O:\WENWEI08441.xml [file 12 of 16] S.L.C.

471

SEC. 11002, COUNTRY OF ORIGIN LABELING.
Subtitle D of the icultural Marketing Act of 1946 (7 U.S.C.
1638 et seq.) is amended—
(1) in section 281(2)(A)—

(A) in clause (v), by striking “and”;

(B) in clause (vi), by striking the period at the end and
inserting “; and”; and

(C) by adding at the end the following:

“(vii) meat produced from goats;

“(viii) chicken, in whole and in part;

“(ix) ginseng;

“(x) pecans; and

“(xi) macadamia nuts.”;

(2) in section 282—

(A) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following:

“(2) DESIGNATION OF COUNTRY OF ORIGIN FOR BEEF, LAMB,
PORK, CHICKEN, AND GOAT MEAT.—

“(A) UNITED STATES COUNTRY OF ORIGIN.—A retailer of
a covered commodity that is beef, lamb, pork, chicken, or
goat meat may designate the covered commodity as exclu-
sively having a United States country of origin only if the
covered commodity is derived from an animal that was—

“(i) exclusively born, raised, and slaughtered in the
United States;

“(ii) born and raised in Alaska or Hawaii and
transported for a period of not more than 60 days
through Canada to the United States and slaughtered
in the United States; or

“(iii) present in the United States on or before July
15, 2008, and once present in the United States, re-
mained continuously in the United States.

“(B) MULTIPLE COUNTRIES OF ORIGIN.—

“(i) IN GENERAL.—A retailer of a covered com-
modity that is beef, lamb, pork, chicken, or goat meat
that is derived from an animal that is—

“() not exclusively born, raised, and slaugh-
tered in the United States,
“(I1) born, raised, or slaughtered in the United

States, and

“(IID not imported into the United States for
immediate slaughter,

may designate the country of origin of such covered

commodity as all of the countries in which the animal

may have been born, raised, or slaughtered.

“(ii) RELATION TO GENERAL REQUIREMENT.—Noth-
ing in this subparagraph alters the mandatory require-
ment to inform consumers of the country of origin of
covered commodities under paragraph (1).

“(C) IMPORTED FOR IMMEDIATE SLAUGHTER.—A retailer
of a covered commodity that is beef, lamb, pork, chicken, or
goat meat that is derived from an animal that is imported
into the United States for immediate slaughter haw deo-
ignate the origin of such covered commodity as—


OAWENWEI08441.xml [file 12 of 16] S.L.C.

472

“() the country from which the animal was im-
ported; and
“(ti) the United States.

“(D) FOREIGN COUNTRY OF ORIGIN.—A retailer of a cov-
ered commodity that is beef, lamb, pork, chicken, or goat
meat that is derived from an animal that is not born,
raised, or slaughtered in the United States shall designate
a country other than the United States as the country of or-
igin of such commodity.

“(E) GROUND BEEF, PORK, LAMB, CHICKEN, AND GOAT.—
The notice of country of origin for ground beef, ground
pore, und lamb, ground chicken, or ground goat shall
inci —

“@) a list of all countries of origin of such ground
beef, ground pork, ground lamb, ground chicken, or
ground goat; or

“(ii) a list of all reasonably possible countries of or-
igin of such ground beef, ground pork, ground lamb,
ground chicken, or ground goat.

“(3) DESIGNATION OF COUNTRY OF ORIGIN FOR FISH.—

“(A) IN GENERAL.—A retailer of a covered commodity
that is farm-raised jew or wild fish may designate the cov-
ered commodity as having a United States country of origin
only if the covered commodity—

“(i) in the case of farm-raised fish, is hatched,
raised, harvested, and processed in the United States;

“(ti) in the case of wild fish, is—

“(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

“(I1) processed in the United States, a territory
of the United States, or a State, including the wa-
ters thereof, or aboard a vessel that is documented
under chapter 121 of title 46, United States Code,
or registered in the United States.

“(B) DESIGNATION OF WILD FISH AND FARM-RAISED
FISH.—The notice of country of origin for wild fish and
farm-raised fish shall distinguish between wild fish and
farm-raised fish.

“(4) DESIGNATION OF COUNTRY OF ORIGIN FOR PERISHABLE
AGRICULTURAL COMMODITIES, GINSENG, PEANUTS, PECANS, AND
MACADAMIA NUTS.—

“(A) IN GENERAL.—A retailer of a covered commodity
that is a perishable agricultural commodity, ginseng, pea-
nut, pecan, or macadamia nut may designate the covered
commodity as having a United States country of origin only

if the covered commodity is exclusively produced in the
nited States.

“(B) STATE, REGION, LOCALITY OF THE UNITED
STATES.—With respect to a covered commodity that is a
perishable agricultural commodity, ginseng, peanut, pecan,
or macadamia nut produced exclusively in the United


O:AWEIWEI08441.xml [file 12 of 16] S.L.C.

473

States, designation by a retailer of the State, region, or lo-
cality of the United States where such commodity was pro-
duced shall be sufficient to identify the United States as the
country of origin.”; and

(B) by striking subsection (d) and inserting the fol-

lowing:

“(d) AUDIT VERIFICATION SYSTEM.—

“(1) IN GENERAL.—The Secretary may conduct an audit of
any person that prepares, stores, handles, or distributes a cov-
ered cornogy for retail sale to verify compliance with this
Soa (including the regulations promulgated under section

“(2) RECORD REQUIREMENTS.—

“(A) IN GENERAL.—A person subject to an audit under
paragraph (1) shall provide the Secretary with verification
of the country of origin of covered commodities. Records
maintained in the course of the normal conduct of the busi-
ness of such person, including animal health papers, im-
port or customs documents, or producer affidavits, may
serve as such verification.

“(B) PROHIBITION ON REQUIREMENT OF ADDITIONAL
RECORDS.—The Secretary may not require a person that
prepares, stores, handles, or distributes a covered com-
modity to maintain a record of the country of origin of a
covered commodity other than those matnicined in the
course of the normal conduct of the business of such per-
son.”; and
(3) in section 283—

(A) by striking subsections (a) and (c);

(B) by redesignating subsection (b) as subsection (a);

(C) in subsection (a) (as so redesignated), by striking
“retailer” and inserting “retailer or person engaged in the
busthess of supplying a covered commodity to a retailer”;
an

(D) 2 adding at the end the following new subsection:

“(b) Fines.—If, on completion of the 30-day period described in
subsection (a)(2), the Secretary determines that the retailer or per-
son engaged in the business of supplying a covered commodity to a
retailer has—

om “(1) not made a good faith effort to comply with section

,
“(2) continues to se violate section 282 with respect to
the violation about which the retailer or person received notifi-
cation under subsection (a)(1),

after providing notice and an opportunity for a hearing before the
Secretary with respect to the violation, the Secretary may fine the
retailer or person in an amount of not more than $1,000 for each
violation.”

SEC. 11003. (AGRICULTURAL FAIR PRACTICES ACT OF 1967 DEFINI-

Section 3 of the icultural Fair Practices Act of 1967 (7
U.S.C. 2302) is amended—
DM by striking “When used in this Act—” and inserting “In
this Act:”;
(2) in subsection (a)—