S.Amdt. 1791

1. Adds SEC. 7__. COUNTRY OF ORIGIN LABELING FOR FISH on page 173, line 24

   Adds a sectionPrinted page

   Inserted: SEC. 7__. COUNTRY OF ORIGIN LABELING FOR FISH.

   Inserted: The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended--

   Inserted: (1) in section 281 (7 U.S.C. 1638)--

   Inserted: (A) in paragraph (2)(A)--

   Inserted: (i) by striking clauses (iii) and (iv); and

   Inserted: (ii) by redesignating clauses (v) and (vi) as clauses (iii) and (iv), respectively;

   Inserted: (B) by striking paragraphs (3) and (9); and

   Inserted: (C) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively;

   Inserted: (2) in section 282(a) (7 U.S.C. 1638a(a))--

   Inserted: (A) in paragraph (2)--

   Inserted: (i) in subparagraph (B), by inserting "and" after the semi-colon;

   Inserted: (ii) by striking subparagraphs (C) and (D); and

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   Inserted: (iii) by redesignating subparagraph (E) as subparagraph (C); and

   Inserted: (B) by striking paragraph (3);

   Inserted: (3) in section 285 (7 U.S.C. 1638d), by striking "2006" and all that follows and inserting "2006."; and

   Inserted: (4) by adding at the end the following:

   Inserted: "Subtitle E--Country of Origin Labeling for Fish "SEC. 291. DEFINITIONS.

   Inserted: "In this subtitle:

   Inserted: "(1) Fish.--

   Inserted: "(A) In general.--The term 'fish' means all fish and shellfish, including--

   Inserted: "(i) fresh or frozen fillets, steaks, nuggets, and any other flesh from fish or shellfish; and

   Inserted: "(ii) fish that have been canned, smoked, cured, or salted.

   Inserted: "(B) Exclusions.--The term 'fish' does not include--

   Inserted: "(i) seafood that has been processed; or

   Inserted: "(ii) canned tuna.

   Inserted: "(2) Food service establishment.--The term 'food service establishment' means a restaurant, cafeteria, deli, lunch room, food stand, catering business, saloon, salad bar, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.

   Inserted: "(3) Method of production.--

   Inserted: "(A) In general.--The term 'method of production' means whether fish is--

   Inserted: "(i) farm-raised; or

   Inserted: "(ii) wild.

   Inserted: "(B) Definitions.--In this paragraph:

   Inserted: "(i) Farm-raised.--The term 'farm-raised' means fish that are reared and harvested in an aquaculture facility (including a netpen aquaculture facility).

   Inserted: "(ii) Wild.--The term 'wild' means fish (whether hatched naturally or artificially) that spend the majority of their lives, and are harvested, in the wild.

   Inserted: "(4) Place of origin.--The term 'place of origin' means--

   Inserted: "(A) the country from which a fish derives; or

   Inserted: "(B) in accordance with section 292(d)(2), the State or region from which a fish derives.

   Inserted: "(5) Processed.--The term 'processed', with respect to a retail item derived from fish, means that the item--

   Inserted: "(A) has undergone specific processing, such as cooking, resulting in a change in the character of the fish; or

   Inserted: "(B) has been combined with at least 1 other substantive food component.

   Inserted: "(6) Retailer.--

   Inserted: "(A) In general.--The term 'retailer' means--

   Inserted: "(i) a retailer (as defined in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b))); or

   Inserted: "(ii) a business the annual sales of fish of which account for at least 50 percent of the total annual sales of the business.

   Inserted: "(B) Exclusion.--The term 'retailer' does not include any person engaged in the business of selling fish through a food service establishment, including a food service establishment operated by a retailer.

   Inserted: "(7) Secretary.--The term 'Secretary' means the Secretary of Agriculture, acting through the Agricultural Marketing Service.

   Inserted: "(8) Supplier.--The term 'supplier' means any person engaged in the business of producing, buying, or selling fish that are ultimately offered for sale by a retailer.

   Inserted: "SEC. 292. NOTICE OF PLACE OF ORIGIN AND METHOD OF PRODUCTION.

   Inserted: "(a) In General.--In accordance with regulations promulgated by the Secretary under section 294(a)--

   Inserted: "(1) a supplier of fish that will be sold or transferred to a consumer by a retailer shall provide to each subsequent buyer (including a retailer) a statement describing the place of origin and method of production of the fish (including repackaged or further processed fish), along with any other information required under subsection (c); and

   Inserted: "(2) a retailer of fish shall inform consumers of the place of origin and method of production of fish based on the information provided by the supplier under paragraph (1).

   Inserted: "(b) Supplier as Purchaser.--A supplier that obtains fish that is not accompanied by a statement required under subsection (a)(1) shall provide such a statement to a buyer of any fish that will be sold or transferred to a consumer by a retailer.

   Inserted: "(c) Labeling Requirements.--

   Inserted: "(1) Responsibility of supplier.--

   Inserted: "(A) In general.--A statement of a supplier under subsection (a)(1) shall be prepared in accordance with this paragraph.

   Inserted: "(B) Consumer-sized packages.--With respect to fish transferred to a retailer for sale to consumers in consumer-sized packages (including cans and bags)--

   Inserted: "(i) the place of origin and method of production of the fish shall be indicated on the label affixed to the product by the supplier; and

   Inserted: "(ii) any information required under paragraph (2) that does not appear on a label under clause (i) shall be indicated on a label or labeling that is affixed to, or otherwise accompanies, the bulk container in which the consumer-sized package is shipped.

   Inserted: "(C) Bulk transfers.--With respect to fish transferred to a retailer in bulk, the information required under paragraph (2) shall be indicated on a label or labeling that is affixed to, or otherwise accompanies, the bulk container.

   Inserted: "(2) Label information.--The information required under paragraph (1) shall include, with respect to the fish being shipped under the label--

   Inserted: "(A) the common name and scientific name for the species of fish;

   Inserted: "(B) the place of origin of the fish, as determined under subsection (d);

   Inserted: "(C) the method of production of the fish;

   Inserted: "(D) the name, address, and telephone number of the supplier that provided the statement required under subsection (b); and

   Inserted: "(E) any other information that the Secretary determines to be necessary.

   Inserted: "(3) Label as guarantee.--For purposes of section 293(e), a label under paragraph (1) shall be considered to be a guaranty.

   Inserted: "(d) Place of Origin.--

   Inserted: "(1) United states country of origin.--Fish may be designated as having a United States country of origin only if--

   Inserted: "(A) in the case of farm-raised fish, the fish are hatched, raised, harvested, and processed in the United States; and

   Inserted: "(B) in the case of wild fish, the fish are--

   Inserted: "(i) harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States; and

   Inserted: "(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States.

   Inserted: "(2) State or region of origin.--Fish that meet the requirements of paragraph (1) for United States country of origin designation may be identified by the State or region of origin in lieu of the country of origin, under such regulations as the Secretary may promulgate.

   Inserted: "(3) Non-united states country of origin.--Fish that do not meet the requirements of paragraph (1) for United States country of origin designation shall be designated as originating in the country--

   Inserted: "(A) in the waters of which the fish were caught; or

   Inserted: "(B) if the national designation of the waters is unknown or if the waters are designated as international, in which the vessel that caught the fish was flagged.

   Inserted: "(4) Origin of commingled fish.--Fish that are derived from 2 or more countries shall be designated as having originated in each source country, listed alphabetically, without regard to proportional quantities of fish from each country.

   Inserted: "(e) Method of Notification.--

   Inserted: "(1) In general.--The information required under subsection (a)(2) may be provided to consumers by means of a label, stamp, mark, placard, or other conspicuous, clear, and visible sign on the package, display, holding unit, or bin containing the fish.

   Inserted: "(2) Labeled by supplier.--

   Inserted: "(A) In general.--If the fish are individually labeled for retail sale by the supplier in a manner that meets the requirements of paragraph (1), the retailer shall not be required to provide any additional information to comply with this section.

   Inserted: "(B) Guaranty.--A statement of the place of origin and method of production that appears on a label described in subparagraph (A) shall be considered to be a supplier guaranty of the place of origin and method of production of the fish.

   Inserted: "(f) Audit Verification System.--

   Inserted: "(1) In general.--To the maximum extent practicable, the Secretary shall permit existing records to be used to substantiate the place of origin and method of production of the fish.

   Inserted: "(2) Mandatory identification.--The Secretary shall not use a mandatory identification system, including a lot code tracking system, to track or verify the place of origin or method of production of fish.

   Inserted: "(3) Supplier records.--

   Inserted: "(A) In general.--A supplier that provides a statement under subsection (b) shall keep records to document the place of origin and method of production of the fish for such a period as the Secretary determines to be reasonable to ensure that the records will be available until the fish is sold or otherwise transferred to a consumer.

   Inserted: "(B) Other suppliers.--A supplier that is not responsible for providing a statement under subsection (b) shall keep records sufficient to identify the previous supplier of the fish.

   Inserted: "(4) Retailer records.--A retailer shall retain any label or labeling received under subsection (c) until the fish that is the subject of the label is sold or otherwise transferred to a consumer.

   Inserted: "(5) Guaranty.--A guaranty provided in accordance with section 293(e) that is received from the immediate supplier of a retailer or a supplier shall be a record sufficient to document the place of origin and method of production of fish.

   Inserted: "SEC. 293. ENFORCEMENT.

   Inserted: "(a) Warnings.--If the Secretary determines that a supplier or retailer is in violation of section 292, the Secretary shall--

   Inserted: "(1) notify the supplier or retailer of the determination of the Secretary; and

   Inserted: "(2) provide the supplier or retailer a 30-day period, beginning on the date on which notice is received under paragraph (1) from the Secretary, during which the supplier or retailer may take necessary steps to comply with section 292.

   Inserted: "(b) Fines.--If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or supplier has knowingly and willfully violated section 292, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the supplier or retailer in an amount of not more than $1,000 for each violation.

   Inserted: "(c) Memorandum of Agreement.--

   Inserted: "(1) In general.--The Secretary may execute a memorandum of agreement with any appropriate State agency, as determined by the Secretary, to assist in the administration of this subtitle.

   Inserted: "(2) Procedures.--A memorandum of agreement under paragraph (1) shall describe any procedure a State agency shall follow to assist in the administration of this subtitle.

   Inserted: "(3) Enforcement actions.--Notwithstanding paragraphs (1) and (2), only the Secretary may bring an enforcement action under this subtitle.

   Inserted: "(d) No Other Laws.--A violation of this subtitle shall not be considered to be a violation of any other Federal law, including the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

   Inserted: "(e) Guaranty.--

   Inserted: "(1) In general.--A retailer or supplier shall not be in violation of, or subject to penalties under, this subtitle if the retailer or supplier provides a guaranty of the place of origin and method of production of the fish that is signed by and contains the name and address of the person from which the retailer or supplier received the fish.

   Inserted: "(2) False guaranty.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), the provision of a guaranty that is false shall be a violation of this subtitle.

   Inserted: "(B) Reliance.--The provision of a false guaranty shall not be a violation if the retailer or supplier providing the false guaranty relied upon a guaranty to the same effect signed by and containing the name and address of the person from which the retailer or supplier received the fish.

   Inserted: "(f) Knowledge of Violation Required.--No person shall be held liable for a violation of this subtitle by reason of the conduct of another if the person did not have actual knowledge of the violation.

   Inserted: "SEC. 294. IMPLEMENTATION.

   Inserted: "(a) Regulations.--Not later than April 1, 2006, the Secretary shall promulgate such regulations as are necessary to implement this subtitle.

   Inserted: "(b) Preemption.--This subtitle preempts any State labeling requirement that requires a supplier or retailer to provide place of origin or method of production information for fish.

   Inserted: "(c) Effective Date.--Regulations promulgated under subsection (a) take effect on the date that is 180 days after the date of promulgation of the regulations.".

   Original wording

   On page 173, after line 24, insert the following:

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As printed