Consumer Right-to-Know Act of 2001 (Introduced in the Senate)

S 280 IS

107th CONGRESS

1st Session

S. 280

To amend the Agricultural Marketing Act of 1946 to require retailers of beef, lamb, pork, and perishable agricultural commodities to inform consumers, at the final point of sale to consumers, of the country of origin of the commodities.

IN THE SENATE OF THE UNITED STATES

February 7, 2001

Mr. JOHNSON (for himself, Mr. GRAHAM, Mr. CAMPBELL, Mr. ENZI, Mr. BAUCUS, Mr. CLELAND, Mr. DASCHLE, and Mr. HOLLINGS) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Agricultural Marketing Act of 1946 to require retailers of beef, lamb, pork, and perishable agricultural commodities to inform consumers, at the final point of sale to consumers, of the country of origin of the commodities.

    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 `Consumer Right-to-Know Act of 2001'.

SEC. 2. COUNTRY OF ORIGIN LABELING.

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

`Subtitle C--Country of Origin Labeling

`SEC. 271. DEFINITIONS.

    `In this subtitle:
      `(1) BEEF- The term `beef' means meat produced from cattle (including veal).
      `(2) COVERED COMMODITY- The term `covered commodity' means--
        `(A) muscle cuts of beef, lamb, and pork;
        `(B) ground beef, ground lamb, and ground pork; and
        `(C) a perishable agricultural commodity.
      `(3) 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.
      `(4) LAMB- The term `lamb' means meat, other than mutton, produced from sheep.
      `(5) 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, 1930 (7 U.S.C. 499a(b)).
      `(6) PORK- The term `pork' means meat produced from hogs.
      `(7) SECRETARY- The term `Secretary' means the Secretary of Agriculture, acting through the Agricultural Marketing Service.

`SEC. 272. NOTICE OF COUNTRY OF ORIGIN.

    `(a) IN GENERAL-
      `(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.
      `(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--
        `(A) in the case of a covered commodity (other than a perishable agricultural commodity), is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States; and
        `(B) in the case of a perishable agricultural commodity, is exclusively produced in the United States.
    `(b) EXEMPTION FOR FOOD SERVICE ESTABLISHMENTS- Subsection (a) shall not apply to a covered commodity if the covered commodity is--
      `(1) prepared or served in a food service establishment; and
      `(2)(A) offered for sale or sold at the food service establishment in normal retail quantities; or
      `(B) served to consumers at the food service establishment.
    `(c) METHOD OF NOTIFICATION-
      `(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.
      `(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.
    `(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 ensure compliance with the regulations promulgated under section 274.
    `(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.

`SEC. 273. ENFORCEMENT.

    `Section 253 shall apply to a violation of this subtitle.

`SEC. 274. REGULATIONS.

    `(a) IN GENERAL- The Secretary may promulgate such regulations as are necessary to carry out this subtitle.
    `(b) PARTNERSHIPS WITH STATES- In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to carry out this subtitle.

`SEC. 275. APPLICATION.

    `This subtitle shall apply to the retail sale of a covered commodity beginning on the date that is 180 days after the date of the enactment of this subtitle.'.