351
drought, fire, freeze, flood, earthquake, and other
occurrences, as determined by the Secretary.
(3) TREE.—The term ‘‘tree’’ includes trees,
bushes, and vines.
Subtitle B—Other Matters
SEC. 921. HAZARDOUS FUEL REDUCTION GRANTS TO PRE-
VENT WILDFIRE DISASTERS AND TRANS-
FORM HAZARDOUS FUELS TO ELECTRIC EN-
ERGY, USEFUL HEAT, OR TRANSPORTATION
FUELS.
(a) FINDINGS.—Congress finds the following:
(1) The damages caused by wildfire disasters
have been equivalent in magnitude to the damage re-
sulting from the Northridge earthquake, Hurricane
Andrew, and the recent flooding of the Mississippi
River and the Red River.
(2) More than 20,000 communities in the
United States are at risk to wildfire and approxi-
mately 11,000 of these communities are located near
Federal lands. More than 72,000,000 acres of Na-
tional Forest System lands and 57,000,000 acres of
lands managed by the Secretary of the Interior are
at risk of catastrophic fire in the near future. The
accumulation of heavy forest fuel loads continues to
increase as a result of disease, insect infestations,
352
and drought, further raising the risk of fire each
year.
(3) Modification of forest fuel load conditions
through the removal of hazardous fuels will minimize
catastrophic damage from wildfires, reducing the
need for emergency funding to respond to wildfires
and protecting lives, communities, watersheds, and
wildlife habitat.
(4) The hazardous fuels removed from forest
lands represent an abundant renewable resource as
well as a significant supply of biomass for biomass-
to-energy facilities.
(b) HAZARDOUS FUELS TO ENERGY GRANT PRO-
GRAM.—The Secretary concerned may make a grant to a
person that operates a biomass-to-energy facility to offset
the costs incurred to purchase hazardous fuels from forest
lands for use by the facility in the production of electric
energy, useful heat, or transportation fuels. The Secretary
concerned shall select grant recipients on the basis of their
planned purchases of hazardous fuels and the level of an-
ticipated benefits to reduced wildfire risk.
(c) GRANT AMOUNTS.—A grant under this section
shall be equal to at least $5 per ton of hazardous fuels
delivered, but not to exceed $10 per ton of hazardous fuels
353
delivered, based on the distance of the hazardous fuels
from the biomass-to-energy facility.
(d) MONITORING
OF GRANT RECIPIENT ACTIVI-
TIES.—As a condition on a grant under this section, the
grant recipient shall keep such records as the Secretary
concerned may require to fully and correctly disclose the
use of the grant funds and all transactions involved in the
purchase of hazardous fuels derived from forest lands.
Upon notice by a duly authorized representative of the
Secretary concerned, the operator of a biomass-to-energy
facility that purchases or uses the resulting hazardous
fuels shall afford the representative reasonable access to
the facility and an opportunity to examine the inventory
and records of the facility.
(e) MONITORING OF EFFECT OF TREATMENTS.—The
Secretary concerned shall monitor Federal lands from
which hazardous fuels are removed and sold to a biomass-
to-energy facility to determine and document the reduction
in fire hazards on such lands.
(f) DEFINITIONS.—In this section:
(1) BIOMASS-TO-ENERGY FACILITY.—The term
‘‘biomass-to-energy facility’’ means a facility that
uses forest biomass as a raw material to produce
electric energy, useful heat, or transportation fuels.
354
(2) FOREST BIOMASS.—The term ‘‘forest bio-
mass’’ means hazardous fuels and biomass accumu-
lations from precommercial thinnings, slash, and
brush on forest lands that do not satisfy the defini-
tion of hazardous fuels.
(3) HAZARDOUS FUELS.—The term ‘‘hazardous
fuels’’ means any unnaturally excessive accumulation
of organic material, particularly in areas designated
as condition class 2 or condition class 3 (as defined
in the report entitled ‘‘Protecting People and Sus-
tainable Resources in Fire-Adapted Ecosystems’’,
prepared by the Forest Service, and dated October
13, 2000), on forest lands that the Secretary con-
cerned determines poses a substantial present or po-
tential hazard to forest ecosystems, wildlife, human,
community, or firefighter safety in the case of a
wildfire, particularly a wildfire in a drought year.
(4) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture or the
designee of the Secretary of Agriculture with
respect to the National Forest System lands
and private lands; and
(B) the Secretary of the Interior or the
designee of the Secretary of the Interior with
355
respect to Federal lands under the jurisdiction
of the Secretary of the Interior and Indian
lands.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $50,000,000 for each fiscal
year to carry out this section.
SEC. 922. BIOENERGY PROGRAM.
Notwithstanding any limitations in the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.)
or part 1424 of title 7, Code of Federal Regulations, the
Commodity Credit Corporation shall designate animal
fats, agricultural byproducts, and oils as eligible agricul-
tural commodities for use in the Bioenergy Program to
promote industrial consumption of agricultural commod-
ities for the production of ethanol and biodiesel fuels.
SEC. 923. AVAILABILITY OF SECTION 32 FUNDS.
The 2d undesignated paragraph of section 32 of the
Act of August 24, 1935 (Public Law 320; 49 Stat. 774;
7 U.S.C. 612c), is amended by striking ‘‘$300,000,000’’
and inserting ‘‘$500,000,000’’.
SEC. 924. SENIORS FARMERS’ MARKET NUTRITION PRO-
GRAM.
(a) ESTABLISHMENT.—For each of the fiscal years
2002 through 2011, the Secretary of Agriculture shall use
$15,000,000 of the funds available to the Commodity
356
Credit Corporation to carry out and expand a seniors
farmers’ market nutrition program.
(b) PROGRAM PURPOSES.— The purposes of the sen-
iors farmers’ market nutrition program are—
(1) to provide resources in the form of fresh,
nutritious, unprepared, locally grown fruits, vegeta-
bles, and herbs from farmers’ markets, roadside
stands and community supported agriculture pro-
grams to low-income seniors;
(2) to increase the domestic consumption of ag-
ricultural commodities by expanding or aiding in the
expansion of domestic farmers’ markets, roadside
stands, and community supported agriculture pro-
grams; and
(3) to develop or aid in the development of new
and additional farmers’ markets, roadside stands,
and community supported agriculture programs.
(c) REGULATIONS.—The Secretary may issue such
regulations as the Secretary considers necessary to carry
out the seniors farmers’ market nutrition program.
SEC. 925. DEPARTMENT OF AGRICULTURE AUTHORITIES
REGARDING CANEBERRIES.
(a) AUTHORITY FOR MARKETING ORDER AND RE-
SEARCH AND PROMOTION ORDER.—Section 8c of the Ag-
ricultural Adjustment Act (7 U.S.C. 608c), reenacted with
358
may not pursue an administrative appeal of that decision
to the national level.’’.
SEC. 927. OUTREACH AND ASSISTANCE FOR SOCIALLY DIS-
ADVANTAGED FARMERS AND RANCHERS.
Subsection (a) of section 2501 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended to read as follows:
‘‘(a) OUTREACH AND ASSISTANCE.—
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture (in this section referred to as the ‘Secretary’)
shall provide outreach and technical assistance pro-
grams specifically to encourage and assist socially
disadvantaged farmers and ranchers to own and op-
erate farms and ranches and to participate equitably
in the full range of agricultural programs. This as-
sistance, which should enhance coordination and
make more effective the outreach, technical assist-
ance, and education efforts authorized in specific ag-
riculture programs, shall include information and as-
sistance on commodity, conservation, credit, rural,
and business development programs, application and
bidding procedures, farm and risk management,
marketing, and other essential information to par-
ticipate in agricultural and other programs of the
Department.
359
‘‘(2) GRANTS AND CONTRACTS.—The Secretary
may make grants and enter into contracts and other
agreements in the furtherance of this section with
the following entities:
‘‘(A) Any community-based organization,
network, or coalition of community-based orga-
nizations that—
‘‘(i) has demonstrated experience in
providing agricultural education or other
agriculturally related services to socially
disadvantaged farmers and ranchers;
‘‘(ii) provides documentary evidence of
its past experience of working with socially
disadvantaged farmers and ranchers dur-
ing the 2 years preceding its application
for assistance under this section; and
‘‘(iii) does not engage in activities pro-
hibited under section 501(c)(3) of the In-
ternal Revenue Code of 1986.
‘‘(B) 1890 Land-Grant Colleges, including
Tuskegee Institute, Indian tribal community
colleges and Alaska native cooperative colleges,
Hispanic serving post-secondary educational in-
stitutions, and other post-secondary educational
institutions with demonstrated experience in
360
providing agriculture education or other agri-
culturally related services to socially disadvan-
taged family farmers and ranchers in their re-
gion.
‘‘(C) Federally recognized tribes and na-
tional tribal organizations with demonstrated
experience in providing agriculture education or
other agriculturally related services to socially
disadvantaged family farmers and ranchers in
their region.
‘‘(3) FUNDING.—There are authorized to be ap-
propriated $25,000,000 for each fiscal year to make
grants and enter into contracts and other agree-
ments with the entities described in paragraph (2)
and to otherwise carry out the purposes of this sub-
section.’’.
SEC. 928. EQUAL TREATMENT OF POTATOES AND SWEET
POTATOES.
Section 508(a)(2) of the Federal Crop Insurance Act
(7 U.S.C. 1508(a)(2)) is amended by striking ‘‘and pota-
toes’’ and inserting ‘‘, potatoes, and sweet potatoes’’.
361
SEC. 929. REFERENCE TO SEA GRASS AND SEA OATS AS
CROPS COVERED BY NONINSURED CROP DIS-
ASTER ASSISTANCE PROGRAM.
Section 196(a)(2)(B) of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C.
7333(a)(2)(B)) is amended by inserting ‘‘sea grass and
sea oats,’’ after ‘‘fish),’’.
SEC. 930. OPERATION OF GRADUATE SCHOOL OF DEPART-
MENT OF AGRICULTURE.
(a) COMPETITION.—Section 921 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7 U.S.C.
2279b) is amended—
(1) in subsection (c)—
(A) by striking ‘‘Under’’ and inserting the
following:
‘‘(1) EDUCATIONAL, TRAINING, AND
PROFES-
SIONAL DEVELOPMENT ACTIVITIES.—Under’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) COMPETITION.—The Graduate School may
not enter into a contract or agreement with a Fed-
eral agency to provide services or conduct activities
described in paragraph (1) unless, before the award-
ing of the contract or agreement, the contract or
agreement was subject to competition that was open
362
to individuals and entities of the private sector.’’;
and
(2) in subsection (i), by striking ‘‘The’’ and in-
serting ‘‘Subject to subsection (c)(2), the’’.
(b) AUDITS OF RECORDS.—Such section is further
amended by adding at the end the following new sub-
section:
‘‘(k) AUDITS OF RECORDS.—The financial records of
the Graduate School relating to contracts and agreements
for services or activities described in subsection (c)(1)
shall be made available to the Comptroller General for
purposes of conducting an audit.’’.
(c) CONFORMING REPEAL.—Section 1669 of the
Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5922) is repealed.
SEC. 931. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) 
AVAILABILITY
OF
ASSISTANCE.—In 
such
amounts as are provided in advance in appropriation Acts,
the Secretary may provide assistance to dairy and other
livestock producers to cover economic losses incurred by
such producers in connection with the production of live-
stock.
(b) TYPES OF ASSISTANCE.—The assistance provided
to livestock producers may be in the form of—
363
(1) indemnity payments to livestock producers
who incur livestock mortality losses;
(2) livestock feed assistance to livestock pro-
ducers affected by shortages of feed;
(3) compensation for sudden increases in pro-
duction costs; and
(4) such other assistance, and for such other
economic losses, as the Secretary considers appro-
priate.
(c) LIMITATIONS.—Notwithstanding section 181(a),
the Secretary may not use the funds of the Commodity
Credit Corporation to provide assistance under this sec-
tion.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this section.
SEC. 932. COMPLIANCE WITH BUY AMERICAN ACT AND
SENSE OF CONGRESS REGARDING PURCHASE
OF 
AMERICAN-MADE 
EQUIPMENT, 
PROD-
UCTS, AND SERVICES USING FUNDS PRO-
VIDED UNDER THIS ACT.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No
funds made available under this Act, whether directly
using funds of the Commodity Credit Corporation or pur-
suant to an authorization of appropriations contained in
364
this Act, may be provided to a producer or other person
or entity unless the producer, person, or entity agrees to
comply with the Buy American Act (41 U.S.C. 10a–10c)
in the expenditure of the funds.
(b) SENSE OF CONGRESS.—In the case of any equip-
ment, products, or services that may be authorized to be
purchased using funds provided under this Act, it is the
sense of Congress that producers and other recipients of
such funds should, in expending the funds, purchase only
American-made equipment, products, and services.
(c) NOTICE TO RECIPIENTS OF FUNDS.—In pro-
viding payments or other assistance under this Act, the
Secretary of Agriculture shall provide to each recipient of
the funds a notice describing the requirements of sub-
section (a) and the statement made in subsection (b) by
Congress.
SEC. 933. REPORT REGARDING GENETICALLY ENGINEERED
FOODS.
(a) IN GENERAL.—Not later than 1 year after funds
are made available to carry out this section, the Secretary
of Agriculture, acting through the National Academy of
Sciences, shall complete and transmit to Congress a report
that includes recommendations for the following:
(1) DATA AND TESTS.—The type of data and
tests that are needed to sufficiently assess and
365
evaluate human health risks from the consumption
of genetically engineered foods.
(2) MONITORING SYSTEM.—The type of Federal
monitoring system that should be created to assess
any future human health consequences from long-
term consumption of genetically engineered foods.
(3) 
REGULATIONS.—A 
Federal 
regulatory
structure to approve genetically engineered foods
that are safe for human consumption.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Agri-
culture $500,000 to carry out this section.
SEC. 934. MARKET NAME FOR PANGASIUS FISH SPECIES.
The term ‘‘catfish’’ may not be considered to be a
common or usual name (or part thereof) for the fish
Pangasius bocourti, or for any other fish not classified
within the family Ictalariidae, for purposes of section 403
of the Federal Food, Drug, and Cosmetic Act, including
with respect to the importation of such fish pursuant to
section 801 of such Act.
SEC. 935. PROGRAM OF PUBLIC EDUCATION REGARDING
USE OF BIOTECHNOLOGY IN PRODUCING
FOOD FOR HUMAN CONSUMPTION.
(a) PUBLIC INFORMATION CAMPAIGN.—Not later
than 1 year after the date of the enactment of this Act,
366
the Secretary of Agriculture shall develop and implement
a program to communicate with the public regarding the
use of biotechnology in producing food for human con-
sumption. The information provided under the program
shall include the following:
(1) Science-based evidence on the safety of
foods produced with biotechnology.
(2) Scientific data on the human outcomes of
the use of biotechnology to produce food for human
consumption.
(b) AUTHORIZATION OF APPROPRIATIONS.—For each
of fiscal years 2002 through 2011 there are authorized
to be appropriated such sums as may be necessary to carry
out this section.
SEC. 936. GAO STUDY.
(a) IN GENERAL.—The Comptroller General shall
conduct a study and make findings and recommendations
with respect to determining how producer income would
be affected by updating yield bases, including—
(1) whether crop yields have increased over the
past 20 years for both program crops and oilseeds;
(2) whether program payments would be dis-
bursed differently in this Act if yield bases were up-
dated;
367
(3) what impact this Act’s target prices with
updated yield bases would have on producer income;
and
(4) what impact lower target prices with up-
dated yield bases would have on producer income
compared to this Act.
(b) REPORT.—The Comptroller General shall submit
a report to Congress on the study, findings, and rec-
ommendations required by subsection (a), not later than
6 months after the date of the enactment of this Act.
SEC. 937. INTERAGENCY TASK FORCE ON AGRICULTURAL
COMPETITION.
(a) APOINTMENT.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Agri-
culture shall establish an Interagency Task Force on Agri-
cultural Competition (in this section referred to as the
‘‘Task Force’’) and, after consultation with the Attorney
General, shall appoint as members of the Task Force such
nine employees of the Department of Agriculture and the
Department of Justice as the Secretary considers to be
appropriate. The Secretary shall designate one member of
the Task Force to serve as chairperson of the Task Force.
(b) HEARINGS.—The Task Force shall conduct hear-
ings to review the lessening of competition among pur-
chasers of livestock, poultry, and unprocessed agricultural
368
commodities in the United States and shall include in such
hearings review of the following matters:
(1) The enforcement of particular Federal laws
relating to competition.
(2) The concentration and vertical integration
of the business operations of such purchasers.
(3) Discrimination and transparency in prices
paid by such purchasers to producers of livestock,
poultry, and unprocessed agricultural commodities in
the United States.
(4) The economic protection and bargaining
rights of producers who raise livestock and poultry
under contracts.
(5) Marketing innovations and alternatives
available to producers of livestock, poultry, and un-
processed agricultural commodities in the United
States.
(c) REPORT.—Not later than 1 year after the last
member of the Task Force is appointed, the Task Force
shall submit, to the Committee on Agriculture of the
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate, a report
containing the findings and recommendations of the Task
Force for appropriate administrative and legislative ac-
tion.
369
SEC. 938. AUTHORIZATION FOR ADDITIONAL STAFF AND
FUNDING 
FOR 
THE 
GRAIN 
INSPECTION,
PACKERS AND STOCKYARDS ADMINISTRA-
TION.
There are authorized to be appropriated such sums
as are necessary to enhance the capability of the Grain
Inspection, Packers and Stockyards Administration to
monitor, investigate, and pursue the competitive implica-
tions of structural changes in the meat packing industry.
Sums are specifically earmarked to hire litigating attor-
neys to allow the Grain Inspection, Packers and Stock-
yards Administration to more comprehensively and effec-
tively pursue its enforcement activities.
SEC. 939. ENFORCEMENT OF THE HUMANE METHODS OF
SLAUGHTER ACT OF 1958.
(a) FINDINGS.—Congress finds as follows:
(1) Public demand for passage of Public Law
85–765 (7 U.S.C. 1901 et seq.; commonly known as
the ‘‘Humane Methods of Slaughter Act of 1958’’)
was so great that when President Eisenhower was
asked at a press conference if he would sign the bill,
he replied, ‘‘If I went by mail, I’d think no one was
interested in anything but humane slaughter’’.
(2) The Humane Methods of Slaughter Act of
1958 requires that animals be rendered insensible to
pain when they are slaughtered.
370
(3) Scientific evidence indicates that treating
animals humanely results in tangible economic bene-
fits.
(4) The United States Animal Health Associa-
tion passed a resolution at a meeting in October
1998 to encourage strong enforcement of the Hu-
mane Methods of Slaughter Act of 1958 and reiter-
ated support for the resolution at a meeting in 2000.
(5) The Secretary of Agriculture is responsible
for fully enforcing the Act, including monitoring
compliance by the slaughtering industry.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Agriculture should fully en-
force Public Law 85–765 (7 U.S.C. 1901 et seq.; com-
monly known as the ‘‘Humane Methods of Slaughter Act
of 1958’’) by ensuring that humane methods in the
slaughter of livestock—
(1) prevent needless suffering;
(2) result in safer and better working condi-
tions for persons engaged in the slaughtering indus-
try;
(3) bring about improvement of products and
economies in slaughtering operations; and
(4) produce other benefits for producers, proc-
essors, and consumers that tend to expedite an or-
371
derly flow of livestock and livestock products in
interstate and foreign commerce.
(c) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States that the slaughtering of livestock
and the handling of livestock in connection with slaughter
shall be carried out only by humane methods, as provided
by Public Law 85–765 (7 U.S.C. 1901 et seq.; commonly
known as the ‘‘Humane Methods of Slaughter Act of
1958’’).
SEC. 940. PENALTIES AND FOREIGN COMMERCE PROVI-
SIONS OF THE ANIMAL WELFARE ACT.
(a) PENALTIES AND FOREIGN COMMERCE PROVI-
SIONS OF THE ANIMAL WELFARE ACT.—Section 26 of the
Animal Welfare Act (7 U.S.C. 2156) is amended—
(1) in subsection (e)—
(A) by inserting ‘‘PENALTIES.—’’ after
‘‘(e)’’;
(B) by striking ‘‘$5,000’’ and inserting
‘‘$15,000’’; and
(C) by striking ‘‘1 year’’ and inserting ‘‘2
years’’; and
(2) in subsection (g)(2)(B), by inserting at the
end before the semicolon the following: ‘‘or from any
State into any foreign country’’.
372
(b) EFFECTIVE DATE.—The amendments made by
this section take effect 30 days after the date of the enact-
ment of this Act.
SEC. 941. PROHIBITION ON INTERSTATE MOVEMENT OF
ANIMALS FOR ANIMAL FIGHTING.
(a) PROHIBITION ON INTERSTATE MOVEMENT OF
ANIMALS FOR ANIMAL FIGHTING.—Section 26(d) of the
Animal Welfare Act (7 U.S.C. 2156(d)) is amended to
read as follows:
‘‘(d) ACTIVITIES NOT SUBJECT TO PROHIBITION.—
This section does not apply to the selling, buying, trans-
porting, or delivery of an animal in interstate or foreign
commerce for any purpose, so long as the purpose does
not include participation of the animal in an animal fight-
ing venture.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section take effect 30 days after the date of the enact-
ment of this Act.
SEC. 942. RENEWABLE ENERGY RESOURCES.
(a) ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.—Section 1240 of the Food Security Act of 1985
(16 U.S.C. 3839aa), as amended by section 231 of this
Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
373
(2) by striking the period at the end of para-
graph (4); and
(3) by adding at the end the following:
‘‘(5) assistance to farmers and ranchers for the
assessment and development of their on-farm renew-
able resources, including biomass for the production
of power and fuels, wind, and solar.’’.
(b) COOPERATIVE STATE RESEARCH, EDUCATION,
AND
EXTENSION
SERVICE.—The Secretary of Agri-
culture, through the Cooperative State Research, Edu-
cation, and Extension Service and, to the extent prac-
ticable, in collaboration with the Natural Resources Con-
servation Service, regional biomass programs under the
Department of Energy, and other appropriate entities,
may provide education and technical assistance to farmers
and ranchers for the development and marketing of renew-
able energy resources, including biomass for the produc-
tion of power and fuels, wind, solar, and geothermal.
SEC. 943. USE OF AMOUNTS PROVIDED FOR FIXED, DECOU-
PLED PAYMENTS TO PROVIDE NECESSARY
FUNDS FOR RURAL DEVELOPMENT PRO-
GRAMS.
Notwithstanding section 104 of this Act, in each of
fiscal years 2002 through 2011, the Secretary of Agri-
culture shall—
374
(1) reduce the total amount payable under sec-
tion 104 of this Act, on a pro rata basis, so that the
total 
amount 
of 
such 
reductions 
equals
$100,000,000; and
(2) expend—
(A) $45,000,000 for grants under 306A of
the Consolidated Farm and Rural Development
Act (relating to the community water assistance
grant program);
(B) $45,000,000 for grants under 613 of
this Act (relating to the pilot program for devel-
opment and implementation of startegic re-
gional development plans); and
(C) $10,000,000 for grants under section
231(a)(1) of the Agricultural Risk Protection
Act of 2000 (relating to value-added agricul-
tural product market development grants).
SEC. 944. COUNTRY OF ORIGIN LABELING OF PERISHABLE
AGRICULTURAL COMMODITIES.
(a) ESTABLISHMENT
OF
LABELING
REQUIRE-
MENT.—The Perishable Agricultural Commodities Act,
1930, is amended by inserting after section 17 (7 U.S.C.
499q) the following new section:
375
‘‘SEC. 18. COUNTRY OF ORIGIN LABELING OF PERISHABLE
AGRICULTURAL COMMODITIES.
‘‘(a) NOTICE OF COUNTRY OF ORIGIN REQUIRED.—
Except as provided in subsection (b), a retailer of a perish-
able agricultural commodity shall inform consumers, at
the final point of sale of the perishable agricultural com-
modity to consumers, of the country of origin of the per-
ishable agricultural commodity. This requirement shall
apply to imported and domestically produced perishable
agricultural commodities.
‘‘(b) EXEMPTION FOR FOOD SERVICE ESTABLISH-
MENTS.—
‘‘(1) EXEMPTION.—Subsection (a) shall not
apply to a perishable agricultural commodity to the
extent that the perishable agricultural commodity
is—
‘‘(A) prepared or served in a food service
establishment; and
‘‘(B) offered for sale or sold at the food
service establishment in normal retail quantities
or served to consumers at the food service es-
tablishment.
‘‘(2) DEFINITION.—In this subsection, the term
‘food service establishment’ means a restaurant, caf-
eteria, lunch room, food stand, saloon, tavern, bar,
lounge, or other similar facility, which is operated as
376
an enterprise engaged in the business of selling
foods to the public.
‘‘(c) METHOD OF NOTIFICATION.—
‘‘(1) IN GENERAL.—The information required
by subsection (a) may be provided to consumers by
means of a label, stamp, mark, placard, or other
clear and visible sign on the perishable agricultural
commodity or on the package, display, holding unit,
or bin containing the commodity at the final point
of sale to consumers.
‘‘(2) LABELED COMMODITIES.—If a perishable
agricultural commodity is already individually la-
beled regarding country of origin by a packer, im-
porter, or another person, the retailer shall not be
required to provide any additional information to
comply with this section.
‘‘(d) VIOLATIONS.—If a retailer fails to indicate the
country of origin of a perishable agricultural commodity
as required by subsection (a), the Secretary of Agriculture
may assess a civil penalty on the retailer in an amount
not to exceed—
‘‘(1) $1,000 for the first day on which the viola-
tion occurs; and
‘‘(2) $250 for each day on which the same vio-
lation continues.
377
‘‘(e) DEPOSIT OF FUNDS.—Amounts collected under
subsection (d) shall be deposited in the Treasury of the
United States as miscellaneous receipts.’’.
(b) APPLICATION OF AMENDMENT.—Section 18 of
the Perishable Agricultural Commodities Act, 1930, as
added by subsection (a), shall apply with respect to a per-
ishable agricultural commodity offered for retail sale after
the end of the six-month period beginning on the date of
the enactment of this Act.
SEC. 945. UNLAWFUL STOCKYARD PRACTICES INVOLVING
NONAMBULATORY LIVESTOCK.
Title III of the Packers and Stockyards Act, 1921,
(7 U.S.C. 201 et seq.) is amended by adding at the end
the following:
‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING
NONAMBULATORY LIVESTOCK.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) HUMANELY EUTHANIZE.—The term ‘hu-
manely euthanize’ means to kill an animal by me-
chanical, chemical, or other means that immediately
render the animal unconscious, with this state re-
maining until the animal’s death.
‘‘(2) NONAMBULATORY LIVESTOCK.—The term
‘nonambulatory livestock’ means any livestock that
is unable to stand and walk unassisted.
378
‘‘(b) UNLAWFUL PRACTICES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any stockyard
owner, market agency, or dealer to buy, sell, give,
receive, transfer, market, hold, or drag any non-
ambulatory livestock unless the nonambulatory live-
stock has been humanely euthanized.
‘‘(2) EXCEPTIONS.—
‘‘(A) NON-GIPSA
FARMS.—Paragraph (1)
shall not apply to any farm the animal care
practices of which are not subject to the author-
ity of the Grain Inspection, Packers, and Stock-
yards Administration.
‘‘(B) VETERINARY CARE.—Paragraph (1)
shall not apply in a case in which non-
ambulatory livestock receive veterinary care in-
tended to render the livestock ambulatory.
‘‘(c) APPLICATION OF PROHIBITION.—Subsection (b)
shall apply beginning one year after the date of the enact-
ment of the Farm Security Act of 2001. By the end of
such period, the Secretary shall promulgate regulations to
carry out this section.’’.
379
SEC. 946. ANNUAL REPORT ON IMPORTS OF BEEF AND
PORK.
The Secretary shall submit to the Congress an annual
report on the amount of beef and pork that is imported
into the United States each calendar year.
Passed the House of Representatives October 5,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 2646
AN ACT
To provide for the continuation of agricultural
programs through fiscal year 2011.