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Full Text of this Amendment

SA 3686. Mr. FEINGOLD (for himself and Mr. KOHL) submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 1208, between lines 10 and 11, insert the following:
SEC. 10004. DISCLOSURE OF COUNTRY OF HARVEST FOR GINSENG.
(a) In General.--The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
``Subtitle E--Ginseng


``SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.
``(a) Definitions.--In this section:
``(1) GINSENG.--The term `ginseng' means 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 or dehydrated whole root 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 or dehydrated whole root 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 consumer of 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) Fines.--The Secretary may, after providing notice and an opportunity for a hearing before the Secretary, fine a person subject to subsection (b), or a person supplying ginseng to such a person, in an amount of not more than $1,000 for each violation if the Secretary determines that the person--
``(1) has not made a good faith effort to comply with subsection (b); and
``(2) continues to willfully violate subsection (b).
``(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).''.
(b) Effective Date.--This section and the amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.


(As printed in the Congressional Record for the Senate on Nov 15, 2007.)