Page:United States Statutes at Large Volume 116 Part 1.djvu/561

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PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 535 to the retailer indicating the country of origin of the covered commodity. " (f) CERTIFICATION OF ORIGIN. — "(1) MANDATORY IDENTIFICATION.— The Secretary shall not use a mandatory identification system to verify the country of origin of a covered commodity. "(2) EXISTING CERTIFICATION PROGRAMS. —To certify the country of origin of a covered commodity, the Secretary may use as a model certification programs in existence on the date of enactment of this Act, including— "(A) the carcass grading and certification system carried out under this Act; "(B) the voluntary country of origin beef labeling system carried out under this Act; "(C) voluntary programs established to certify certain premium beef cuts; "(D) the origin verification system established to carry out the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766); or "(E) the origin verification system established to carry out the market access program under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623). "SEC. 283. ENFORCEMENT. "(a) IN GENERAL.—Except as provided in subsections (b) and (c), section 253 shall apply to a violation of this subtitle. "(b) WARNINGS.—I f the Secretary determines that a retailer is in violation of section 282, the Secretary shall— "(1) notify the retailer of the determination of the Secretary; and "(2) provide the retailer a 30-day period, beginning on the date on which the retailer receives the notice under paragraph (1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. "(c) FINES.—I f, on completion of the 30-day period described in subsection (b)(2), the Secretary determines that the retailer has willfully violated section 282, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer in an amount of not more than $10,000 for each violation. "SEC. 284. REGULATIONS. "(a) GUIDELINES. — Not later than September 30, 2002, the Secretary shall issue guidelines for the voluntary country of origin labeling of covered commodities based on the requirements of section 282. "(b) REGULATIONS. —Not later than September 30, 2004, the Secretary shall promulgate such regulations as are necessary to implement this subtitle. "(c) PARTNERSHIPS WITH STATES. —In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. "SEC. 285. APPLICABILITY. "This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2004.". 7 USC 1638b. Applicability. Deadlines. 7 USC 1638c. Effective date. 7 USC 1638d.