[Congressional Record Volume 169, Number 83 (Wednesday, May 17, 2023)]
[Senate]
[Page S1707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Ms. Baldwin, Mr. Marshall, and Ms. 
        Smith):
  S. 1652. A bill to amend the Agricultural Trade Act of 1978 to 
preserve foreign markets for goods using common names, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. THUNE. Madam President, 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. 1652

       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 ``Safeguarding American Value-
     Added Exports Act of 2023'' or the ``SAVE Act of 2023''.

     SEC. 2. PRESERVING FOREIGN MARKETS FOR GOODS USING COMMON 
                   NAMES.

       (a) Definitions.--Section 102 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5602) is amended--
       (1) in the matter preceding paragraph (1), by striking ``As 
     used in this Act--'' and inserting ``In this Act:'';
       (2) by redesignating paragraphs (2) through (8) as 
     paragraphs (3), (5), (6), (7), (8), (9), and (4), 
     respectively, and reordering accordingly;
       (3) by inserting after paragraph (1) the following:
       ``(2) Common name.--
       ``(A) In general.--The term `common name' means a name 
     that, as determined by the Secretary--
       ``(i) is ordinarily or customarily used for an agricultural 
     commodity or food product;
       ``(ii) is typically placed on the packaging and product 
     label of the agricultural commodity or food product;
       ``(iii) with respect to wine--

       ``(I) is--

       ``(aa) ordinarily or customarily used for a wine grape 
     varietal name; or
       ``(bb) a traditional term or expression that is typically 
     placed on the packaging and label of the wine; and

       ``(II) does not mean any appellation of origin for wine 
     listed in subpart C of part 9 of title 27, Code of Federal 
     Regulations (or successor regulations); and

       ``(iv) the use of which is consistent with standards of the 
     Codex Alimentarius Commission.
       ``(B) Considerations.--In making a determination under 
     subparagraph (A), the Secretary may take into account--
       ``(i) competent sources, such as dictionaries, newspapers, 
     professional journals and literature, and information posted 
     on websites that are determined by the Secretary to be 
     reliable in reporting market information;
       ``(ii) the use of the common name in a domestic, regional, 
     or international product standard, including a standard 
     promulgated by the Codex Alimentarius Commission, for the 
     agricultural commodity or food product; and
       ``(iii) the ordinary and customary use of the common name 
     in the production or marketing of the agricultural commodity 
     or food product in the United States or in other 
     countries.''; and
       (4) in paragraph (7) (as so redesignated), in subparagraph 
     (A)--
       (A) in clause (v), by striking ``or'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(vii) prohibits or disallows the use of the common name 
     of an agricultural commodity or food product of the United 
     States.''.
       (b) Negotiations to Defend Use of Common Names.--Title III 
     of the Agricultural Trade Act of 1978 (7 U.S.C. 5652 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 303. NEGOTIATIONS TO DEFEND THE USE OF COMMON NAMES.

       ``(a) In General.--The Secretary shall coordinate efforts 
     with the United States Trade Representative to secure the 
     right of United States agricultural producers, processors, 
     and exporters to use common names for agricultural 
     commodities or food products in foreign markets through the 
     negotiation of bilateral, plurilateral, or multilateral 
     agreements, memoranda of understanding, or exchanges of 
     letters that assure the current and future use of each common 
     name identified by the Secretary in connection with United 
     States agricultural commodities or food products.
       ``(b) Report.--The Secretary and the United States Trade 
     Representative shall submit to Congress a report every 2 
     years regarding efforts and successes in carrying out 
     subsection (a).''.
                                 ______