Preserving foreign markets for goods using common names

(a) Definitions Section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602) is amended— (1) in the matter preceding paragraph (1), by striking As used in this Act— and inserting In this Act:; (2) by redesignating paragraphs (2) through (8) as paragraphs (3), (5), (6), (7), (8), (9), and (4), respectively, and moving the paragraphs so as to appear in numerical order; (3) by inserting after paragraph (1) the following: (2) Common name (A) In general The 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) Examples The following names shall be considered common names under subparagraph (A): (i) With respect to food products: american, asiago, basmati, black forest ham, blue, blue vein, bologna, bologne, bratwurst, brie, burrata, camembert, capicola, capocollo, cheddar, chevre, chorizo, colby, cottage cheese, coulommiers, cream cheese, danbo, edam, emmental, feta, fontina, gorgonzola, gouda, grana, gruyere, havarti, kielbasa, limburger and limburgo, mascarpone, monterey and monterey jack, mortadella, munster and muenster, neufchatel, parmesan, pancetta, pecorino, pepper jack, prosciutto, provolone, ricotta, romano, saint-paulin, salame, salami, samso, swiss, tilsiter, and tomme. (ii) With respect to wine: (I) The list of grape varietal terms in section 4.91 of title 27, Code of Federal Regulations (or a successor regulation). (II) The grape varietal designations administratively approved by the Alcohol and Tobacco Tax and Trade Bureau. (III) The following nonvarietal descriptors: chateau, classic, clos, cream, crusted and crusting, noble, ruby, sur lie, tawny, vintage, and vintage character. (iii) With respect to beer: bitter, pale ale, india pale ale, mild, porter, stout, barleywine, dubbel, quadruple, 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, cream, grodziskie, lager. (C) Considerations In 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. (D) Rule of construction The enumeration of certain names under subparagraph (B) shall not limit or restrict the ability of the Secretary to determine, consistent with subparagraph (A), that any other name is a common name under subparagraph (A).; and (4) in paragraph (7) (as so redesignated), in subparagraph (A)— (A) in clause (iv)(II), by inserting a closing parenthesis before the semicolon at the end; (B) in clause (v), by striking or at the end; (C) in clause (vi), by striking the period at the end and inserting; or; and (D) by adding at the end the following: (vii) prohibits or disallows the use of the common name of an agricultural commodity or food product of the United States.. (b) Negotiations to defend use of common names 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: 303. Negotiations to defend the use of common names The Secretary shall advise and support the efforts of 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 by the United States Trade Representative 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.. (c) Rule of construction None of the amendments made by this section— (1) limit the ability of the United States Trade Representative to negotiate trade agreements; or (2) require the United States Trade Representative to condition any trade agreement on the inclusion of language relating to the use of common names.