I 
117TH CONGRESS 
1ST SESSION H. R. 5863 
To strengthen enforcement actions against unlawfully sourced palm oil and 
deforestation in developing countries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2021 
Mr. GARAMENDI introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committees on Energy and 
Commerce, Foreign Affairs, Financial Services, and Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To strengthen enforcement actions against unlawfully 
sourced palm oil and deforestation in developing coun-
tries, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘End Palm Oil Defor-
estation Act’’. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
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(1) CERTIFYING STANDARD.—The term ‘‘certi-
fying standard’’ means any accreditation for law-
fully, ethically, and sustainably sourced palm oil of-
fered by a nongovernmental organization. 
(2) PALM OIL PRODUCT.—The term ‘‘palm oil 
product’’ means— 
(A) any product containing ingredients, in-
cluding palmolein and monocarboxylic fatty 
acids, derived from the plants African oil palm 
(Elaeis guineensis), American oil palm (Elaeis 
oleifera), babassu palm (Attalea speciosa), 
macauba palm (Acrocomia aculeata), maripa 
palm (Attalea maripa), or hybridized species de-
rived therefrom; 
(B) those food products derived from im-
ported palm oil or any combination or portion 
thereof; or 
(C) any other product prepared, in whole 
or in part from, or processed with, imported 
palm oil as the Secretary may specify. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(4) TAKING.—The term ‘‘taking’’ has the 
meaning given the term in section 2 of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3371). 
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ment of Agriculture for public comment a prelimi-
nary list of nongovernmental certifying standards for 
sustainable palm oil. 
(2) CONSIDERATIONS.—In publishing the list 
under paragraph (1), the Secretary shall— 
(A) when considering whether to include a 
certifying standard on such list, prioritize certi-
fying standards that promote— 
(i) palm oil cultivation practices with 
decreased net greenhouse gas emissions; 
(ii) human rights of palm oil agricul-
tural workers; 
(iii) human rights of the communities 
neighboring palm oil plantations; and 
(iv) 
preventing 
deforestation 
or 
peatlands degradation; and 
(B) consider including in such list the cer-
tifying standard sponsored by the Roundtable 
for Sustainable Palm Oil. 
(3) EXCLUDED
STANDARDS.—The Secretary 
may not include in the list under paragraph (1) any 
standard issued by a foreign government. 
(4) FINALIZATION.—Not later than 90 days 
after the date on which the preliminary list of non-
governmental certifying standards for sustainable 
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palm oil under paragraph (1) is published, finalize 
the preliminary list. 
(5) UPDATES.—The Secretary shall— 
(A) review and update, as appropriate, the 
finalized list under paragraph (4) at least once 
every 5 years; and 
(B) allow for public notice and a period for 
public comment with respect to any such up-
dates. 
(c) TEMPORARY CERTIFICATIONS.—In the case of 
palm oil products for which documentation of meeting the 
sustainability certification standards referred to in sub-
section (a) cannot be provided, the Secretary may grant 
the importers of such products temporary certifications 
that may be presented at the port of entry into the United 
States in lieu of such documentation for a period not to 
exceed one year, subject to renewal (of such duration as 
the Secretary may specify), if the Secretary publishes on 
a public internet site of the Department of Agriculture, 
and updates as necessary, a list of all such temporary cer-
tifications, including with respect to each such temporary 
certification— 
(1) a written statement outlining the reason for 
granting the temporary certification; 
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(2) the date on which the temporary certifi-
cation expires; 
(3) the terms by which the temporary certifi-
cation may be renewed, if applicable; and 
(4) any supporting documents or information 
considered by the Secretary in deciding to grant 
such temporary certification. 
SEC. 4. LABELING OF IMPORTED PALM OIL PRODUCTS. 
(a) FOOD LABELING.—Section 403 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend-
ed by adding at the end the following: 
‘‘(z) If it is a food that contains ingredients derived 
from imported palm oil, unless its labeling lists such ingre-
dients by the common or usual name of the ingredient, 
including listing (parenthetically or otherwise) of all com-
ponents of such ingredient.’’. 
(b) COUNTRY OF ORIGIN LABELING.— 
(1) USE IN FOOD.—Section 281(1)(A) of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 
1638(1))(A) is amended— 
(A) in clause (x), by striking ‘‘and’’ at the 
end; 
(B) in clause (xi), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(xii) palm oil.’’. 
(2) OTHER
USES.—Each head of a Federal 
agency which regulates products containing palm oil 
shall issue regulations— 
(A) specifying that a person may not sell, 
or offer for sale in interstate commerce, im-
ported palm oil products, or another product 
containing imported palm oil products, unless 
the packaging and labeling of such products 
that are not, by operation of the amendments 
made by paragraph (1), subject to section 282 
of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1638a), specify the country of origin of 
such products; and 
(B) providing for an exemption from the 
requirement specified pursuant to subparagraph 
(A) with respect to products containing im-
ported palm oil products if the amount of im-
ported palm oil in such product is de minimis 
(as determined by the head of the Federal 
agency involved). 
SEC. 5. UNITED STATES POLICY WITH RESPECT TO PALM 
OIL CULTIVATION ABROAD. 
(a) MORATORIUM.—No Federal funds may be obli-
gated, expended, or otherwise made available for the cul-
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tivation or processing of palm oil abroad, unless the Sec-
retary of State certifies that— 
(1) the program, project, or activity for which 
such funds are made available will not— 
(A) contribute to significant loss of native 
species; 
(B) disrupt or contaminate natural water 
sources; 
(C) reduce local food security; 
(D) cause the forced displacement of local 
people; 
(E) contribute to deforestation; 
(F) increase greenhouse gas emissions sub-
stantially; 
(G) contribute to human trafficking, forced 
labor, or child labor; 
(H) enable wildlife trafficking; or 
(I) further bureaucratic corruption; and 
(2) the cultivation or processing is carried out 
in accordance with the sustainability certification 
standards specified pursuant to section 3. 
(b) CONGRESSIONAL INSTRUCTIONS TO THE EXECU-
TIVE.—The President should instruct the Secretary of the 
Treasury, acting as the Chairman of the National Advi-
sory Council on International Monetary and Financial 
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