S.2044 - Dolphin Protection Consumer Information Act of 1990101st Congress (1989-1990)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 01/30/1990)|
|Committees:||Senate - Commerce, Science, and Transportation|
|Latest Action:||11/08/1990 See also H.R. 5835. (All Actions)|
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Text: S.2044 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in Senate
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.