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Dated: May 1, 2002
"Subtitle D-Country of Origin Labeling
"SEC. 281. DEFINITIONS.
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"In this subtitle: |
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"(1) BEEF.-The term 'beef means meat
produced from cattle (including veal). |
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"(2) COVERED COMMODITY.- |
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"(A) IN GENERAL.-The term 'covered
commodity' means- |
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"(i) muscle cuts of beef, lamb, and pork; |
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"(ii) ground beef, ground lamb, and ground pork; |
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"(iii) farm-raised fish; |
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"(iv) wild fish; |
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"(v) a perishable agricultural commodity; and |
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"(vi) peanuts. |
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"(B) EXCLUSIONS.-The term 'covered
commodity' does not include an item described in subparagraph (A) if the
item is an ingredient in a processed food item. |
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"(3) FARM-RAISED FISH.-The term 'farm-raised
fish' includes- |
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"(A) farm-raised shellfish; and |
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"(B) fillets, steaks, nuggets, and any other
flesh from a farm-raised fish or shellfish. |
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"(4) FOOD SERVICE ESTABLISHMENT.-The term
'food service establishment' means a restaurant, cafeteria, lunch room,
food stand, saloon, tavern, bar, lounge, or other similar facility
operated as an enterprise engaged in the business of selling food to the
public. |
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"(5) LAMB.-The term 'lamb' means meat, other
than mutton, produced from sheep. |
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"(6) PERISHABLE AGRICULTURAL COMMODITY;
RETAILER.- The terms 'perishable agricultural commodity ' and 'retailer'
have the meanings given the terms in section 1(b) of the Perishable
Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). |
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"(7) PORK.-The term 'pork' means meat
produced from hogs. |
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"(8) SECRETARY.-The term 'Secretary' means
the Secretary of Agriculture, acting through the Agricultural Marketing
Service. |
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"(9) WILD FISH.- |
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"(A) IN GENERAL.-The term 'wild fish' means
naturally-born or hatchery-raised fish and shellfish harvested in the
wild. |
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"(B) INCLUSIONS.-The term 'wild fish'
includes a fillet, steak, nugget, and any other flesh from wild fish or
shell-fish. |
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"(C) EXCLUSIONS.-The term 'wild fish'
excludes net-pen aquacultural or other farm-raised fish. |
"SEC. 282. NOTICE OF COUNTRY OF ORIGIN.
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"(a) IN GENERAL.- |
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"(1) REQUIREMENT.-Except as provided in
subsection (b), a retailer of a covered commodity shall inform
consumers, at the final point of sale of the covered commodity to
consumers, of the country of origin of the covered commodity. |
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"(2) UNITED STATES COUNTRY OF ORIGIN.-A
retailer of a covered commodity may designate the covered commodity as
having a United States country of origin only if the covered commodity- |
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"(A) in the case of beet; is exclusively
from an animal that is exclusively born, raised, and slaughtered in the
United States (including from an animal exclusively born and raised in
Alaska or Hawaii and transported for a period not to exceed 60 days
through Canada to the United States and slaughtered in the United
States); |
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"(B) in the case of lamb and pork, is
exclusively from an animal that is exclusively born, raised, and
slaughtered in the United States; |
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"(C) in the case of farm-raised fish, is
hatched, raised, harvested, and processed in the United States; |
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"(D) in the case of wild fish, is- |
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"(i) harvested in waters of the United States, a
territory of the United States, or a State; and |
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"(ii) processed in the United States, a territory of the
United States, or a State, including the waters thereof; and |
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"(E) in the case of a perishable
agricultural commodity or peanuts, is exclusively produced in the United
States. |
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"(3) WILD FISH AND FARM-RAISED FISH.-The
notice of country of origin for wild fish and farm-raised fish shall
distinguish between wild fish and farm-raised fish. |
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"(b) EXEMPTION FOR FOOD SERVICE
ESTABLISHMENTS.-Subsection (a) shall not apply to a covered commodity if
the covered commodity is- |
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"(1) prepared or served in a food service
establishment; and |
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"(2)(A) offered for sale or sold at the food
service establishment in normal retail quantities; or |
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"(B) served to consumers at the food service
establishment. |
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"(c) METHOD OF NOTIFICATION.- |
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"(1) IN GENERAL.-The information required by
subsection (a) may be provided to consumers by means of a label, stamp,
mark, placard, or other clear and visible sign on the covered commodity
or on the package, display, holding unit, or bin containing the
commodity at the final point of sale to consumers. |
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"(2) LABELED COMMODITIES.-If the covered
commodity is already individually labeled for retail sale regarding
country of origin, the retailer shall not be required to provide any
additional information to comply with this section. |
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"(d) AUDIT VERIFICATION SYSTEM.-The
Secretary may require that any person that prepares, stores, handles, or
distributes a covered commodity for retail sale maintain a verifiable
recordkeeping audit trail that will permit the Secretary to verify
compliance with this subtitle (including the regulations promulgated
under section 284(b)). |
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"(e) INFORMATION.-Any person engaged in the
business of supplying a covered commodity to a retailer shall provide
information to the retailer indicating the country of origin of the
covered commodity. |
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"(f) CERTIFICATION OF ORIGIN.- |
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"(1) MANDATORY IDENTIFICATION.-The Secretary
shall not use a mandatory identification system to verify the country of
origin of a covered commodity. |
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"(2) EXISTING CERTIFICATION PROGRAMS.-To
certify the country of origin of a covered commodity, the Secretary may
use as a model certification programs in existence on the date of
enactment of this Act, including- |
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"(A) the carcass grading and certification
system carried out under this Act; |
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"(B) the voluntary country of origin beef
labeling system carried out under this Act; |
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"(C) voluntary programs established to
certify certain premium beef cuts; |
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"(D ) the origin verification system
established to carry out the child and adult care food program
established under section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766); or |
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"(E) the origin verification system
established to carry out the market access program under section 203 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5623). |
"SEC. 283. ENFORCEMENT.
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"(a) IN GENERAL.-Except as provided in
subsections (b) and (c), section 253 shall apply to a violation of this
subtitle. |
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"(b) WARNINGS.-If the Secretary determines
that a retailer is in violation of section 282, the Secretary shall- |
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"(1) notify the retailer of the determination of the
Secretary; and |
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"(2) provide the retailer a 30-day period, beginning on
the date on which the retailer receives the notice under paragraph (1)
from the Secretary, during which the retailer may take necessary steps
to comply with section 282. |
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"(c) FINES.-If, on completion of the 30-day
period described in subsection (b)(2), the Secretary determines that the
retailer has willfully violated section 282, after providing notice and
an opportunity for a hearing before the Secretary with respect to the
violation, the Secretary may fine the retailer in an amount of not more
than $10,000 for each violation. |
"SEC. 284. REGULATIONS.
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"(a) GUIDELINES.-Not later than September 30, 2002, the
Secretary shall issue guidelines for the voluntary country of origin
labeling of covered commodities based on the requirements of section
282. |
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"(b) REGULATIONS.-Not later than September 30, 2004, the
Secretary shall promulgate such regulations as are necessary to
implement this subtitle. |
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"(c) PARTNERSHIPS WITH STATES.-In promulgating the
regulations, the Secretary shall, to the maximum extent practicable,
enter into partnerships with States with enforcement infrastructure to
assist in the administration of this subtitle. |
"SEC. 285. APPLICABILITY.
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"This subtitle shall apply to the retail sale of a
covered commodity beginning September 30, 2004. |
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