H.R. 5958 — Tropical Forest Consumer Information and Protection Act of 1990

 
HR 5958 IH
101st CONGRESS
2d Session
 H. R. 5958
To provide for the labeling or marking of tropical wood and tropical wood
products sold in the United States.
IN THE HOUSE OF REPRESENTATIVES
October 26, 1990
Mr. WALGREN introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To provide for the labeling or marking of tropical wood and tropical wood
products sold in the United States.
  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 `Tropical Forest Consumer Information and
  Protection Act of 1990'.
SEC. 2. FINDINGS.
  The Congress finds the following:
  (1) Tropical deforestation is occurring throughout the world at an alarming
  pace, with nearly half of the original tropical rain forests lost in
  this century.
  (2) By the year 2000, at current rates of tropical deforestation, 5 to
  10 percent of all species on earth will have become extinct, a rate not
  matched since dinosaurs died.
  (3) Tropical deforestation leads to soil erosion, flooding, and often
  unsustainable uses of converted lands.
  (4) Many of the world's medicines, agricultural, and manufactured products
  depend upon genetic material obtained or derived from wild plants found
  in forests.
  (5) In some regions of the world, timber harvesting for export trade
  significantly contributes to deforestation and timber harvesting is
  often carried out using methods that are unnecessarily damaging to the
  surrounding forest, with little attempt to reforest logged areas or assure
  natural regeneration.
  (6) Deforestation contributes to the `greenhouse effect' through emissions
  of carbon dioxide in burning or decay of forests, and diminishing forest
  reservoirs of carbon or carbon sinks.
  (7) World leaders at the July 1990 G-7 Economic Summit expressed strong
  concern over the loss of forests and the need for negotiations on a world
  forest convention.
  (8) Many products sold in the United States are required to bear a
  country-of-origin label, but wood and wood products imported into the
  United States often do not bear a country-of-origin label, or if labeled,
  reflect only the country in which the product was manufactured.
  (9) Nearly one-third of the wood exported from tropical forests is imported
  by the United States. Consumers increasingly want to know the country in
  which tropical wood is harvested in order to avoid purchases from countries
  which do not sustainably manage their forests.
SEC. 3. PROHIBITION.
  No person may manufacture or distribute any tropical wood or tropical wood
  product the content of which is at least 10 percent tropical wood unless such
  wood or wood product bears a label or marking in accordance with section 4.
SEC. 4. LABELING.
  (a) IN GENERAL-
  (1) Not later than 1 year after the date of the enactment of this Act, the
  Secretary of Commerce, after consultation with appropriate organizations
  and Federal agencies and members of the public, shall issue regulations
  requiring--
  (A) tropical wood, and
  (B) tropical wood products the content of which is at least 10 percent
  tropical wood,
and which are sold in the United States to bear a label or be marked with a
mark stating the English name (or unmistakable abbreviation) of the country
in which the tropical wood was grown. Such label or mark shall be legible,
indelible, permanent, and reasonably conspicuous.
  (2) The last harvester, processor, or manufacturer of a tropical wood or
  tropical wood product which prepares the wood or wood product for retail sale
  shall be responsible for the labeling or marking required by paragraph (1).
  (b) EXEMPTION- The Secretary shall exempt from the labeling or marking
  requirement of subsection (a) tropical wood and tropical wood products which
  because of small size or injury to the wood or wood product are incapable
  of being labeled or marked. If a tropical wood or tropical wood product
  is exempt from the requirement of subsection (a), the outermost container
  in which the tropical wood or tropical wood product ordinarily is sold to
  the ultimate purchaser shall be labeled to indicate the country in which
  the tropical wood was grown.
  (c) SALES THROUGH CATALOGS OR COMMUNICATIONS MEDIA- If a tropical wood or
  tropical wood product the content of which is at least 10 percent tropical
  wood is sold through a catalog or communications media, the entity which
  prepares such wood or wood product for retail sale shall provide in the
  description of such wood or product a conspicuous statement indicating
  the country of origin in which the tropical wood was grown.
SEC. 5. ENFORCEMENT.
  (a) IN GENERAL- Whenever on the basis of any information the Secretary of
  Commerce determines that a person has violated section 3, the Secretary
  may issue an order assessing a civil penalty (of not more than $5,000 for
  each violation) or requiring compliance with such section or the Secretary
  may commence in the United States district court for the district in which
  the violation occurred a civil action for appropriate relief, including
  a preliminary or permanent injunction.
  (b) EXEMPTION- If a tropical wood or tropical wood product is not labeled
  or marked in compliance with section 4 and the Secretary determines that no
  fraud or willful neglect was involved in not labeling or marking such wood
  or wood product, the Secretary shall afford the entity which prepared such
  wood or wood product for retail sale a reasonable opportunity to label or
  mark the wood or wood product in accordance with such section.
SEC. 5. DEFINITION.
  For purposes of this Act, the term `tropical wood' means any wood indigenous
  to and grown between the Tropic of Cancer and the Tropic of Capricorn.
Tropical Forest Consumer Information and Protection Act of 1990

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