[Congressional Record Volume 153, Number 126 (Thursday, August 2, 2007)]
[Senate]
[Pages S10801-S10802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 1953. A bill to amend the Agricultural Manufacturing Act of 1946 
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 with the Senior Senator from Wisconsin, Mr. Kohl, which 
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 2007 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 over 90 percent of the ginseng grown in the U.S., with the 
vast majority of that ginseng 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 
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 is 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 U.S. 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 2007, 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 clearly labeled with the country of harvest 
at the point of importation or when it is sold at wholesale or retail. 
``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.
  I have also made sure that these straight-forward labeling provisions 
are reasonable for the legitimate importers, wholesalers and retailers 
of ginseng. My bill only covers ginseng as a raw root, the form in 
which the majority of the high quality Wisconsin ginseng is sold. I 
have also clarified the legislation to make it clear that retailers are 
only responsible for transmitting the country of harvest label that 
they received from the importer or wholesaler to the consumer. So if 
the retailer never received the country of harvest label, it is only 
the wholesaler or importer that is liable. Moreover, I added a 
provision that requires the USDA to conduct outreach to the 
wholesalers, importers, retailers, trade associations and other 
interested parties during the 180 days provided before the labeling 
requirement takes effect.
  Besides the support from the ginseng growers of the Ginseng Board of 
Wisconsin, I am glad to have the support of the American Herbal 
Products Association and the United Natural Products Alliance. The 
support of both the growers of ginseng and these trade associations 
focused on herbal and natural products are further testament to the 
broad support for the legislation Senator Kohl and I introduce today.
  These commonsense 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 seek out a 
high-quality ginseng root--such as Wisconsin-grown ginseng, they are 
getting the real thing, not a knock-off.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1953

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S10802]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ginseng Harvest Labeling Act 
     of 2007''.

     SEC. 2. DISCLOSURE OF COUNTRY OF HARVEST FOR GINSENG.

       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) Definitions.--In this section:
       ``(1) Ginseng.--The term `ginseng' means an herb or herbal 
     ingredient that is derived from a plant classified within the 
     genus Panax.
       ``(2) Raw agricultural commodity.--The term `raw 
     agricultural commodity' has the meaning given the term in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(b) Disclosure.--
       ``(1) In general.--A person that offers ginseng for sale as 
     a raw agricultural commodity shall disclose to a potential 
     purchaser the country of harvest of the ginseng.
       ``(2) Importation.--A person that imports ginseng as a raw 
     agricultural commodity into the United States shall disclose 
     at the point of entry into the United States, in accordance 
     with section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), 
     the country in which the ginseng was harvested .
       ``(c) Manner of Disclosure.--
       ``(1) In general.--The disclosure required by subsection 
     (b) shall be provided to a potential purchaser by means of a 
     label, stamp, mark, placard, or other easily legible and 
     visible sign on the ginseng or on the package, display, 
     holding unit, or bin containing the ginseng.
       ``(2) Retailers.--A retailer of ginseng as a raw 
     agricultural commodity shall--
       ``(A) retain the means of disclosure provided under 
     subsection (b); and
       ``(B) provide the received means of disclosure to a retail 
     purchaser of the ginseng.
       ``(3) Regulations.--The Secretary shall by regulation 
     prescribe with specificity the manner in which disclosure 
     shall be made in a transaction at the wholesale or retail 
     level (including a transaction by mail, telephone, internet, 
     or in retail stores).
       ``(d) Failure to Disclose.--The Secretary may impose on a 
     person that fails to comply with subsection (b) a civil 
     penalty in an amount of not more than--
       ``(1) $1,000 for the first day on which the failure to 
     disclose occurs; and
       ``(2) $250 for each subsequent day on which the failure to 
     disclose continues.
       ``(e) Information.--The Secretary shall make information 
     available to wholesalers, importers, retailers, trade 
     associations, and other interested persons concerning the 
     requirements of this section (including regulations 
     promulgated to carry out this section).''.

     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.
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