Ginseng Harvest Labeling Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4456 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 4456

To require labeling of raw agricultural forms of ginseng, including the
country of harvest.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 20, 2004

Mr. Obey introduced the following bill; which was referred to the
Committee on Agriculture

_______________________________________________________________________

A BILL

To require labeling of raw agricultural forms of ginseng, including the
country of harvest.

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 ``Ginseng Harvest Labeling Act of
2004''.

SEC. 2. DISCLOSURE OF COUNTRY OF HARVEST.

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

``Subtitle E--Ginseng

``SEC. DISCLOSURE OF COUNTRY OF HARVEST.

``(a) Definition of Ginseng.--In this section, the term `ginseng'
means an herb or herbal ingredient that--
``(1) is derived from a plant classified within the genus
Panax; and
``(2) is offered for sale as a raw agricultural commodity
in any form intended to be used in or as a food or dietary
supplement under the name of `ginseng'.
``(b) Disclosure.--
``(1) In general.--A person that offers ginseng for sale as
a raw agricultural commodity shall disclose to potential
purchasers the country of harvest of the ginseng.
``(2) Importation.--A person that imports ginseng into the
United States shall disclose the country of harvest of the
ginseng at the point of entry of the United States, in
accordance with section 304 of the Tariff Act of 1930 (19
U.S.C. 1304).
``(c) Manner of Disclosure.--
``(1) In general.--The disclosure required by subsection
(b) shall be provided to potential purchasers by means of a
label, stamp, mark, placard, or other clear and visible sign on
the ginseng or on the package, display, holding unit, or bin
containing the ginseng.
``(2) Retailers.--A retailer of ginseng shall--
``(A) retain disclosure provided under subsection
(b); and
``(B) provide disclosure to a retail purchaser of
the raw agricultural commodity.
``(3) Regulations.--The Secretary of Agriculture shall by
regulation prescribe with specificity the manner in which
disclosure shall be made in transactions at wholesale or retail
(including transactions by mail, telephone, or Internet or in
retail stores).
``(d) Failure to Disclose.--The Secretary of Agriculture may impose
on a person that fails to comply with subsection (b) a civil penalty of
not more than--
``(1) $1,000 for the first day on which the failure to
disclose occurs; and
``(2) $250 for each day on which the failure to disclose
continues.''.

SEC. 3. EFFECTIVE DATE.

This Act and the amendments made by this Act take effect on the
date that is 180 days after the date of enactment of this Act.
<all>