origin information if a majority of the perish-
able agricultural commodities therein bear 
country of origin labels; and 
‘‘(B) label information regarding a State, 
region, or locality of the United States as infor-
mation sufficient to identify the United States 
as the country of origin. 
‘‘(f) USE
AND
AVAILABILITY
OF
SURVEY
RE-
SULTS.—
‘‘(1) REPORT
TO
CONGRESS.—The Secretary 
shall submit to the Committee on Agriculture of the 
House of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate a 
report containing the results of each survey con-
ducted under subsection (e). 
‘‘(2) SUBSEQUENT SURVEYS.—
‘‘(A) 
DETERMINATION
OF
CONSUMER 
AWARENESS.—In other than the first survey 
conducted under subsection (e), if the Secretary 
makes a determination that consumers cannot 
reasonably ascertain the country of origin of a 
substantial majority of perishable agricultural 
commodities, the Secretary shall include in the 
report submitted under paragraph (1) with re-
spect to that survey—
‘‘(i) specific action steps that would 
provide the perishable agricultural com-
modity distribution chain with incentives to 
increase country of origin labeling levels; 
and 
‘‘(ii) proposed guidelines that would 
increase the use of country of origin identi-
fication labels. 
‘‘(B) EFFECT OF FAILURE TO ASCERTAIN 
COUNTRY OF ORIGIN.—If the Secretary makes 
the determination that consumers cannot rea-
sonably ascertain the country of origin of a sub-
stantial majority of perishable agricultural com-
modities in two consecutive surveys conducted 
under subsection (e), the Secretary shall include 
in the report submitted under paragraph (1) 
with respect to the second of the two surveys 
such recommendations as the Secretary deter-
mines appropriate regarding ways to increase 
labeling to achieve that goal. 
‘‘(C) EFFECT OF ABILITY TO ASCERTAIN 
COUNTRY OF ORIGIN.—If the Secretary makes 
the determination that consumers can reason-
ably ascertain the country of origin of a sub-
stantial majority of perishable agricultural com-
modities in two consecutive surveys conducted 
under subsection (e), the Secretary shall no 
longer be required to conduct surveys under 
such subsection. 
‘‘(3) PUBLIC
AVAILABILITY.—The Secretary 
shall make the results of each survey conducted 
under subsection (e) available to the perishable agri-
cultural commodity industry and the public. 
‘‘SEC. 284. VERIFICATION. 
‘‘The Secretary of Agriculture may require partici-
pants in a program of country of origin labeling under 
section 281, 282, or 283 to maintain a verifiable record-
keeping audit trail that will permit the Secretary to verify 
compliance with the program. 
‘‘SEC. 285. ENFORCEMENT. 
‘‘(a) CIVIL PENALTY.—
‘‘(1) ASSESSMENT.—The Secretary of Agri-
culture may assess a civil penalty against a partici-
pant in a program of country of origin labeling 
under section 281, 282, or 283 that purposely or 
knowingly violates the terms of the program. 
‘‘(2) AMOUNT OF PENALTY.—The amount of 
the civil penalty assessed under paragraph (1) may 
not exceed $10,000 for each violation.
‘‘(3) CONTINUING VIOLATION.—Each day dur-
ing which a violation continues shall be considered to 
be a separate violation. 
‘‘(b) NOTICE AND HEARING.—The Secretary may not 
assess a penalty under subsection (a) against a person un-
less the person is given notice and an opportunity for a 
hearing in accordance with section 554 of title 5, United 
States Code, with respect to the violation.’’.
Æ