HR2558-119

What This Bill Does

The SAFETY Act amends the Agricultural Trade Act of 1978 to protect common names used by U.S. agricultural producers, processors, and exporters in foreign markets. It defines common name to include ordinarily or customarily used names on agricultural commodity or food-product packaging, wine grape varietal names and traditional wine descriptors that are not federally listed wine appellations of origin, and uses consistent with Codex Alimentarius standards. The bill names examples such as asiago, basmati, feta, gruyere, parmesan, ricotta, Swiss, pale ale, porter, stout, pilsener, kolsch, sherry, and lager. It lets USDA consider dictionaries, newspapers, professional literature, reliable market websites, domestic or international standards, and customary use in production or marketing. It also treats foreign prohibitions on U.S. common-name use as an unfair trade barrier and requires the Secretary of Agriculture to coordinate with the U.S. Trade Representative to secure the right to use common names through trade agreements, memoranda, or exchanges of letters, with semiannual briefings to House and Senate agriculture, finance, and trade committees.

Who Benefits and How

U.S. dairy farmers benefit because names such as asiago, feta, parmesan, ricotta, and Swiss are listed as common names that negotiators must defend. U.S. wine manufacturers benefit because grape varietal terms and traditional descriptors can be protected when they are not appellations of origin. U.S. beer manufacturers benefit because product names such as pale ale, porter, stout, pilsener, kolsch, and lager are listed as common names. Food exporters benefit because foreign restrictions on common-name use become a trade-barrier issue for USDA and USTR negotiations.

Who Bears the Burden and How

Foreign government agencies using geographic-indication restrictions face U.S. trade pressure when they prohibit common names for American products. The Department of Agriculture must evaluate common-name evidence and coordinate negotiations with the U.S. Trade Representative. The U.S. Trade Representative must seek bilateral, plurilateral, or multilateral assurances and brief Congress semiannually. Import competitor manufacturers relying on exclusive naming claims may lose leverage in foreign markets if U.S. common-name rights are secured.

Key Provisions

• Adds common-name definitions for agricultural commodities, food products, wine terms, beer styles, and listed examples.
• Expands Agricultural Trade Act trade-barrier coverage to foreign prohibitions on common names for U.S. products.
• Directs USDA and USTR to negotiate agreements, memoranda, or letters preserving U.S. common-name use abroad.
• Requires semiannual congressional briefings on common-name negotiation efforts and results.