article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat Promotion Act of 2005''. SEC. 2. VOLUNTARY PROGRAM FOR COUNTRY OF ORIGIN LABELING FOR MEAT. (a) Establishment.--The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle E--Country of Origin Labeling for Meat ``SEC. 291. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered meat product.--The term `covered meat product' means ground beef, ground pork, ground lamb, and fresh muscle cuts of beef, pork, and lamb. ``(3) Lamb.--The term `lamb' means meat produced from sheep. ``(4) Pork.--The term `pork' means meat produced from swine. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``SEC. 292. VOLUNTARY PROGRAM. ``The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. ``SEC. 293. LABEL. ``For purposes of the program established under section 292, the Secretary shall-- ``(1) design a label to be used to designate the country of origin of covered meat products; and ``(2) require persons participating in the program to use the label designed under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. ``SEC. 294. LIMITATION ON USE OF UNITED STATES AS COUNTRY OF ORIGIN. ``A person participating in the program established under section 292 may not designate a covered meat product as having the United States as the country of origin unless the covered meat product is derived exclusively from-- ``(1) an animal born, raised, and slaughtered in the United States; or ``(2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States. ``SEC. 295. VERIFICATION. ``The Secretary may require participants in the program established under section 292 to maintain a recordkeeping audit trail that will permit the Secretary to verify compliance with the program. ``SEC. 296. ENFORCEMENT. ``(a) Civil Penalty.-- ``(1) Assessment.--The Secretary may assess a civil penalty against a participant in the program established under section 292 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 during which a violation of the program continues shall be considered to be a separate violation. ``(b) Notice and Hearing.--The Secretary shall not assess a civil penalty under this section against a person unless the person is given notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation for which the person is being assessed. ``SEC. 297. REGULATIONS. ``Not later than 180 days after the date of the enactment of the Meat Promotion Act of 2005, the Secretary shall promulgate regulations to carry out the program established under section 292.''. (b) Conforming Amendments.--Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended-- (1) in the heading to read as follows: ``Subtitle D--Country of Origin Labeling for Fish, Perishable Agricultural Commodities, and Peanuts''. (2) in section 281-- (A) by striking paragraphs (1), (5), and (7); (B) in paragraph (2)(A)-- (i) by striking clauses (i) and (ii); and (ii) by redesignating clauses (iii), (iv), (v), and (vi) as clauses (i), (ii), (iii), and (iv), respectively; and (C) by redesignating paragraphs (2), (3), (4), (6), (8), and (9) as paragraphs (1), (2), (3), (4), (5), and (6), respectively; and (3) in section 282-- (A) in subsection (a)(2)-- (i) by striking subparagraphs (A) and (B); and (ii) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (A), (B), and (C), respectively; and (B) in subsection (f)(2)-- (i) by striking subparagraphs (A), (B), and (C); and (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (A) and (B).
summary: Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.