I 

108TH CONGRESS 

2D SESSION H. R. 3993

To amend the Agricultural Marketing Act of 1946, as recently amended 

by the Agriculture, Rural Development, Food and Drug Administration, 

and Related Agencies Appropriations Act, 2004, to expedite the implementation of the country of origin labeling requirements of such Act, 

to impose certain recordkeeping requirements on retailers subject to 

such Act, to clarify the authority to impose civil penalties under such 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2004

Mrs. BONO (for herself and Ms. HOOLEY of Oregon) introduced the following 

bill; which was referred to the Committee on Agriculture 

A BILL

To amend the Agricultural Marketing Act of 1946, as recently amended by the Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies 

Appropriations Act, 2004, to expedite the implementation 

of the country of origin labeling requirements of such 

Act, to impose certain recordkeeping requirements on 

retailers subject to such Act, to clarify the authority 

to impose civil penalties under such Act, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Country-of-Origin La3 beling Enhancement Act of 2004’’. 

4 SEC. 2. EXPEDITED IMPLEMENTATION OF COUNTRY OF OR5 IGIN LABELING REQUIREMENTS. 

6 Section 285 of the Agricultural Marketing Act of 

7 1946 (7 U.S.C. 1638d), as amended by section 749 of the 

8 Agriculture, Rural Development, Food and Drug Adminis9 tration, and Related Agencies Appropriations Act, 2004 

10 (division A of Public Law 108–199; 118 Stat. 37), is 

11 amended by striking ‘‘September 30, 2006, except for 

12 ‘farm-raised fish’ and ‘wild fish’ which shall be September 

13 30, 2004’’ and inserting ‘‘September 30, 2004’’. 

14 SEC. 3. MAINTENANCE OF RECORDS AND ANIMAL IDENTI15 FICATION. 

16 Section 282 of the Agricultural Marketing Act of 

17 1946 (7 U.S.C. 1638a) is amended—

18 (1) in subsection (e), by adding at the end the 

19 following new sentence: ‘‘A retailer shall maintain 

20 records of country of origin information for not less 

21 than 180 days at a location selected by the re22 tailer.’’; and 

23 (2) in subsection (f), by striking paragraph (1) 

24 and inserting the following new paragraph: 

25 ‘‘(1) NATIONAL ANIMAL IDENTIFICATION SYS26 TEM.—After the implementation of a national ani-
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1 mal identification system, the Secretary shall use in2 formation collected under that system to augment 

3 verification under this section.’’. 

4 SEC. 4. ENFORCEMENT AUTHORITY. 

5 Section 283 of the Agricultural Marketing Act of 

6 1946 (7 U.S.C. 1638b) is amended by striking subsection 

7 (c) and inserting the following new subsection: 

8 ‘‘(c) CIVIL MONEY PENALTIES.—If, on completion of 

9 the 30-day period described in subsection (b)(2) with re10 spect to a retailer, the Secretary determines, after pro11 viding notice and an opportunity for a hearing, that the 

12 retailer knowingly violated section 282, the Secretary shall 

13 impose on the retailer a civil money penalty with respect 

14 to the violation. The amount of the civil money penalty 

15 for a violation may not exceed the product obtained by 

16 multiplying—

17 ‘‘(1) 5 percent of the average monthly retail 

18 price (as determined by the Secretary) of the com19 modity that is not labeled in accordance with this 

20 subtitle; by 

21 ‘‘(2) the quantity of the commodity that is not 

22 labeled in accordance with this subtitle.’’.

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