7 U.S.C. § 1638 — Definitions

Page 942 TITLE 7—AGRICULTURE § 1638 1 So in original. The word ‘‘and’’ probably should not appear. publish a report containing the information obtained under this section for the preceding week. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Aug. 14, 1946, ch. 966, title II, § 273, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2542; amend- ed Pub. L. 110–234, title I, § 1510, May 22, 2008, 122 Stat. 999; Pub. L. 110–246, § 4(a), title I, § 1510, June 18, 2008, 122 Stat. 1664, 1728; Pub. L. 111–239, § 3(a), Sept. 27, 2010, 124 Stat. 2502.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2010—Subsec. (d). Pub. L. 111–239 amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘(1) IN GENERAL.—Subject to the availability of funds under paragraph (3), the Secretary shall establish an electronic reporting system to carry out this section. ‘‘(2) FREQUENCY OF REPORTS.—After the establishment of the electronic reporting system in accordance with paragraph (1), the Secretary shall increase the fre- quency of the reports required under this section. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are nec- essary to carry out this subsection.’’ 2008—Subsec. (c)(3). Pub. L. 110–246, § 1510(b), added par. (3) and struck out former par. (3). Prior to amend- ment, text read as follows: ‘‘The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or re- ported under this subchapter.’’ Subsecs. (d), (e). Pub. L. 110–246, § 1510(a), added sub- sec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. IMPLEMENTATION OF ELECTRONIC REPORTING SYSTEM Pub. L. 111–239, § 3(b), Sept. 27, 2010, 124 Stat. 2502, pro- vided that: ‘‘Not later than one year after the date of enactment of this Act [Sept. 27, 2010], the Secretary of Agriculture shall implement the electronic reporting system required by subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b), as amended by subsection (a). Until the electronic report- ing system is implemented, the Secretary shall con- tinue to conduct mandatory dairy product information reporting under the authority of such section, as in ef- fect on the day before the date of enactment of this Act.’’ SUBCHAPTER IV—COUNTRY OF ORIGIN LABELING § 1638. Definitions In this subchapter: (1) Covered commodity (A) In general The term ‘‘covered commodity’’ means— (i) muscle cuts of lamb and venison; (ii) ground lamb and ground venison; (iii) farm-raised fish; (iv) wild fish; (v) a perishable agricultural commodity; (vi) peanuts; and 1 (vii) meat produced from goats; (viii) chicken, in whole and in part; (ix) ginseng; (x) pecans; and (xi) macadamia nuts. (B) Exclusions The term ‘‘covered commodity’’ does not include an item described in subparagraph (A) if the item is an ingredient in a proc- essed food item. (2) 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. (3) 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 enter- prise engaged in the business of selling food to the public. (4) Lamb The term ‘‘lamb’’ means meat, other than mutton, produced from sheep. (5) Perishable agricultural commodity; retailer The terms ‘‘perishable agricultural com- modity’’ and ‘‘retailer’’ have the meanings given the terms in section 499a(b) of this title. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Agricul- tural Marketing Service. (7) Wild fish (A) In general The term ‘‘wild fish’’ means naturally- born or hatchery-raised fish 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 net-pen aquacultural or other farm-raised fish. (Aug. 14, 1946, ch. 966, title II, § 281, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533; amended Pub. L. 110–234, title XI, § 11002(1), May 22, 2008, 112 Stat. 1351; Pub. L. 110–246, § 4(a), title XI, § 11002(1), June 18, 2008, 122 Stat. 1664, 2113; Pub. L. 113–79, title XII, § 12104(b)(1), Feb. 7, 2014, 128 Stat. 979; Pub. L. 114–113, div. A, title VII, § 759(a), Dec. 18, 2015, 129 Stat. 2284.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. Page 943 TITLE 7—AGRICULTURE § 1638a L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2015—Pub. L. 114–113 redesignated pars. (2), (3), (4), (5), (6), (8), and (9) as pars. (1), (2), (3), (4), (5), (6), and (7), respectively, in par. (1)(A)(i) struck out references to beef and pork, in par. (1)(A)(ii) struck out references to ground beef and ground pork, and struck out former pars. (1) and (7), which defined ‘‘beef’’ and ‘‘pork’’, re- spectively . 2014—Par. (2)(A)(i). Pub. L. 113–79, § 12104(b)(1)(A), sub- stituted ‘‘pork, and venison’’ for ‘‘and pork’’. Par. (2)(A)(ii). Pub. L. 113–79, § 12104(b)(1)(B), sub- stituted ‘‘ground pork, and ground venison’’ for ‘‘and ground pork’’. 2008—Par. (2)(A)(vii) to (xi). Pub. L. 110–246, § 11002(1), added cls. (vii) to (xi). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. § 1638a. Notice of country of origin (a) In general (1) Requirement Except as provided in subsection (b), a re- tailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the coun- try of origin of the covered commodity. (2) Designation of country of origin for lamb, chicken, goat, and venison meat (A) United States country of origin A retailer of a covered commodity that is lamb, chicken, goat, or venison meat may designate the covered commodity as exclu- sively having a United States country of ori- gin only if the covered commodity is derived from an animal that was— (i) exclusively born, raised, and slaugh- tered in the United States; (ii) born and raised in Alaska or Hawaii and transported for a period of not more than 60 days through Canada to the United States and slaughtered in the United States; or (iii) present in the United States on or before July 15, 2008, and once present in the United States, remained continuously in the United States. (B) Multiple countries of origin (i) In general A retailer of a covered commodity that is lamb, chicken, goat, or venison meat that is derived from an animal that is— (I) not exclusively born, raised, and slaughtered in the United States, (II) born, raised, or slaughtered in the United States, and (III) not imported into the United States for immediate slaughter, may designate the country of origin of such covered commodity as all of the countries in which the animal may have been born, raised, or slaughtered. (ii) Relation to general requirement Nothing in this subparagraph alters the mandatory requirement to inform con- sumers of the country of origin of covered commodities under paragraph (1). (C) Imported for immediate slaughter A retailer of a covered commodity that is lamb, chicken, goat, or venison meat that is derived from an animal that is imported into the United States for immediate slaughter shall designate the origin of such covered commodity as— (i) the country from which the animal was imported; and (ii) the United States. (D) Foreign country of origin A retailer of a covered commodity that is lamb, chicken, goat, or venison meat that is derived from an animal that is not born, raised, or slaughtered in the United States shall designate a country other than the United States as the country of origin of such commodity. (E) Ground lamb, chicken, goat, and venison The notice of country of origin for ground lamb, ground chicken, ground goat, or ground venison shall include— (i) a list of all countries of origin of such ground lamb, ground chicken, ground goat, or ground venison; or (ii) a list of all reasonably possible coun- tries of origin of such ground lamb, ground chicken, ground goat, or ground venison. (3) Designation of country of origin for fish (A) In general A retailer of a covered commodity that is farm-raised fish or wild fish may designate the covered commodity as having a United States country of origin only if the covered commodity— (i) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; and (ii) in the case of wild fish, is— (I) harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46 or registered in the United States; and (II) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is documented under chapter 121 of title 46 or registered in the United States. (B) Designation of 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. (4) Designation of country of origin for perish- able agricultural commodities, ginseng, peanuts, pecans, and macadamia nuts (A) In general A retailer of a covered commodity that is a perishable agricultural commodity, gin-