| Peanut Labeling Act of
2001 (Introduced in the Senate)
S 144 IS
107th CONGRESS
1st Session
S. 144
To require country
of origin labeling of peanuts and peanut products and to establish penalties
for violations of the labeling requirements.
IN THE SENATE OF THE UNITED
STATES
January 23, 2001
Mr. CLELAND introduced the following
bill; which was read twice and referred to the Committee on Agiculture,
Nutrition, and Forestry
A BILL
To require country
of origin labeling of peanuts and peanut products and to establish penalties
for violations of the labeling requirements.
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 `Peanut Labeling Act of 2001'.
SEC. 2. INDICATION OF COUNTRY
OF ORIGIN OF PEANUTS AND PEANUT PRODUCTS.
(a) DEFINITIONS- In this
section:
(1) PEANUT PRODUCT- The
term `peanut product' means any product more than 3 percent of the retail
value of which is derived from peanuts contained in the product.
(2) SECRETARY- The term
`Secretary' means the Secretary of Agriculture.
(b) NOTICE OF COUNTRY OF
ORIGIN REQUIRED-
(1) IN GENERAL- Subject
to paragraph (2), a retailer of peanuts or peanut products produced in,
or imported into, the United States (including any peanut product that
contains peanuts that are not produced in the United States) shall inform
consumers, at the final point of sale to consumers, of the country of origin
of the peanuts or peanut products.
(2) WAIVER- The Secretary
may waive the application of paragraph (1) to a retailer of peanuts or
peanut products if the retailer demonstrates to the Secretary it is impracticable
for the retailer to determine the country of origin of the peanuts or peanut
products.
(c) METHOD OF NOTIFICATION-
(1) IN GENERAL- The information
required by subsection (b) may be provided to consumers by means of a label,
stamp, mark, placard, or other clear and visible sign on the peanuts or
peanut products or on the package, display, holding unit, or bin containing
the peanuts or peanut products at the final point of sale to consumers.
(2) EXISTING LABELING- If
the peanuts or peanut products are already labeled regarding country of
origin by the packer, importer, or another person, the retailer shall not
be required to provide any additional information in order to comply with
this section.
(d) VIOLATIONS- If a retailer
fails to indicate the country of origin of peanuts or peanut products as
required by subsection (b), the Secretary may impose a civil penalty on
the retailer in an amount not to exceed--
(1) $1,000 for the first
day on which the violation occurs; and
(2) $250 for each day on
which the violation continues.
(e) DEPOSIT OF FUNDS- Amounts
collected under subsection (d) shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(f) APPLICATION- This section
shall apply with respect to peanuts and peanut products produced in, or
imported into, the United States after the date that is 180 days after
the date of enactment of this Act.
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