SAVE Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1652 To amend the Agricultural Trade Act of 1978 to preserve foreign markets for goods using common names, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 17, 2023 Mr. THUNE (for himself, Ms. BALDWIN, Mr. MARSHALL, and Ms. SMITH) in- troduced the following bill; which was read twice and referred to the Com- mittee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Trade Act of 1978 to preserve foreign markets for goods using common names, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safeguarding Amer- 4 ican Value-added Exports Act of 2023’’ or the ‘‘SAVE Act 5 of 2023’’. 6 VerDate Sep 11 2014 04:16 Jun 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1652.IS S1652 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1652 IS SEC. 2. PRESERVING FOREIGN MARKETS FOR GOODS 1 USING COMMON NAMES. 2 (a) DEFINITIONS.—Section 102 of the Agricultural 3 Trade Act of 1978 (7 U.S.C. 5602) is amended— 4 (1) in the matter preceding paragraph (1), by 5 striking ‘‘As used in this Act—’’ and inserting ‘‘In 6 this Act:’’; 7 (2) by redesignating paragraphs (2) through 8 (8) as paragraphs (3), (5), (6), (7), (8), (9), and 9 (4), respectively, and reordering accordingly; 10 (3) by inserting after paragraph (1) the fol- 11 lowing: 12 ‘‘(2) COMMON NAME.— 13 ‘‘(A) IN GENERAL.—The term ‘common 14 name’ means a name that, as determined by the 15 Secretary— 16 ‘‘(i) is ordinarily or customarily used 17 for an agricultural commodity or food 18 product; 19 ‘‘(ii) is typically placed on the pack- 20 aging and product label of the agricultural 21 commodity or food product; 22 ‘‘(iii) with respect to wine— 23 ‘‘(I) is— 24 VerDate Sep 11 2014 04:16 Jun 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1652.IS S1652 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1652 IS ‘‘(aa) ordinarily or custom- 1 arily used for a wine grape vari- 2 etal name; or 3 ‘‘(bb) a traditional term or 4 expression that is typically placed 5 on the packaging and label of the 6 wine; and 7 ‘‘(II) does not mean any appella- 8 tion of origin for wine listed in sub- 9 part C of part 9 of title 27, Code of 10 Federal Regulations (or successor reg- 11 ulations); and 12 ‘‘(iv) the use of which is consistent 13 with standards of the Codex Alimentarius 14 Commission. 15 ‘‘(B) CONSIDERATIONS.—In making a de- 16 termination under subparagraph (A), the Sec- 17 retary may take into account— 18 ‘‘(i) competent sources, such as dic- 19 tionaries, newspapers, professional journals 20 and literature, and information posted on 21 websites that are determined by the Sec- 22 retary to be reliable in reporting market 23 information; 24 VerDate Sep 11 2014 04:16 Jun 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1652.IS S1652 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1652 IS ‘‘(ii) the use of the common name in 1 a domestic, regional, or international prod- 2 uct standard, including a standard promul- 3 gated by the Codex Alimentarius Commis- 4 sion, for the agricultural commodity or 5 food product; and 6 ‘‘(iii) the ordinary and customary use 7 of the common name in the production or 8 marketing of the agricultural commodity or 9 food product in the United States or in 10 other countries.’’; and 11 (4) in paragraph (7) (as so redesignated), in 12 subparagraph (A)— 13 (A) in clause (v), by striking ‘‘or’’ at the 14 end; 15 (B) in clause (vi), by striking the period at 16 the end and inserting ‘‘; or’’; and 17 (C) by adding at the end the following: 18 ‘‘(vii) prohibits or disallows the use of 19 the common name of an agricultural com- 20 modity or food product of the United 21 States.’’. 22 (b) NEGOTIATIONS TO DEFEND USE OF COMMON 23 NAMES.—Title III of the Agricultural Trade Act of 1978 24 VerDate Sep 11 2014 04:16 Jun 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1652.IS S1652 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1652 IS (7 U.S.C. 5652 et seq.) is amended by adding at the end 1 the following: 2 ‘‘SEC. 303. NEGOTIATIONS TO DEFEND THE USE OF COM- 3 MON NAMES. 4 ‘‘(a) IN GENERAL.—The Secretary shall coordinate 5 efforts with the United States Trade Representative to se- 6 cure the right of United States agricultural producers, 7 processors, and exporters to use common names for agri- 8 cultural commodities or food products in foreign markets 9 through the negotiation of bilateral, plurilateral, or multi- 10 lateral agreements, memoranda of understanding, or ex- 11 changes of letters that assure the current and future use 12 of each common name identified by the Secretary in con- 13 nection with United States agricultural commodities or 14 food products. 15 ‘‘(b) REPORT.—The Secretary and the United States 16 Trade Representative shall submit to Congress a report 17 every 2 years regarding efforts and successes in carrying 18 out subsection (a).’’. 19 Æ VerDate Sep 11 2014 04:16 Jun 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1652.IS S1652 pbinns on DSKJLVW7X2PROD with $$_JOB