I 
118TH CONGRESS 
1ST SESSION H. R. 3423 
To amend the Agricultural Trade Act of 1978 to preserve foreign markets 
for goods using common names, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2023 
Mr. JOHNSON of South Dakota (for himself, Mr. COSTA, Mrs. FISCHBACH, 
and Mr. PANETTA) introduced the following bill; which was referred to 
the Committee on Agriculture, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Agricultural Trade Act of 1978 to preserve 
foreign markets for goods using common names, 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 ‘‘Safeguarding Amer-
ican Value-added Exports Act’’ or the ‘‘SAVE Act’’. 
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SEC. 2. PRESERVING FOREIGN MARKETS FOR GOODS 
USING COMMON NAMES. 
(a) DEFINITIONS.—Section 102 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5602) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘As used in this Act—’’ and inserting ‘‘In 
this Act:’’; 
(2) by redesignating paragraphs (2) through 
(8) as paragraphs (3), (5), (6), (7), (8), (9), and 
(4), respectively, and reordering accordingly; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) COMMON NAME.— 
‘‘(A) IN
GENERAL.—The term ‘common 
name’ means a name that, as determined by the 
Secretary— 
‘‘(i) is ordinarily or customarily used 
for an agricultural commodity or food 
product; 
‘‘(ii) is typically placed on the pack-
aging and product label of the agricultural 
commodity or food product; 
‘‘(iii) with respect to wine— 
‘‘(I) is— 
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‘‘(aa) ordinarily or custom-
arily used for a wine grape vari-
etal name; or 
‘‘(bb) a traditional term or 
expression that is typically placed 
on the packaging and label of the 
wine; and 
‘‘(II) does not mean any appella-
tion of origin for wine listed in sub-
part C of part 9 of title 27, Code of 
Federal Regulations (or successor reg-
ulations); and 
‘‘(iv) the use of which is consistent 
with standards of the Codex Alimentarius 
Commission. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Sec-
retary may take into account— 
‘‘(i) competent sources, such as dic-
tionaries, newspapers, professional journals 
and literature, and information posted on 
websites that are determined by the Sec-
retary to be reliable in reporting market 
information; 
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‘‘(ii) the use of the common name in 
a domestic, regional, or international prod-
uct standard, including a standard promul-
gated by the Codex Alimentarius Commis-
sion, for the agricultural commodity or 
food product; and 
‘‘(iii) the ordinary and customary use 
of the common name in the production or 
marketing of the agricultural commodity or 
food product in the United States or in 
other countries.’’; and 
(4) in paragraph (7) (as so redesignated), in 
subparagraph (A)— 
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) in clause (vi), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(vii) prohibits or disallows the use of 
the common name of an agricultural com-
modity or food product of the United 
States.’’. 
(b) NEGOTIATIONS TO DEFEND USE OF COMMON 
NAMES.—Title III of the Agricultural Trade Act of 1978 
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(7 U.S.C. 5652 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 303. NEGOTIATIONS TO DEFEND THE USE OF COM-
MON NAMES. 
‘‘(a) IN GENERAL.—The Secretary shall coordinate 
efforts with the United States Trade Representative to se-
cure the right of United States agricultural producers, 
processors, and exporters to use common names for agri-
cultural commodities or food products in foreign markets 
through the negotiation of bilateral, plurilateral, or multi-
lateral agreements, memoranda of understanding, or ex-
changes of letters that assure the current and future use 
of each common name identified by the Secretary in con-
nection with United States agricultural commodities or 
food products. 
‘‘(b) REPORT.—The Secretary and the United States 
Trade Representative shall submit to Congress a report 
every 2 years regarding efforts and successes in carrying 
out subsection (a).’’. 
Æ 
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