S1652-118

1. Short title This Act may be cited as the Safeguarding American Value-added Exports Act of 2023 or the SAVE Act of 2023.

2. Preserving foreign markets for goods using common names 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, as determined by the Secretary— 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. 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. 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 identified by the Secretary in connection with United States agricultural commodities or food products. The Secretary and the United States Trade Representative shall submit to Congress a report every 2 years regarding efforts and successes in carrying out subsection (a). (2)Common name (A)In generalThe term common name means a name that, as determined by the Secretary— (i)is ordinarily or customarily used for an agricultural commodity or food product; (ii)is typically placed on the packaging and product label of the agricultural commodity or food product; (iii)with respect to wine— (I)is— (aa)ordinarily or customarily used for a wine grape varietal name; or (bb)a traditional term or expression that is typically placed on the packaging and label of the wine; and (II)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 (iv)the use of which is consistent with standards of the Codex Alimentarius Commission. (B)ConsiderationsIn making a determination under subparagraph (A), the Secretary may take into account— (i)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; (ii)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 (iii)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 (vii)prohibits or disallows the use of the common name of an agricultural commodity or food product of the United States.. 303.Negotiations to defend the use of common names (a)In generalThe 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 identified by the Secretary in connection with United States agricultural commodities or food products. (b)ReportThe Secretary and the United States Trade Representative shall submit to Congress a report every 2 years regarding efforts and successes in carrying out subsection (a)..

303. Negotiations to defend the use of common names 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 identified by the Secretary in connection with United States agricultural commodities or food products. The Secretary and the United States Trade Representative shall submit to Congress a report every 2 years regarding efforts and successes in carrying out subsection (a).