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