Sec. 2. Preserving foreign markets for goods using common names
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Section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ) is amended— in the matter preceding paragraph (1), by striking As used in this Act— and inserting In this Act: ; by redesignating paragraphs
(2)through
(8)as paragraphs (3), (5), (6), (7), (8), (9), and (4), respectively, and reordering accordingly; by inserting after paragraph
(1)the following: The term common name means a name that— is ordinarily or customarily used for an agricultural commodity or food product; is typically placed on the packaging and product label of the agricultural commodity or food product; with respect to wine— is— ordinarily or customarily used for a wine grape varietal name; or a traditional term or expression that is typically placed on the packaging and label of the wine; and 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 the use of which is consistent with standards of the Codex Alimentarius Commission. The following names shall be considered common names under subparagraph (A): With respect to food products: American. Asiago. Basmati. Black forest ham. Bologna. Bratwurst. Chevre. Chorizo. Colby. Feta. Fontina. Gorgonzola. Grana. Gruyere. Kielbasa. Limburger and Limburgo. Mascarpone. Monterey and Monterey jack. Mortadella. Munster and muenster. Neufchatel. Parmesan. Pecorino. Pepper Jack. Prosciutto. Ricotta. Romano. Salami. Swiss. With respect to wine: The list of grape varietal terms in section 4.91 of title 27, Code of Federal Regulations (or a successor regulation). The grape variety designations administratively approved by the Alcohol and Tobacco Tax and Trade Bureau. The following nonvarietal descriptors: Chateau. Classic. Clos. Cream. Crusted and Crusting. Noble. Ruby. Sur lie. Tawny. Vintage. Vintage character. With respect to beer: Bitter. Pale Ale. India Pale Ale. Mild. Porter. Stout. Barleywine. Dubbel. Quadrupel. Witbier. Saison. Biere de Garde. Oud Red. Altbier. Weisse. Gose. Hefeweizen. Dunkel. Helles. Rauchbier. Pilsener. Maerzen. Schwarzbier. Doppelbock. Bock. Kellerbier. Munchener and Munich style. Oktoberfest. Dortmunder. Kolsch and Koelsch. Budejovick´e pivo (Budweiser beer). Cream. Grodziskie. Jerez and sherry. Lager. In making a determination under subparagraph (A), the Secretary may take into account— 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; 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 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 in paragraph
(7)(as so redesignated), in subparagraph (A)— in clause (v), by striking or at the end; in clause (vi), by striking the period at the end and inserting ; or ; and by adding at the end the following: prohibits or disallows the use of the common name of an agricultural commodity or food product of the United States. . 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: 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. 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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