II

107TH CONGRESS

1ST SESSION S. 111

To amend the Dairy Production Stabilization Act of 1983 to ensure that

all persons who benefit from the dairy promotion and research program

contribute to the cost of the program.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 2001

Mr. FEINGOLD (for himself and Mr. KOHL) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Dairy Production Stabilization Act of 1983

to ensure that all persons who benefit from the dairy

promotion and research program contribute to the cost

of the program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Dairy Promotion Fair5 ness Act’’.
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1 SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH

2 PROGRAM.

3 (a) DECLARATION OF POLICY.—Section 110(b) of

4 the Dairy Production Stabilization Act of 1983 (7 U.S.C.

5 4501(b)) is amended in the first sentence—

6 (1) by inserting after ‘‘commercial use’’ the fol7 lowing: ‘‘and on imported dairy products’’; and

8 (2) by striking ‘‘products produced in the

9 United States.’’ and inserting ‘‘products.’’.

10 (b) DEFINITIONS.—Section 111 of the Dairy Produc11 tion Stabilization Act of 1983 (7 U.S.C. 4502) is

12 amended—

13 (1) in subsection (k), by striking ‘‘and’’ at the

14 end;

15 (2) in subsection (l), by striking the period at

16 the end and inserting a semicolon; and

17 (3) by adding at the end the following:

18 ‘‘(m) the term ‘imported dairy product’ means

19 any dairy product that is imported into the United

20 States, including dairy products imported into the

21 United States in the form of—

22 ‘‘(1) milk and cream and fresh and dried

23 dairy products;

24 ‘‘(2) butter and butterfat mixtures;

25 ‘‘(3) cheese; and

26 ‘‘(4) casein and mixtures; and
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1 ‘‘(n) the term ‘importer’ means a person that

2 imports an imported dairy product into the United

3 States.’’.

4 (c) CONTINGENT REPRESENTATION OF IMPORTERS

5 ON BOARD.—Section 113(b) of the Dairy Production Sta6 bilization Act of 1983 (7 U.S.C. 4504(b)) is amended—

7 (1) by inserting ‘‘NATIONAL DAIRY PROMOTION

8 AND RESEARCH BOARD.—’’ after ‘‘(b)’’;

9 (2) by designating the first through ninth sen10 tences as paragraphs (1) through (5) and para11 graphs (7) through (10), respectively, and indenting

12 appropriately;

13 (3) in paragraph (2) (as so designated), by

14 striking ‘‘Members’’ and inserting ‘‘Except as pro15 vided in paragraph (6), the members’’; and

16 (4) by inserting after paragraph (5) (as so des17 ignated) the following:

18 ‘‘(6) IMPORTERS.—

19 ‘‘(A) IN GENERAL.—If representation of

20 importers of imported dairy products is re21 quired on the Board by another law or a treaty

22 to which the United States is a party, the Sec23 retary shall appoint not more than 2 members

24 who are representatives of importers.
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1 ‘‘(B) ADDITIONAL MEMBERS; PROCE2 DURES.—The members appointed under this

3 paragraph—

4 ‘‘(i) shall be in addition to the mem5 bers appointed under paragraph (2); and

6 ‘‘(ii) shall be appointed from nomina7 tions submitted by importers under such

8 procedures as the Secretary determines to

9 be appropriate.’’.

10 (d) IMPORTER ASSESSMENT.—Section 113(g) of the

11 Dairy Production Stabilization Act of 1983 (7 U.S.C.

12 4504(g)) is amended—

13 (1) by inserting ‘‘ASSESSMENTS.—’’ after

14 ‘‘(g)’’;

15 (2) by designating the first through fifth sen16 tences as paragraphs (1) through (5), respectively,

17 and indenting appropriately; and

18 (3) by adding at the end the following:

19 ‘‘(6) IMPORTERS.—

20 ‘‘(A) IN GENERAL.—The order shall pro21 vide that each importer of imported dairy prod22 ucts shall pay an assessment to the Board in

23 the manner prescribed by the order.

24 ‘‘(B) RATE.—The rate of assessment on

25 imported dairy products shall be determined in
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1 the same manner as the rate of assessment per

2 hundredweight or the equivalent of milk.

3 ‘‘(C) VALUE OF PRODUCTS.—For the pur4 pose of determining the assessment on imported

5 dairy products under subparagraph (B), the

6 value to be placed on imported dairy products

7 shall be established by the Secretary in a fair

8 and equitable manner.’’.

9 (e) RECORDS.—Section 113(k) of the Dairy Produc10 tion Stabilization Act of 1983 (7 U.S.C. 4504(k)) is

11 amended in the first sentence by striking ‘‘person receiv12 ing’’ and inserting ‘‘importer of imported dairy products,

13 each person receiving’’.

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