119-s1230

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1230 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1230

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

 April 1 (legislative day, March 31), 2025

 Mr. Thune (for himself, Ms. Baldwin, Mr. Marshall, and Ms. Smith) 
introduced the following bill; which was read twice and referred to the 
 Committee 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Safeguarding American Food and 
Export Trade Yields Act of 2025'' or the ``SAFETY Act of 2025''.

SEC. 2. PRESERVING FOREIGN MARKETS FOR GOODS USING COMMON NAMES.

    (a) 

=== Definitions. ===
-

Section 102 of the Agricultural Trade Act of 1978 
(7 U.S.C. 5602) is amended--

    (1) in the matter preceding paragraph

    (1) , by striking ``As 
 used in this Act--'' and inserting ``In this Act:'';

    (2) by redesignating paragraphs

    (2) through

    (8) as 
 paragraphs

    (3) ,

    (5) ,

    (6) ,

    (7) ,

    (8) ,

    (9) , and

    (4) , respectively, 
 and reordering accordingly;

    (3) by inserting after paragraph

    (1) the following:
 ``

    (2) Common name.--
 ``
        (A) In general.--The term `common name' means a 
 name that--
 ``
            (i) is ordinarily or customarily used for 
 an agricultural commodity or food product;
 ``
            (ii) is typically placed on the packaging 
 and product label of the agricultural commodity 
 or food product;
 ``
            (iii) with respect to wine--
 ``
            (I) is--
 ``

    (aa) ordinarily or 
 customarily used for a wine 
 grape varietal name; or
 ``

    (bb) a traditional term 
 or expression that is typically 
 placed on the packaging and 
 label of the wine; and
 ``
            (II) does not mean any 
 appellation of origin for wine listed 
 in subpart C of part 9 of title 27, 
 Code of Federal Regulations (or 
 successor regulations); and
 ``
            (iv) the use of which is consistent with 
 standards of the Codex Alimentarius Commission.
 ``
        (B) Examples.--The following names shall be 
 considered common names under subparagraph
        (A) :
 ``
            (i) With respect to food products:
 ``
            (I) American.
 ``
            (II) Asiago.
 ``
            (III) Basmati.
 ``
            (IV) Black forest ham.
 ``
            (V) Bologna.
 ``
            (VI) Bratwurst.
 ``
            (VII) Chevre.
 ``
            (VIII) Chorizo.
 ``
            (IX) Colby.
 ``
            (X) Feta.
 ``
            (XI) Fontina.
 ``
            (XII) Gorgonzola.
 ``
            (XIII) Grana.
 ``
            (XIV) Gruyere.
 ``
            (XV) Kielbasa.
 ``
            (XVI) Limburger and Limburgo.
 ``
            (XVII) Mascarpone.
 ``
            (XVIII) Monterey and Monterey 
 jack.
 ``
            (XIX) Mortadella.
 ``
            (XX) Munster and muenster.
 ``
            (XXI) Neufchatel.
 ``
            (XXII) Parmesan.
 ``
            (XXIII) Pecorino.
 ``
            (XXIV) Pepper Jack.
 ``
            (XXV) Prosciutto.
 ``
            (XXVI) Ricotta.
 ``
            (XXVII) Romano.
 ``
            (XXVIII) Salami.
 ``
            (XXIX) Swiss.
 ``
            (ii) With respect to wine:
 ``
            (I) The list of grape varietal 
 terms in 

section 4.91 of title 27, Code 
 of Federal Regulations (or a successor 
 regulation).
 ``
            (II) The grape variety 
 designations administratively approved 
 by the Alcohol and Tobacco Tax and 
 Trade Bureau.
 ``
            (III) The following nonvarietal 
 descriptors:
 ``

    (aa) Chateau.
 ``

    (bb) Classic.
 ``
            (cc) Clos.
 ``
            (dd) Cream.
 ``

    (ee) Crusted and 
 Crusting.
 ``

    (ff) Noble.
 ``

    (gg) Ruby.
 ``

    (hh) Sur lie.
 ``
            (ii) Tawny.
 ``

    (jj) Vintage.
 ``

    (kk) Vintage character.
 ``
            (iii) With respect to beer:
 ``
            (I) Bitter.
 ``
            (II) Pale Ale.
 ``
            (III) India Pale Ale.
 ``
            (IV) Mild.
 ``
            (V) Porter.
 ``
            (VI) Stout.
 ``
            (VII) Barleywine.
 ``
            (VIII) Dubbel.
 ``
            (IX) Quadrupel.
 ``
            (X) Witbier.
 ``
            (XI) Saison.
 ``
            (XII) Biere de Garde.
 ``
            (XIII) Oud Red.
 ``
            (XIV) Altbier.
 ``
            (XV) Weisse.
 ``
            (XVI) Gose.
 ``
            (XVII) Hefeweizen.
 ``
            (XVIII) Dunkel.
 ``
            (XIX) Helles.
 ``
            (XX) Rauchbier.
 ``
            (XXI) Pilsener.
 ``
            (XXII) Maerzen.
 ``
            (XXIII) Schwarzbier.
 ``
            (XXIV) Doppelbock.
 ``
            (XXV) Bock.
 ``
            (XXVI) Kellerbier.
 ``
            (XXVII) Munchener and Munich 
 style.
 ``
            (XXVIII) Oktoberfest.
 ``
            (XXIX) Dortmunder.
 ``
            (XXX) Kolsch and Koelsch.
 ``
            (XXXI) Budejovick'e pivo 
 (Budweiser beer).
 ``
            (XXXII) Cream.
 ``
            (XXXIII) Grodziskie.
 ``
            (XXXIV) Jerez and sherry.
 ``
            (XXXV) Lager.
 ``
            (C) Considerations.--In making a determination 
 under subparagraph
        (A) , the Secretary may take into 
 account--
 ``
            (i) competent sources, such as 
 dictionaries, newspapers, professional journals 
 and literature, and information posted on 
 websites that are determined by the Secretary 
 to be reliable in reporting market information;
 ``
            (ii) the use of the common name in a 
 domestic, regional, or international product 
 standard, including a standard promulgated by 
 the Codex Alimentarius Commission, for the 
 agricultural commodity or food product; and
 ``
            (iii) the ordinary and customary use of 
 the common name in the production or marketing 
 of the agricultural commodity or food product 
 in the United States or in other countries.''; 
 and

    (4) in paragraph

    (7) (as so redesignated), in subparagraph
        (A) --
        (A) in clause
            (v) , by striking ``or'' at the end;
        (B) in clause
            (vi) , by striking the period at the 
 end and inserting ``; or''; and
            (C) by adding at the end the following:
 ``
            (vii) prohibits or disallows the use of 
 the common name of an agricultural commodity or 
 food product of the United States.''.

    (b) Negotiations To Defend Use of Common Names.--Title III of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5652 et seq.) is amended by 
adding at the end the following:

``

SEC. 303. NEGOTIATIONS TO DEFEND THE USE OF COMMON NAMES.

 ``

    (a) In General.--The Secretary shall coordinate efforts with the 
United States Trade Representative to secure the right of United States 
agricultural producers, processors, and exporters to use common names 
for agricultural commodities or food products in foreign markets 
through the negotiation of bilateral, plurilateral, or multilateral 
agreements, memoranda of understanding, or exchanges of letters that 
assure the current and future use of each common name in connection 
with United States agricultural commodities or food products.
 ``

    (b) Briefing.--The Secretary and the United States Trade 
Representative shall jointly provide to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate, the Committee on Finance of the 
Senate, the Committee on Agriculture of the House of Representatives, 
and the Committee on Ways and Means of the House of Representatives a 
semi-annual briefing on their efforts and success in carrying out 
subsection

    (a) .''.
 <all>