To amend the Agricultural Marketing Act of 1946 to establish a voluntary program for the provision of country of origin information with respect to certain agricultural products, and for other purposes.

Summary: Food Promotion Act of 2004 - Amends the Agricultural Marketing of 1946 to replace current mandatory country of origin labeling requirements with voluntary country of origin labeling programs for: (1) meat and meat products; (2) wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and related products; and (3) perishable agricultural commodities.

Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Promotion Act of 2004''.

SEC. 2. REPLACEMENT OF MANDATORY COUNTRY OF ORIGIN LABELING WITH 
              VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING.

    Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1638-1638d) is amended to read as follows:

``SEC. 281. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR CERTAIN 
              MEAT PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) The term `beef' means meat produced from cattle 
        (including veal).
            ``(2) The term `covered meat product' means ground beef, 
        ground pork, and ground lamb, and raw unprocessed muscle cuts 
        of beef, pork and lamb.
            ``(3) The term `lamb' means meat produced from sheep.
            ``(4) The term `pork' means meat produced from hogs.
    ``(b) Country of Origin Labeling.--The Secretary of Agriculture 
shall establish a voluntary program of country of origin labeling for 
covered meat products.
    ``(c) Label.--In the program established under subsection (b), the 
Secretary shall--
            ``(1) create a label to be used to designate the country of 
        origin of covered meat products; and
            ``(2) require persons participating in the program to use 
        the label created under paragraph (1), or such other label as 
        the Secretary determines appropriate, to designate the country 
        of origin of covered meat products.
    ``(d) Limitation on Use of United States Country of Origin Label.--
A person participating in the program established under subsection (b) 
may not designate a covered meat product as having a United States 
country of origin unless the covered meat product is derived 
exclusively from--
            ``(1) an animal born, raised, and slaughtered in the United 
        States; or
            ``(2) an animal born and raised in Alaska or Hawaii, 
        transported for a period not to exceed 60 days outside of those 
        States, and slaughtered in the United States.

``SEC. 282. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR FISH 
              PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) The term `farm-raised fish' means all fish that are 
        not wild fish. The term includes net-pen, aquacultural, and 
        other farm-raised fish.
            ``(2) The term `farm-raised shellfish' means all shellfish 
        that are not wild shellfish. The term includes net-pen, 
        aquacultural, and other farm-raised fish.
            ``(3) The term `wild fish' means naturally-born or 
        hatchery-raised fish harvested in the wild.
            ``(4) The term `wild shellfish' means naturally-born or 
        hatchery-raised shellfish harvested in the wild.
    ``(b) Country of Origin Labeling.--The Secretary of Agriculture 
shall establish a voluntary program of country of origin labeling for 
wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and 
products thereof.
    ``(c) Label.--In the program established under subsection (b), the 
Secretary shall--
            ``(1) create a label to be used to designate the country of 
        origin of wild fish, wild shellfish, farm-raised fish, farm-
        raised shellfish, and products thereof; and
            ``(2) require persons participating in the program to use 
        the label created under paragraph (1), or such other label as 
        the Secretary determines appropriate, to designate the country 
        of origin of wild fish, wild shellfish, farm-raised fish, farm-
        raised shellfish, and products thereof.
    ``(d) Limitation on Use of United States Country of Origin Label.--
A person participating in the program established under subsection (b) 
may not designate wild fish, wild shellfish, farm-raised fish, farm-
raised shellfish, or products thereof as having a United States country 
of origin unless--
            ``(1) in the case of wild fish or wild shellfish (or a 
        product thereof), the wild fish or wild shellfish is harvested 
        in the waters of the United States or by a United States vessel 
        on the high seas; or
            ``(2) in the case of farm-raised fish or farm-raised 
        shellfish (or a product thereof), the farm-raised fish or farm-
        raised shellfish is raised and harvested in the United States.

``SEC. 283. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR 
              PERISHABLE AGRICULTURAL COMMODITIES.

    ``(a) Definition.--In this section the term `perishable 
agricultural commodity'--
            ``(1) means fresh fruits and vegetables of every kind and 
        character, except frozen fruits and vegetables; and
            ``(2) includes cherries packed in brine as defined by the 
        Secretary in accordance with trade usages.
    ``(b) Country of Origin Labeling.--The Secretary of Agriculture 
shall establish a voluntary program of country of origin labeling for 
perishable agricultural commodities.
    ``(c) Label.--In the program established under subsection (b), the 
Secretary shall--
            ``(1) create a label to be used to designate the country of 
        origin of perishable agricultural commodities; and
            ``(2) require persons participating in the program to use 
        the label created under paragraph (1), or such other label as 
        the Secretary determines appropriate, to designate the country 
        of origin of perishable agricultural commodities.
    ``(d) Limitation on Use of United States Country of Origin Label.--
A person participating in the program established under subsection (b) 
may not designate a perishable agricultural commodity as having a 
United States country of origin unless the perishable agricultural 
commodity is exclusively grown in the United States.
    ``(e) Survey of Country of Origin Labeling; Purpose.--
            ``(1) Definition.--In this subsection, the term `label' 
        means a method to provide information to consumers by means of 
        a stamp, mark, placard, or other clear and visible sign 
        (including printed packaging, cello wraps, twist ties, brand 
        tags, bands, stickers, or other identifiers) affixed to or 
        placed directly on a perishable agricultural commodity or on 
        the display, holding unit, or bin containing the commodity at 
        the final point of sale.
            ``(2) Survey required; intervals.--Subject to subsection 
        (f)(2)(C), during the 12-month period beginning on the date of 
        the enactment of the Food Promotion Act of 2004, and every two 
        years thereafter, the Secretary shall conduct, using existing 
        resources, a national survey--
                    ``(A) to estimate the types and quantities of 
                perishable agricultural commodities sold in the United 
                States that are labeled with respect to country of 
                origin;
                    ``(B) to measure the extent of the voluntary 
                efforts of the perishable agricultural commodity 
                industry to provide country of origin information to 
                consumers, including the overall percentage of 
                perishable agricultural commodities that bear labels 
                with country of origin information;
                    ``(C) to determine methods by which country of 
                origin information is provided with regard to 
                perishable agricultural commodities sold in the United 
                States;
                    ``(D) to estimate the types of quantities of 
                perishable agricultural commodities sold in the United 
                States that are labeled, but for which no country of 
                origin information is provided;
                    ``(E) to estimate the types of quantities of 
                perishable agricultural commodities sold in the United 
                States that are not labeled;
                    ``(F) to estimate the extent of participation in 
                the voluntary program established under subsection (b); 
                and
                    ``(G) to determine whether consumers can reasonably 
                ascertain the country of origin of a substantial 
                majority of perishable agricultural commodities for 
                sale.
            ``(3) Location of survey.--The survey may be conducted at 
        retail stores and other locations selected by the Secretary.
            ``(4) Special considerations.--For the purposes of 
        conducting the survey, the Secretary shall consider--
                    ``(A) bulk displays containing covered perishable 
                agricultural commodities from more than one country to 
                be labeled with country of origin information if a 
                majority of the perishable agricultural commodities 
                therein bear country of origin labels; and
                    ``(B) label information regarding a State, region, 
                or locality of the United States as information 
                sufficient to identify the United States as the country 
                of origin.
    ``(f) Use and Availability of Survey Results.--
            ``(1) Report to congress.--The Secretary shall submit to 
        the Committee on Agriculture of the House of Representatives 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate a report containing the results of each survey 
        conducted under subsection (e).
            ``(2) Subsequent surveys.--
                    ``(A) Determination of consumer awareness.--In 
                other than the first survey conducted under subsection 
                (e), if the Secretary makes a determination that 
                consumers cannot reasonably ascertain the country of 
                origin of a substantial majority of perishable 
                agricultural commodities, the Secretary shall include 
                in the report submitted under paragraph (1) with 
                respect to that survey--
                            ``(i) specific action steps that would 
                        provide the perishable agricultural commodity 
                        distribution chain with incentives to increase 
                        country of origin labeling levels; and
                            ``(ii) proposed guidelines that would 
                        increase the use of country of origin 
                        identification labels.
                    ``(B) Effect of failure to ascertain country of 
                origin.--If the Secretary makes the determination that 
                consumers cannot reasonably ascertain the country of 
                origin of a substantial majority of perishable 
                agricultural commodities in two consecutive surveys 
                conducted under subsection (e), the Secretary shall 
                include in the report submitted under paragraph (1) 
                with respect to the second of the two surveys such 
                recommendations as the Secretary determines appropriate 
                regarding ways to increase labeling to achieve that 
                goal.
                    ``(C) Effect of ability to ascertain country of 
                origin.--If the Secretary makes the determination that 
                consumers can reasonably ascertain the country of 
                origin of a substantial majority of perishable 
                agricultural commodities in two consecutive surveys 
                conducted under subsection (e), the Secretary shall no 
                longer be required to conduct surveys under such 
                subsection.
            ``(3) Public availability.--The Secretary shall make the 
        results of each survey conducted under subsection (e) available 
        to the perishable agricultural commodity industry and the 
        public.

``SEC. 284. VERIFICATION.

    ``The Secretary of Agriculture may require participants in a 
program of country of origin labeling under section 281, 282, or 283 to 
maintain a verifiable recordkeeping audit trail that will permit the 
Secretary to verify compliance with the program.

``SEC. 285. ENFORCEMENT.

    ``(a) Civil Penalty.--
            ``(1) Assessment.--The Secretary of Agriculture may assess 
        a civil penalty against a participant in a program of country 
        of origin labeling under section 281, 282, or 283 that 
        purposely or knowingly violates the terms of the program.
            ``(2) Amount of penalty.--The amount of the civil penalty 
        assessed under paragraph (1) may not exceed $10,000 for each 
        violation.
            ``(3) Continuing violation.--Each day during which a 
        violation continues shall be considered to be a separate 
        violation.
    ``(b) Notice and Hearing.--The Secretary may not assess a penalty 
under subsection (a) against a person unless the person is given notice 
and an opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, with respect to the violation.''.