II
118THCONGRESS
1
STSESSION 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
MAY17, 2023
Mr. T
HUNE(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
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•S 1652 IS
SEC. 2. PRESERVING FOREIGN MARKETS FOR GOODS 1
USING COMMON NAMES. 2
(a) D
EFINITIONS.—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) C
OMMON NAME.— 13
‘‘(A) I
N 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
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•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) C
ONSIDERATIONS.—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
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•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) N
EGOTIATIONSTODEFENDUSE OFCOMMON 23
N
AMES.—Title III of the Agricultural Trade Act of 1978 24
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•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) I
NGENERAL.—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) R
EPORT.—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
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