To amend the Agricultural Manufacturing Act of 1946 to require labeling of raw agricultural forms of ginseng, including the country of harvest, and for other purposes.
Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To amend the Agricultural Manufacturing Act of 1946 to require labeling of raw agricultural forms of ginseng, including the country of harvest, and for other purposes.
`(a) Definitions- In this section:
`(1) GINSENG- The term `ginseng' means an herb or herbal ingredient that is derived from 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 shall disclose to a potential purchaser the country of harvest of the ginseng.
`(2) IMPORTATION- A person that imports ginseng as a raw agricultural commodity 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 harvested.
`(c) Manner of Disclosure-
`(1) IN GENERAL- The disclosure required by subsection (b) shall be provided to a potential purchaser 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 containing 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 disclosure to a retail purchaser of the ginseng.
`(3) REGULATIONS- The Secretary shall by regulation prescribe with specificity the manner in which disclosure shall be made in a transaction at the wholesale or retail level (including a transaction by mail, telephone, internet, or in retail stores).
`(d) Failure To Disclose- The Secretary may impose on a person that fails to comply with subsection (b) a civil penalty in an amount of not more than--
`(1) $1,000 for the first day on which the failure to disclose occurs; and
`(2) $250 for each subsequent day on which the failure to disclose continues.
`(e) Information- The Secretary shall make information available to wholesalers, importers, retailers, trade associations, and other interested persons concerning the requirements of this section (including regulations promulgated to carry out this section).'.
U.S. Congress - Text of S.1953 as Introduced in Senate Ginseng Harvest Labeling Act of 2007
