American ginseng and 
the problems facing Wisconsin's ginseng growers so that my colleagues 
understand the need for this legislation. Chinese and Native American 
cultures have used ginseng for thousands of years for herbal and 
medicinal purposes. As a dietary supplement, American ginseng is widely 
touted for its ability to improve energy and vitality, particularly in 
fighting fatigue or stress.
  In the U.S., ginseng is experiencing increasing popularity as a 
dietary supplement, and I am proud to say that my home State of 
Wisconsin is playing a central role in ginseng's resurgence. Wisconsin 
produces 97 percent of the ginseng grown in the United States, and 85 
percent of the country's ginseng is grown in just one Wisconsin county, 
Marathon County. Ginseng is also grown in a number of other States such 
as Maine, Maryland, New York, North Carolina, Oregon, South Carolina, 
and West Virginia.
  For Wisconsin, ginseng has been an economic boon. Wisconsin ginseng 
commands a premium price in world markets because it is of the highest 
quality and because it has a low pesticide and chemical content. In 
2002, U.S. exports of ginseng totaled nearly $45 million, much of which 
was grown in Wisconsin. With a huge market for this high-quality 
ginseng overseas, and growing popularity for the ancient root here at 
home, Wisconsin's ginseng industry should have a prosperous future 
ahead.
  Unfortunately, the outlook for ginseng farmers is marred by a serious

[[Page S4027]]

problem--smuggled and mislabeled ginseng. Wisconsin ginseng is 
considered so superior to ginseng grown abroad that smugglers will go 
to great lengths to label ginseng grown in Canada or Asia as 
``Wisconsin-grown.''
  Here's how the switch takes place: Wisconsin ginseng is shipped to 
China to be sorted into various grades. While the sorting process is 
itself a legitimate part of distributing ginseng, smugglers too often 
use it as a ruse to switch Wisconsin ginseng with Asian- or Canadian-
grown ginseng considered inferior by consumers. The lower quality 
ginseng is then shipped back to the U.S. for sale to American consumers 
who think they are buying the Wisconsin-grown product.
  There is good reason consumers should want to know that the ginseng 
they buy is American-grown considering that the only accurate way of 
testing ginseng to determine where it was grown is to test for 
pesticides that are banned in the United States. The Ginseng Board of 
Wisconsin has been testing some ginseng found on store shelves, and in 
many of the products, residues of chemicals such as DDT, lead, arsenic, 
and quintozine (PCNB) have been detected. Since the majority of ginseng 
sold in the U.S. originates from countries with less stringent 
pesticide standards, it is vitally important that consumers know which 
ginseng is really grown in the U.S.
  To capitalize on their product's preeminence, the Ginseng Board of 
Wisconsin has developed a voluntary labeling program, stating that the 
ginseng is ``Grown in Wisconsin, U.S.A.'' However, Wisconsin ginseng is 
so valuable that counterfeit labels and ginseng smuggling have become 
widespread around the world. As a result, consumers have no way of 
knowing the most basic information about the ginseng they purchase--
where it was grown, what quality or grade it is, or whether it contains 
dangerous pesticides.
  My legislation, the Ginseng Harvest Labeling Act of 2005, proposes 
some common sense steps to address some of the challenges facing the 
ginseng industry. My legislation requires that ginseng, as a raw 
agricultural commodity, be sold at retail with a label clearly 
indicating the country that the ginseng was harvested in. ``Harvest'' 
is important because some Canadian and Chinese growers have ginseng 
plants that originated in the U.S., but because these plants were 
cultivated in a foreign country, they may have been treated with 
chemicals not allowed for use in the U.S. This label would also allow 
buyers of ginseng to more easily prevent foreign companies from mixing 
foreign-produced ginseng with ginseng harvested in the U.S. The country 
of harvest labeling is a simple but effective way to enable consumers 
to make an informed decision.
  These common sense reforms would give ginseng growers the support 
they deserve and help consumers make informed choices about the ginseng 
that they consume. We must ensure that when ginseng consumers reach for 
a high-quality ginseng product--such as Wisconsin-grown ginseng--they 
are getting the real thing, not a knock-off.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 854

       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 ``Ginseng Harvest Labeling Act 
     of 2005 ''.

     SEC. 2. DISCLOSURE OF COUNTRY OF HARVEST.

       The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

                         ``Subtitle E--Ginseng

     ``SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.

       ``(a) Definition of Ginseng.--In this section, the term 
     `ginseng' means an herb or herbal ingredient that--
       ``(1) is derived from a plant classified within the genus 
     Panax; and
       ``(2) is offered for sale as a raw agricultural commodity 
     in any form intended to be used in or as a food or dietary 
     supplement under the name of `ginseng'.
       ``(b) Disclosure.--
       ``(1) In general.--A person that offers ginseng for sale as 
     a raw agricultural commodity shall disclose to potential 
     purchasers the country of harvest of the ginseng.
       ``(2) Importation.--A person that imports ginseng into the 
     United States shall disclose the country of harvest of the 
     ginseng at the point of entry of the United States, in 
     accordance with section 304 of the Tariff Act of 1930 (19 
     U.S.C. 1304).
       ``(c) Manner of Disclosure.--
       ``(1) In general.--The disclosure required by subsection 
     (b) shall be provided to potential purchasers by means of a 
     label, stamp, mark, placard, or other clear and visible sign 
     on the ginseng or on the package, display, holding unit, or 
     bin containing the ginseng.
       ``(2) Retailers.--A retailer of ginseng shall--
       ``(A) retain disclosure provided under subsection (b); and
       ``(B) provide disclosure to a retail purchaser of the raw 
     agricultural commodity.
       ``(3) Regulations.--The Secretary of Agriculture shall by 
     regulation prescribe with specificity the manner in which 
     disclosure shall be made in transactions at wholesale or 
     retail (including transactions by mail, telephone, or 
     Internet or in retail stores).
       ``(d) Failure to Disclose.--The Secretary of Agriculture 
     may impose on a person that fails to comply with subsection 
     (b) a civil penalty of not more than--
       ``(1) $1,000 for the first day on which the failure to 
     disclose occurs; and
       ``(2) $250 for each day on which the failure to disclose 
     continues.''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect on 
     the date that is 180 days after the date of enactment of this 
     Act.
                                 ______