text: 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.''.
target: 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.
feat_title: To amend the country-of origin labeling requirements of the Agricultural Marketing Act of 1946 to specify the model upon which the certification program for producers shall be based, to facilitate verification of compliance with the requirements, to impose a schedule of penalties for violation of the requirements, and for other purposes.