II
110th CONGRESS
1st Session
S. 1953
IN THE SENATE OF THE UNITED STATES
August 2, 2007
Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Agricultural Manufacturing Act of 1946 to require labeling of raw agricultural forms of ginseng, including the country of harvest, and for other purposes.
Short title
This Act may be cited as the
Ginseng Harvest Labeling Act of
2007
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Disclosure of country of harvest for ginseng
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
Ginseng
Disclosure of country of harvest
Definitions
In this section:
Ginseng
The term ginseng means an herb or herbal ingredient that is derived from a plant classified within the genus Panax.
Raw agricultural commodity
The term raw agricultural commodity has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
Secretary
The term Secretary means the Secretary of Agriculture.
Disclosure
In general
A person that offers ginseng for sale as a raw agricultural commodity shall disclose to a potential purchaser the country of harvest of the ginseng.
Importation
A person that imports ginseng as a raw agricultural commodity into the United States shall disclose at the point of entry into the United States, in accordance with section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), the country in which the ginseng was harvested.
Manner of disclosure
In general
The disclosure required by subsection (b) shall be provided to a potential purchaser by means of a label, stamp, mark, placard, or other easily legible and visible sign on the ginseng or on the package, display, holding unit, or bin containing the ginseng.
Retailers
A retailer of ginseng as a raw agricultural commodity shall—
retain the means of disclosure provided under subsection (b); and
provide the received means of disclosure to a retail purchaser of the ginseng.
Regulations
The Secretary shall by regulation prescribe with specificity the manner in which disclosure shall be made in a transaction at the wholesale or retail level (including a transaction by mail, telephone, internet, or in retail stores).
Failure To disclose
The Secretary may impose on a person that fails to comply with subsection (b) a civil penalty in an amount of not more than—
$1,000 for the first day on which the failure to disclose occurs; and
$250 for each subsequent day on which the failure to disclose continues.
Information
The Secretary shall make information available to wholesalers, importers, retailers, trade associations, and other interested persons concerning the requirements of this section (including regulations promulgated to carry out this section).
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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.