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[DOCID: f:h3329ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3329

  To require country of origin labeling of raw agricultural forms of 
                    ginseng, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2001

   Mr. Obey introduced the following bill; which was referred to the 
 Committee on Agriculture, and in addition to the Committee on Energy 
    and Commerce, 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 require country of origin labeling of raw agricultural forms of 
                    ginseng, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ginseng Truth in Labeling Act of 
2001''.

SEC. 2. DISCLOSURE OF COUNTRY OF ORIGIN.

    (a) Definition of Ginseng.--In this section, the term ``ginseng'' 
means any herb or herbal ingredient that--
            (1) is a part of any plant of the genus Panax; and
            (2) is offered for sale in or as a food or dietary 
        supplement under the name of ``ginseng''.
    (b) Disclosure.--
            (1) In general.--A person that offers ginseng for sale as a 
        raw agricultural commodity shall disclose to potential 
        purchasers the country of origin of the ginseng.
            (2) Importation.--A person that imports ginseng into the 
        United States shall disclose the country of origin of the 
        ginseng at the point of entry of the United States, in 
        accordance with section 304 of the Tariff Act of 1930 (19 
        U.S.C. 1304).
    (c) Manner of Disclosure.--
            (1) In general.--The disclosure required by subsection (b) 
        shall be provided to potential purchasers by means of a label, 
        stamp, mark, placard, or other clear and visible sign on the 
        ginseng or on the package, display, holding unit, or bin 
        containing the ginseng.
            (2) Existing labeling.--If ginseng is labeled regarding 
        country of origin by the packer or importer or another person, 
        a retailer of the ginseng shall not be required to provide any 
        additional disclosure to comply with subsection (b).
            (3) Regulations.--The Secretary of Agriculture may by 
        regulation prescribe with specificity the manner in which 
        disclosure shall be made in transactions at wholesale or retail 
        (including transactions by mail, telephone, or Internet or in 
        retail stores).
    (d) Failure To Disclose.--The Secretary of Agriculture may impose 
on a person that fails to comply with subsection (b) a civil penalty of 
not more than--
            (1) $1,000 for the first day on which the failure to 
        disclose occurs; and
            (2) $250 for each day on which the failure to disclose 
        continues.

SEC. 3. LABELING.

    (a) Use of the Name Ginseng.--Section 403B of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 343-2) is amended--
            (1) in subsection (a), by redesignating paragraphs (1), 
        (2), (3), (4), and (5) as subparagraphs (A), (B), (C), (D), and 
        (E), respectively, and indenting appropriately;
            (2) by striking the section heading and all that follows 
        through ``A publication'' and inserting the following:

``SEC. 403B. DIETARY SUPPLEMENT LABELING.

    ``(a) Exemptions.--
            ``(1) In general.--A publication'';
            (3) by striking ``(b) Application.--Subsection (a) shall'' 
        and inserting the following:
            ``(2) Applicability.--Paragraph (1) does'';
            (4) by striking ``(c) Burden of Proof.--In any proceeding 
        brought under subsection (a),'' and inserting the following:
            ``(3) Burden of proof.--In a proceeding to determine 
        whether a publication does not constitute labeling by reason of 
        paragraph (1),''; and
            (5) by adding at the end the following:
    ``(b) Use of the Name Ginseng.--For the purposes of section 403, 
the name `ginseng' or any name that includes the word `ginseng' shall 
be used in reference only to an herb or herbal ingredient that--
            ``(1) is a part of a plant of 1 of the species of the genus 
        Panax; and
            ``(2) is produced in compliance with United States law 
        regarding the use of pesticides.''.
    (b) Enforcement Plan.--Not later than 180 days after the date of 
enactment of this Act, the United States Commissioner of Customs, the 
Commissioner of Food and Drugs, the Administrator of the Environmental 
Protection Agency, the Attorney General, and the Federal Trade 
Commission shall jointly submit to Congress a plan to achieve effective 
enforcement of the law prohibiting the importation of dietary 
supplements mislabeled as ginseng.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the 
date that is 180 days after the date of enactment of this Act.
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