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‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
SEC. 9002. SENSE OF THE SENATE CONCERNING HIGHER
LEVELS OF ETHANOL BLENDED GASOLINE.
(a) FINDINGS.—The Senate finds that, as of the date
of enactment of this Act—
(1) annual ethanol production capacity totals
6,800,000,000 gallons;
(2) current and planned construction of ethanol
refineries will likely increase annual ethanol produc-
tion capacity to 12,000,000,000 to 13,000,000,000
gallons by December 31, 2009;
(3) under existing regulations, only gasoline
blended with up to 10 percent ethanol (commonly
known as ‘‘E–10’’) may be consumed by nonflexible
fuel vehicles;
(4) the total market demand for E–10—
(A) is limited to 10 percent of domestic
motor fuel consumption; and
(B) is further constrained by State-admin-
istered reformulated gasoline regulations and re-
gional infrastructure constraints;
(5) beyond the market demand for E–10, insuffi-
cient E–85 infrastructure exists to absorb the in-
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creased ethanol production beyond 12,000,000,000 to
13,000,000,000 gallons in the short term;
(6) the approval of intermediate blends of eth-
anol-blended gasoline, such as E–13, E–15, E–20,
and higher blends, is critical to the uninterrupted
growth of the United States biofuels industry; and
(7) maintaining the growth of the United States
biofuels industry is a matter of national security and
sustainable economic growth.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary should—
(1) collaborate with the Secretary of Energy, the
Secretary of Transportation, and the Administrator
of the Environmental Protection Agency in con-
ducting a study of the economic and environmental
effects of intermediate blends of ethanol in United
States fuel supply;
(2) ensure that the approval of intermediate
blends of ethanol occurs after the appropriate tests
have successfully concluded proving the drivability,
compatibility, emissions, durability, and health effects
of higher blends of ethanol-blended gasoline; and
(3) ensure that the approval of intermediate
blends of ethanol-blended gasoline occurs by not later
than 1 year after the date of enactment of this Act.
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SEC. 9003. CONFORMING AMENDMENTS.
(a) BIOMASS RESEARCH AND DEVELOPMENT ACT OF
2000.—Title III of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 7624 note; Public Law 106–224) is repealed.
(b) MARKETING PROGRAM
FOR BIOBASED PROD-
UCTS.—
(1) IMPLEMENTATION.—
(A) IN GENERAL.—The Secretary shall con-
tinue to carry out the designation and labeling
of biobased products in accordance with section
9002 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 8102) as in effect on
the day before the date of enactment of this Act
until the date on which the Secretary is able to
begin carrying out section 9002(a) of that Act
(as amended by section 9001), which shall begin
not later than 90 days after the date of enact-
ment of this Act.
(B) EXISTING
LISTINGS.—Biobased prod-
ucts designated and labeled under section 9002 of
the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8102) as in effect on the day be-
fore the date of enactment of this Act shall con-
tinue to be considered designated and labeled
biobased products after the date of enactment of
this Act.
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(C) PROPOSED ITEM DESIGNATIONS.—Not-
withstanding any other provision of this Act or
an amendment made by this Act, the Secretary
shall have the authority to finalize the listings of
any item proposed (prior to the date of enact-
ment of this Act) to be designated in accordance
with section 9002 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8102) as
in effect on the day before the date of enactment
of this Act.
(2) BIOENERGY
EDUCATION
AND
AWARENESS
CAMPAIGN.—Section 947 of the Energy Policy Act of
2005 (42 U.S.C. 16256) is repealed.
SEC. 9004. SENSE OF CONGRESS REGARDING COOPERATIVE
REGIONAL RESEARCH, EXTENSION, AND EDU-
CATION PROGRAMS ON BIOFUELS AND BIO-
PRODUCTS.
It is the sense of Congress that the Secretary shall con-
tinue to allow and support efforts of regional consortiums
of public institutions, including land grant universities and
State departments of agriculture, to jointly support the bio-
economy through research, extension, and education activi-
ties, including—
(1) expanding the use of biomass;
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(2) improving the efficiency and sustainability
of bioenergy;
(3) supporting local ownership in the bio-
economy;
(4) communicating about the bioeconomy;
(5) facilitating information sharing; and
(6) assisting to coordinate regional approaches.
TITLE 
X—LIVESTOCK 
MAR-
KETING, REGULATORY, AND
RELATED PROGRAMS
Subtitle A—Marketing
SEC. 10001. LIVESTOCK MANDATORY REPORTING.
(a) MANDATORY REPORTING
FOR SWINE.—Section
232(c)(3) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1635j(c)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘2:00 p.m.’’
and inserting ‘‘3:00 p.m.’’; and
(2) in subparagraph (B), by striking ‘‘3:00
p.m.’’ and inserting ‘‘4:00 p.m.’’.
(b) MANDATORY PACKER REPORTING OF PORK PROD-
UCTS SALES.—
(1) IN GENERAL.—Section 232 of the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 1635j) is
amended by adding at the end the following:
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‘‘(f) MANDATORY PACKER REPORTING OF PORK PROD-
UCTS SALES.—
‘‘(1) IN GENERAL.—Beginning not earlier than
the date on which the report under section
10001(b)(2)(C) of the Food and Energy Security Act
of 2007 is submitted, the Secretary may require the
corporate officers or officially designated representa-
tive of each packer processing plant to report to the
Secretary at least twice each reporting day (not less
than once before, and once after, 12:00 noon Central
Time) information on total pork products sales, in-
cluding price and volume information as specified by
the Secretary.
‘‘(2) PUBLICATION.—The Secretary shall make
available to the public any information required to be
reported under subparagraph (A) (including informa-
tion on pork cuts and retail-ready pork products) not
less than twice each reporting day.’’.
(2) STUDY AND REPORT.—
(A) STUDY.—The Secretary shall conduct a
study on the effects of requiring packer proc-
essing plants to report to the Secretary informa-
tion on total pork products sales (including price
and volume information), including—
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(i) the positive or negative economic ef-
fects on producers and consumers; and
(ii) the effects of a confidentiality re-
quirement on mandatory reporting.
(B) INFORMATION.—The Secretary may col-
lect such information as is necessary to enable
the Secretary to conduct the study required
under subparagraph (A).
(C) REPORT.—Not later than 180 days
after the date of enactment of this Act, the Sec-
retary shall submit to the Committee on Agri-
culture of the House of Representatives and the
Committee on Agriculture, Nutrition, and For-
estry of the Senate a report on the results of the
study conducted under subparagraph (A).
(c) PUBLICATION OF INFORMATION ON RETAIL PUR-
CHASE PRICES FOR REPRESENTATIVE MEAT PRODUCTS.—
Section 257(a) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1636f(a)) is amended by inserting ‘‘and con-
tinuing not less than each month thereafter’’ after ‘‘this sub-
title’’.
SEC. 10002. GRADING AND INSPECTION.
(a) GRADING.—Section 203 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1622) is amended—
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(1) by redesignating subsection (n) as subsection
(o); and
(2) by inserting after subsection (m) the fol-
lowing:
‘‘(n) GRADING PROGRAM.—To establish, within the
Agricultural Marketing Service, a voluntary grading pro-
gram for farm-raised animals described in section
10806(a)(1) of the Farm Security and Rural Investment
Act of 2002 (21 U.S.C. 321d(a)(1)).’’.
(b) AMENABLE SPECIES.—Section 1(w) of the Federal
Meat Inspection Act (21 U.S.C. 601(w)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) farm-raised animals described in section
10806(a)(1) of the Farm Security and Rural Invest-
ment Act of 2002 (21 U.S.C. 321d(a)(1)); and’’.
(c) EXISTING ACTIVITIES.—The Secretary shall ensure
that nothing in an amendment made by this section dupli-
cates, impedes, or undermines any of the food safety or
product grading activities conducted by the Department of
Commerce or the Food and Drug Administration, and shall
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consult with the Secretary of Commerce before imple-
menting any new food safety or grading activity authorized
under this section.
SEC. 10003. COUNTRY OF ORIGIN LABELING.
Subtitle D of the Agricultural 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;
and
‘‘(ix) macadamia nuts.’’;
(2) in section 282—
(A) in subsection (a), by striking para-
graphs (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
ORI-
GIN.—A retailer of a covered commodity that is
beef, lamb, pork, chicken, or goat meat may des-
ignate the covered commodity as exclusively hav-
ing a United States country of origin only if the
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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 Ha-
waii 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 January 1, 2008, and once present
in the United States, remained continuously
in the United States.
‘‘(B) MULTIPLE COUNTRIES OF ORIGIN.—
‘‘(i) IN GENERAL.—A retailer of a cov-
ered commodity that is beef, lamb, pork,
chicken, or goat meat that is derived from
an animal that is—
‘‘(I) not exclusively born, raised,
and slaughtered in the United States,
‘‘(II) born, raised, or slaughtered
in the United States, and
‘‘(III) not imported into the
United States for immediate slaughter,
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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 REQUIRE-
MENT.—Nothing in this subparagraph al-
ters the mandatory requirement to inform
consumers of the country of origin of cov-
ered commodities under paragraph (1).
‘‘(C) IMPORTED FOR IMMEDIATE SLAUGH-
TER.—A retailer of a covered commodity that is
beef, lamb, pork, chicken, or goat meat that is de-
rived from an animal that is imported into the
United States for immediate slaughter shall des-
ignate the origin of such covered commodity as—
‘‘(i) the country from which the animal
was imported; and
‘‘(ii) the United States.
‘‘(D) FOREIGN COUNTRY OF ORIGIN.—A re-
tailer of a covered commodity that is beef, lamb,
pork, chicken, or goat meat that is derived from
an animal that is not born, raised, or slaugh-
tered in the United States shall designate a
country other than the United States as the
country of origin of such commodity.
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‘‘(E) GROUND BEEF, PORK, LAMB, CHICKEN,
AND GOAT.—The notice of country of origin for
ground beef, ground pork, ground lamb, ground
chicken, or ground goat shall include—
‘‘(i) 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 origin 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 fish or wild fish
may designate the covered commodity as having
a United States country of origin only if the cov-
ered commodity—
‘‘(i) in the case of farm-raised fish, is
hatched, raised, harvested, and processed in
the United States; and
‘‘(ii) 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 docu-
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mented under chapter 121 of title 46,
United States Code, or registered in the
United States; and
‘‘(II) processed in the United
States, a territory of the United States,
or a State, including the waters there-
of.
‘‘(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, PEANUTS,
AND MACADAMIA NUTS.—
‘‘(A) IN GENERAL.—A retailer of a covered
commodity that is a perishable agricultural com-
modity, peanut, or macadamia nut may des-
ignate the covered commodity as having a
United States country of origin only if the cov-
ered commodity is exclusively produced in the
United States.
‘‘(B) STATE, REGION, LOCALITY
OF
THE
UNITED STATES.—With respect to a covered com-
modity that is a perishable agricultural com-
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modity produced exclusively in the United
States, designation by a retailer of the State, re-
gion, or locality of the United States where such
commodity was produced shall be sufficient to
identify the United States as the country of ori-
gin.’’; and
(B) by striking subsection (d) and inserting
the following:
‘‘(d) AUDIT VERIFICATION SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary may conduct
an audit of any person that prepares, stores, handles,
or distributes a covered commodity for retail sale to
verify compliance with this subtitle (including the
regulations promulgated under section 284(b)).
‘‘(2) RECORD REQUIREMENTS.—
‘‘(A) IN GENERAL.—A person subject to an
audit under paragraph (1) shall provide the Sec-
retary with verification of the country of origin
of covered commodities. Records maintained in
the course of the normal conduct of the business
of such person, including animal health papers,
import or customs documents, or producer affi-
davits, may serve as such verification.
‘‘(B) PROHIBITION
ON
REQUIREMENT
OF
ADDITIONAL RECORDS.—The Secretary may not
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require a person that prepares, stores, handles,
or distributes a covered commodity to maintain
a record of the country of origin of a covered
commodity other than those maintained in the
course of the normal conduct of the business of
such person.’’;
(3) in section 283—
(A) by striking subsections (a) and (c);
(B) by redesignating subsection (b) as sub-
section (a);
(C) in subsection (a) (as so redesignated),
by striking ‘‘retailer’’ and inserting ‘‘retailer or
person engaged in the business of supplying a
covered commodity to a retailer’’; and
(D) by 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 person engaged in the business of supplying
a covered commodity to a retailer has—
‘‘(1) not made a good faith effort to comply with
section 282, and
‘‘(2) continues to willfully violate section 282
with respect to the violation about which the retailer
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or person received notification under subsection
(a)(1),
after providing notice and an opportunity for a hearing
before the Secretary with respect to the violation, the Sec-
retary may fine the retailer or person in an amount of not
more than $1,000 for each violation.’’.
SEC. 10004. DISCLOSURE OF COUNTRY OF HARVEST FOR
GINSENG.
(a) IN GENERAL.—The Agricultural Marketing Act of
1946 (7 U.S.C. 1621 et seq.) is amended by adding at the
end the following:
‘‘Subtitle E—Ginseng
‘‘SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) GINSENG.—The term ‘ginseng’ means a
plant classified within the genus Panax.
‘‘(2) RAW
AGRICULTURAL
COMMODITY.—The
term ‘raw agricultural commodity’ has the meaning
given the term in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
‘‘(3) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(b) DISCLOSURE.—
‘‘(1) IN GENERAL.—A person that offers ginseng
for sale as a raw agricultural commodity or dehy-
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drated whole root shall disclose to a potential pur-
chaser the country of harvest of the ginseng.
‘‘(2) IMPORTATION.—A person that imports gin-
seng as a raw agricultural commodity or dehydrated
whole root into the United States shall disclose at the
point of entry into the United States, in accordance
with section 304 of the Tariff Act of 1930 (19 U.S.C.
1304), the country in which the ginseng was har-
vested.
‘‘(c) MANNER OF DISCLOSURE.—
‘‘(1) IN GENERAL.—The disclosure required by
subsection (b) shall be provided to a potential pur-
chaser by means of a label, stamp, mark, placard, or
other easily legible and visible sign on the ginseng or
on the package, display, holding unit, or bin con-
taining the ginseng.
‘‘(2) RETAILERS.—A retailer of ginseng as a raw
agricultural commodity shall—
‘‘(A) retain the means of disclosure provided
under subsection (b); and
‘‘(B) provide the received means of disclo-
sure to a consumer of ginseng.
‘‘(3) REGULATIONS.—The Secretary shall by reg-
ulation prescribe with specificity the manner in
which disclosure shall be made in a transaction at the
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wholesale or retail level (including a transaction by
mail, telephone, internet, or in retail stores).
‘‘(d) FINES.—The Secretary may, after providing no-
tice and an opportunity for a hearing before the Secretary,
fine a person subject to subsection (b), or a person sup-
plying ginseng to such a person, in an amount of not more
than $1,000 for each violation if the Secretary determines
that the person—
‘‘(1) has not made a good faith effort to comply
with subsection (b); and
‘‘(2) continues to willfully violate subsection (b).
‘‘(e) INFORMATION.—The Secretary shall make infor-
mation available to wholesalers, importers, retailers, trade
associations, and other interested persons concerning the re-
quirements of this section (including regulations promul-
gated to carry out this section).’’.
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on the date that is
180 days after the date of enactment of this Act.
Subtitle B—Agricultural Fair
Practices
SEC. 10101. DEFINITIONS.
Section 3 of the Agricultural Fair Practices Act of
1967 (7 U.S.C. 2302) is amended—
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(1) by striking ‘‘When used in this Act—’’ and
inserting ‘‘In this Act:’’;
(2) in subsection (a)—
(A) 
by 
redesignating 
paragraphs 
(1)
through (4) as clauses (i) through (iv), respec-
tively; and
(B) in clause (iv) (as so redesignated), by
striking ‘‘clause (1), (2), or (3) of this para-
graph’’ and inserting ‘‘clause (i), (ii), or (iii)’’;
(3) by striking subsection (d);
(4) by redesignating subsections (a), (b), (c), and
(e) as paragraphs (3), (4), (2), (1), respectively, in-
denting appropriately, and moving those paragraphs
so as to appear in numerical order;
(5) in each paragraph (as so redesignated) that
does not have a heading, by inserting a heading, in
the same style as the heading in the amendment made
by paragraph (6), the text of which is comprised of
the term defined in the paragraph;
(6) in paragraph (2) (as so redesignated)—
(A) by striking ‘‘The term ‘association of
producers’ means’’ and inserting the following:
‘‘(2) ASSOCIATION OF PRODUCERS.—
‘‘(A) IN GENERAL.—The term ‘association
of producers’ means’’; and
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(B) by adding at the end the following:
‘‘(B) INCLUSION.—The term ‘association of
producers’ includes an organization of agricul-
tural producers dedicated to promoting the com-
mon interest and general welfare of producers of
agricultural products.’’;
(7) in paragraph (3) (as so redesignated)—
(A) by striking ‘‘The term’’ and inserting
the following:
‘‘(3) HANDLER.—
‘‘(A) IN GENERAL.—The term’’; and
(B) by inserting after clause (iv) of sub-
paragraph (A) (as redesignated by subparagraph
(A) and paragraph (2)) the following:
‘‘(B) EXCLUSION.—The term ‘handler’ does
not include—
‘‘(i) a producer; or
‘‘(ii) a person, other than a packer (as
defined in section 201 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 191)), that
provides custom feeding services for a pro-
ducer.’’; and
(8) by adding at the end the following:
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.’’.
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SEC. 10102. PROHIBITED PRACTICES.
Section 4 of the Agricultural Fair Practices of 1967
(7 U.S.C. 2303) is amended—
(1) by redesignating subsections (a), (b), (c), (d),
(e), and (f) as paragraphs (1), (2), (3), (4), (5), and
(7), respectively, and indenting appropriately;
(2) in paragraph (1) (as so redesignated)—
(A) by striking ‘‘join and belong’’ each place
it appears and inserting ‘‘form, join, and be-
long’’; and
(B) by striking ‘‘joining or belonging’’ and
inserting ‘‘forming, joining, or belonging’’; and
(3) by inserting after paragraph (5) (as so redes-
ignated) the following:
‘‘(6) To fail to bargain in good faith with an as-
sociation of producers; or’’.
SEC. 10103. ENFORCEMENT.
The Agricultural Fair Practices Act of 1967 is
amended—
(1) by striking sections 5 and 6 (7 U.S.C. 2304,
2305); and
(2) by inserting after section 4 the following:
‘‘SEC. 5. ENFORCEMENT.
‘‘(a) CIVIL ACTIONS BY THE SECRETARY AGAINST
HANDLERS.—In any case in which the Secretary has rea-
sonable cause to believe that a handler or group of handlers
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has engaged in any act or practice that violates this Act,
the Secretary may bring a civil action in United States
district court by filing a complaint requesting preventive
relief, including an application for a permanent or tem-
porary injunction, restraining order, or other order, against
the handler.
‘‘(b) CIVIL ACTIONS AGAINST HANDLERS.—
‘‘(1) PREVENTIVE RELIEF.—
‘‘(A) IN GENERAL.—In any case in which
any handler has engaged, or there are reasonable
grounds to believe that any handler is about to
engage, in any act or practice prohibited by this
Act, a civil action for preventive relief, including
an application for a permanent or temporary
injunction, restraining order, or other order,
may be instituted by the person aggrieved in
United States district court.
‘‘(B) SECURITY.—The court may provide
that no restraining order or preliminary injunc-
tion shall issue unless security is provided by the
applicant, in such sum as the court determines
to be appropriate, for the payment of such costs
and damages as may be incurred or suffered by
any party that is found to have been wrongfully
enjoined or restrained.
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‘‘(2) DAMAGES.—
‘‘(A) IN GENERAL.—Any person injured in
the business or property of the person by reason
of any violation of, or combination or conspiracy
to violate, this Act may bring a civil action in
United States district court to recover—
‘‘(i) damages sustained by the person
as a result of the violation; and
‘‘(ii) any additional penalty that the
court may allow, but not more than $1,000
per violation.
‘‘(B) LIMITATION ON ACTIONS.—A civil ac-
tion under subparagraph (A) shall be barred un-
less commenced within 4 years after the cause of
action accrues.
‘‘(3) ATTORNEYS’ FEES.—In any action com-
menced under paragraph (1) or (2), any person that
has violated this Act shall be liable to any person in-
jured as a result of the violation for the full amount
of the damages sustained as a result of the violation,
including costs of the litigation and reasonable attor-
neys’ fees.
‘‘(c) JURISDICTION OF DISTRICT COURTS.—The dis-
trict courts of the United States shall—