article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Country of Origin Labeling Amendment Act of 2003''. SEC. 2. REVISED COUNTRY OF ORIGIN LABELING REQUIREMENTS. The Agricultural Marketing Act of 1946 is amended by striking subtitle D (7 U.S.C. 1638 et seq.) and inserting the following new subtitle: ``Subtitle D--Country of Origin Labeling ``SEC. 281. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered commodity.-- ``(A) In general.--The term `covered commodity' means-- ``(i) muscle cuts of beef, lamb, and pork; ``(ii) ground beef, ground lamb, and ground pork; ``(iii) farm-raised fish; ``(iv) wild fish; ``(v) a perishable agricultural commodity; and ``(vi) peanuts. ``(B) Exclusions.--The term `covered commodity' does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item. ``(3) Farm-raised fish.--The term `farm-raised fish' includes-- ``(A) farm-raised shellfish; and ``(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. ``(4) Food service establishment.--The term `food service establishment' means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. The term may include a retailer, but only to the extent that the retailer provides a salad bar or prepared-food bar containing ready-to-eat food that the consumer packages for purchase. ``(5) Lamb.--The term `lamb' means meat, other than mutton, produced from sheep. ``(6) Perishable agricultural commodity; retailer.--The terms `perishable agricultural commodity' and `retailer' have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). ``(7) Pork.--The term `pork' means meat produced from hogs. ``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Agricultural Marketing Service. ``(9) Wild fish.-- ``(A) In general.--The term `wild fish' means naturally born or hatchery-raised fish harvested in the wild and shellfish harvested in the wild. ``(B) Inclusions.--The term `wild fish' includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish. ``(C) Exclusions.--The term `wild fish' excludes netpen aquacultural or other farm-raised fish. ``SEC. 282. NOTICE OF COUNTRY OF ORIGIN. ``(a) Notice of Country of Origin Required.--Except as provided in subsection (c), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity. ``(b) United States Country of Origin.--A retailer of a covered commodity may designate the covered commodity as having a United States country of origin only if the covered commodity-- ``(1) in the case of beef, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States (including from an animal exclusively born and raised in Alaska or Hawaii and transported for a period not to exceed 60 days through Canada to the United States and slaughtered in the United States); ``(2) in the case of lamb and pork, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States; ``(3) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; ``(4) in the case of wild fish-- ``(A) is harvested in the United States or a territory of the United States, if the wild fish is harvested in a river, stream, or lake; or ``(B) is harvested by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States, if the wild fish is harvested at sea; and ``(5) in the case of a perishable agricultural commodity or peanuts, is exclusively produced in the United States. ``(6) 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. ``(c) Exemption for Food Service Establishments.--Subsection (a) shall not apply to a covered commodity if the covered commodity is-- ``(1) prepared or served in a food service establishment; and ``(2)(A) offered for sale or sold at the food service establishment in normal retail quantities; or ``(B) served to consumers at the food service establishment. ``(d) Method of Notification.-- ``(1) In general.--The information required by subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the covered commodity or on the package, display, holding unit, or bin containing the commodity at the final point of sale to consumers. ``(2) Labeled commodities.--If the covered commodity is already individually or otherwise labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section. ``(e) Use of Existing Records to Verify Compliance.--The Secretary shall use existing records, such as inventory and tax records, to verify that any person that prepares, stores, handles, or distributes a covered commodity for retail sale complies with this subtitle, including the regulations promulgated under section 284(b). Such records may be maintained at the point of sale or at a centralized distribution center. ``(f) Information on Country of Origin.--Any person engaged in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity. ``(g) Certification of Origin.-- ``(1) Certification program.--The Secretary shall carry out a program that provides for the self-certification by producers of the country of origin of covered commodities. In establishing the program, the Secretary shall use as a model the procedures contained in part 589.2000 of title 21, Code of Federal Regulations, regarding animal proteins prohibited in ruminant feed. ``(2) Third party audits.--Except as provided in paragraph (3), the Secretary shall prohibit any third party audit or verification of producer compliance with country of origin labeling. ``(3) Verification.--To verify producer compliance with country of origin requirements under the certification program, the Secretary shall use Department of Agriculture records of imports and existing producer records, such as tax records, sale receipts, brand records, feed bills, birth records, receiving records, breeding stock records, health records, or animal inventory records. ``(h) Producer Protection.--A retailer or other person subject to this section may not require, as a condition of the purchase of beef, lamb, or pork or of live cattle, hogs, or sheep from a producer or packer, that the producer or packer-- ``(1) indemnify the retailer or other person from any liability arising from a violation of this section; or ``(2) produce records or other documentation to verify the country of origin of the beef, lamb, or pork or of the live cattle, hogs, or sheep. ``SEC. 283. ENFORCEMENT. ``(a) In General.--Except as provided in subsections (b) and (c), section 253 shall apply to a violation of this subtitle in addition to violations of subtitle B. ``(b) Warnings.--If the Secretary determines that a retailer is in violation of section 282, the Secretary shall-- ``(1) notify the retailer of the determination of the Secretary; and ``(2) provide the retailer a 30-day period, beginning on the date on which the retailer receives the notice under paragraph (1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. ``(c) Civil Penalty.--If, on completion of the 30-day period described in subsection (b)(2), the Secretary determines that the retailer has willfully violated section 282, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may assess a civil penalty against the retailer in an amount of $100 for the first day of the violation. The civil penalty amount shall double for each subsequent day that the retailer is in noncompliance for the same violation, except that the total amount of the civil penalty assessed for a single violation may not exceed $5,000. ``(d) Adulteration and Misbranding.--The Secretary may not treat a covered commodity as either adulterated or misbranded under the Federal Meat Inspection Act (7 U.S.C. 601 et seq.) or any other provision of law by reason of the failure of the covered commodity to comply with the country of origin requirements of section 282. ``SEC. 284. REGULATIONS. ``(a) Regulations.--Not later than September 30, 2004, the Secretary shall promulgate such regulations as are necessary to implement this subtitle. ``(b) Partnerships With States.--In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. ``SEC. 285. APPLICABILITY. ``This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2004.''.
summary: Country of Origin Labeling Amendment Act of 2003 - Amends the Agricultural Marketing Act of 1946 to revise country of origin labeling provisions, including: (1) specifying the model certification of origin program; (2) specifying producer protections; (3) reducing maximum retailer fines; (4) prohibiting treatment of country of origin violations as adulteration or misbranding; and (5) extending the implementing guideline deadline.