Text: S.2044 — 101st Congress (1989-1990)All Information (Except Text)

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S 2044 IS
101st CONGRESS
2d Session
S. 2044
To require tuna products to be labeled respecting the method used to catch
the tuna, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 30 (legislative day, JANUARY 23), 1990
Mr. BIDEN (for himself, Mr. LIEBERMAN, Mr. JEFFORDS, Mr. WIRTH, Mr. MOYNIHAN,
Mr. PELL, and Mr. SIMON) introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
A BILL
To require tuna products to be labeled respecting the method used to catch
the tuna, 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 `Dolphin Protection Consumer Information Act
  of 1990'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) there is an existing threat to dolphins, porpoises, and whales in the
  form of purse seine netting of these species and through driftnets and
  other methods and technologies;
  (2) consumers have the right to know whether the tuna that they purchase
  were procured through methods or technologies which kill, harass, or
  endanger these species; and
  (3) a requirement of labeling of tuna products would provide that information
  to consumers.
SEC. 3. LABEL REQUIREMENT.
  (a) In General-
  (1) The label of all tuna products containing tuna which are, in whole or
  in part, caught with--
  (A) drift gill nets of more than one and one-half miles in total length;
  (B) purse seine nets in the Eastern Tropical Pacific Ocean, unless certified
  as `Dolphin Safe' under subsection (b) of this section;
  (C) any purse seine nets set on dolphin in other marine areas; or
  (D) other methods or technologies as the Secretary may find that kill,
  harass, or endanger these species (except that tuna caught with staked
  gill nets less than 1.5 miles, and technologies and methods in use as of
  the date of enactment of this Act, other than those enumerated in clauses
  (A) through (C), are not subject to this labeling requirement);
and which are processed, sold, imported, exported, or otherwise placed into
commerce in the United States shall, regardless of the country of origin,
bear the following statement: `THE TUNA IN THIS PRODUCT WAS CAUGHT WITH
METHODS THAT KILL DOLPHINS'.
  (2) Other tuna products processed, sold, imported, exported, or otherwise
  placed into commerce in the United States may bear the following statement:
  `DOLPHIN SAFE'.
  (3) The statement required by paragraph (1) shall be located in a conspicuous
  place on the label of every can, box, or other package containing any tuna
  product sold for consumption or other use; shall be as proximate as possible
  to the name of such product; and shall appear in conspicuous and legible
  type no smaller than 4 millimeters in height, contrasting in typography,
  layout, and color with other printed matter on such label.
  (4) The importer of consumer-ready imported tuna products shall be liable
  for the label and recordkeeping requirements of paragraph (1). The processor
  of all other tuna products shall be liable for such requirements.
  (b) CERTIFICATION- The Secretaries of Commerce and of Health and Human
  Services shall prescribe recordkeeping requirements that will facilitate
  verification of information needed to enforce this section, including the
  form of `Dolphin Safe' certification which shall--
  (1) include a statement that the trip to or through the Eastern Tropical
  Pacific Ocean did or did not include use of purse seine nets deployed on
  or around dolphin;
  (2) be executed by the vessel captain and by an independent on-board
  compliance observer approved by the Secretary of Commerce or by the
  Inter-American Tropical Tuna Commission; and
  (3) be endorsed by each exporter, importer, and processor of tuna or products
  containing tuna caught as described in subsection (a)(1) of this section.
  (c) MISLEADING LABEL- A can, box, or package containing any tuna product
  will be deemed to be mislabeled--
  (1) if it is not labeled in accordance with subsection (a); or
  (2) if its label contains any false or misleading information pertaining
  to dolphins, porpoises, or whales.
  (d) It is unlawful for any person to sell, or to advertise, market, offer
  for sale, or place into commerce in, or export from, the United States any
  tuna product that is not in compliance with the recordkeeping and labeling
  requirements of this section.
SEC. 4. ENFORCEMENT.
  (a) IN GENERAL- The Secretary of Health and Human Service, acting through
  the Food and Drug Administration, and the Secretary of Commerce shall
  implement this Act through a program that shall include but not be limited
  to frequent inspections to determine whether records required by this
  Act are being accurately maintained and whether tuna products are being
  labeled in accordance with section 3, and that any other requirements of
  this Act or regulations adopted pursuant to it are being met.
  (b) CITIZEN SUIT- Any person may commence a civil action seeking injunctive
  or other relief against any other person, including the Secretary, who is
  alleged to be in violation of this Act or regulations promulgated thereunder,
  or to compel the Secretary to perform any duty required by the Act.
SEC. 5. JURISDICTION OF THE COURTS.
  (a) IN GENERAL- The district courts of the United States and United States
  courts of the territories shall have jurisdiction over any action arising
  under this Act.
  (b) COSTS- In issuing any final order in an action brought pursuant to this
  Act, the court shall award all reasonable costs of litigation (including,
  but not limited to, reasonable attorney, investigative, and expert witness
  fees) to any party unless the court determines the award is not appropriate.
SEC. 6. PENALTIES.
  (a) CRIMINAL- Any person who violates section 3 or regulations promulgated
  pursuant to section 3, or an injunction or restraining order issued pursuant
  to this Act shall be imprisoned for not more than one year or fined a minimum
  of two times the fair market value of the tuna product that is the subject of
  the violation and an additional fine of no more than $100,000, or both fined
  and imprisoned, except that if any person commits such a violation after a
  conviction of that person becomes final, or commits such a violation with
  the intent to defraud or mislead, such person shall be imprisoned for not
  more than 3 years, or fined four times the fair market value of the tuna
  product that is the subject of the violation and an additional $300,000,
  or both fined and imprisoned. The Secretary of Commerce shall also cancel,
  or suspend for a period of up to one year, any certificates of inclusion
  under the Marine Mammal Protection Act of 1972 or other Federal fishing
  certificates or permits issued to any person who is convicted of a criminal
  violation of any provision of this Act.
  (b) CIVIL PENALTIES- Any person who violates any provision of this Act or
  any regulation promulgated pursuant to it, may be assessed a civil penalty
  by the Secretary or the courts, of up to $100,000 or twice the fair market
  value of the tuna product that is the subject of the violation, or both.
  (c) DISPOSITION OF FINES- Fines and proceeds from the sale of confiscated
  goods received as a result of violations of this Act shall be retained by
  the Secretary of Health and Human Services and by the Secretary of Commerce
  in equal amounts, subject to appropriations, and be allocated within 2
  fiscal years, in consultation with the Marine Mammal Commission, to the
  implementation of dolphin conservation programs and protection regulations.
SEC. 8. DEFINITIONS.
  For the purposes of this Act--
  (1) the term `Eastern Tropical Pacific Ocean' or `ETP' means that area of
  the Pacific Ocean bounded by 40 degrees N. latitude, 40 degrees S. latitude,
  160 degrees W. longitude, and the coastline of North, Central, and South
  America, or as otherwise expanded in area by the Secretary of Commerce
  under 50 Code of Federal Regulations 216.24(e)(9)(ii)(C).
  (2) the term `label' means a display of written, printed, or graphic matter
  upon or affixed to the immediate container of any article.
  (3) the term `tuna product' means any food or non-food goods which contain
  tuna, except perishable sandwiches, salads, or other products with a shelf
  life of less than 3 days.
SEC. 9. PROMULGATION OF REGULATIONS.
  Within 180 days of the date of the enactment of this Act, the Secretaries
  of Commerce and of Health and Human Services, after consultation with the
  Marine Mammal Commission established by section 201 of the Marine Mammal
  Protection Act of 1972 (16 U.S.C. 1401), shall conclude a memorandum of
  understanding and publish proposed regulations for the implementation of
  this Act. Such regulations shall be promulgated in accordance with section
  553 of title 5, United States Code, except that each such Secretary
  shall provide no more than 90 days for the submission of data, views,
  or arguments on the proposed regulations.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated--
  (1) not to exceed $4,000,000 for fiscal years 1991, 1992, 1993, 1994,
  and 1995 to enable the Department of Commerce to carry out such functions
  and responsibilities as it may have been given under this Act; and
  (2) not to exceed $2,000,000 for fiscal years 1991, 1992, 1993, 1994, and
  1995 to enable the Department of Health and Human Services to carry out
  such functions and responsibilities as it may have been given under this Act.

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