II

★(Star Print)

104TH CONGRESS

1ST SESSION S. 1468

To extend and improve the price support and production adjustment program

for peanuts, to establish standards for the inspection, handling, storage,

and labeling of all peanuts and peanut products sold in the United

States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 12, 1995

Mr. HEFLIN introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To extend and improve the price support and production

adjustment program for peanuts, to establish standards

for the inspection, handling, storage, and labeling of

all peanuts and peanut products sold in the United

States, and for other purposes.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Peanut Program Improvement Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—PEANUT PRICE SUPPORT AND PRODUCTION

ADJUSTMENT PROGRAM

Sec. 101. National poundage quotas and acreage allotments.

Sec. 102. Sale, lease, or transfer of farm poundage quota.

Sec. 103. Experimental and research programs.

Sec. 104. Marketing penalties.

Sec. 105. Price support program.

Sec. 106. Reports and records.

Sec. 107. Suspension of permanent program.

Sec. 108. Administration.

TITLE II—PEANUT STANDARDS

Sec. 201. Inspection; quality assurance.

Sec. 202. Handling and storage.

Sec. 203. Labeling.

Sec. 204. Inspection and testing.

Sec. 205. Nutritional labeling.

Sec. 206. Peanut content.

Sec. 207. Plant diseases.

Sec. 208. Administration.

Sec. 209. Change of venue.

1 TITLE I—PEANUT PRICE SUP2 PORT AND PRODUCTION AD3 JUSTMENT PROGRAM

4 SEC. 101. NATIONAL POUNDAGE QUOTAS AND ACREAGE AL5 LOTMENTS.

6 (a) IN GENERAL.—The section heading of section

7 358–1 of the Agricultural Adjustment Act of 1938 (7

8 U.S.C. 1358–1) is amended by striking ‘‘1991 THROUGH

9 1997 CROPS OF’’.

10 (b) NATIONAL POUNDAGE QUOTAS.—

11 (1) ESTABLISHMENT.—Section 358–1(a)(1) of

12 the Act is amended—

13 (A) in the first sentence—
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1 (i) by striking ‘‘of the 1991 through

2 1997 marketing years’’ and inserting

3 ‘‘marketing year’’;

4 (ii) by striking ‘‘, seed,’’; and

5 (iii) by striking the period at the end

6 and inserting ‘‘, excluding seed. In making

7 estimates under this paragraph for a mar8 keting year, the Secretary shall annually

9 estimate and take into account the quan10 tity of peanuts and peanut products to be

11 imported into the United States for the

12 marketing year.’’; and

13 (B) by striking the second sentence.

14 (2) APPORTIONMENT.—Section 358–1(a)(3) of

15 the Act is amended by striking ‘‘1990’’ and inserting

16 ‘‘1995’’.

17 (c) FARM POUNDAGE QUOTA.—

18 (1) ESTABLISHMENT.—Section 358–1(b)(1)(A)

19 of the Act is amended—

20 (A) by striking ‘‘of the 1991 through 1997

21 marketing years’’ and inserting ‘‘marketing

22 year’’; and

23 (B) in clause (i), by striking ‘‘1990’’ and

24 inserting ‘‘1995’’.
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1 (2) QUANTITY.—Section 358–1(b)(1)(B) of the

2 Act is amended—

3 (A) by striking ‘‘of the 1991 through 1997

4 marketing years’’ and inserting ‘‘marketing

5 year’’; and

6 (B) by striking ‘‘including—’’ and all that

7 follows through ‘‘(ii) any’’ and inserting ‘‘in8 cluding any’’.

9 (3) ADJUSTMENTS.—Section 358–1(b)(2) of the

10 Act is amended—

11 (A) in subparagraph (A)—

12 (i) by striking ‘‘(B) and subject to

13 subparagraph (D)’’ and inserting ‘‘(C)’’;

14 and

15 (ii) by striking ‘‘of the 1991 through

16 1997 marketing years’’ and inserting

17 ‘‘marketing year’’;

18 (B) by striking subparagraph (B);

19 (C) by redesignating subparagraphs (C)

20 and (D) as subparagraphs (B) and (C), respec21 tively; and

22 (D) in subparagraph (B) (as so redesig23 nated), by striking ‘‘of the 1991 through 1997

24 marketing years’’ and inserting ‘‘marketing

25 year’’.
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1 (4) QUOTA NOT PRODUCED.—Section 358–

2 1(b)(3) of the Act is amended—

3 (A) in subparagraph (A), by striking ‘‘of

4 the 1991 through 1997 marketing years’’ and

5 inserting ‘‘marketing year’’; and

6 (B) in subparagraph (B), by striking ‘‘in7 clude—’’ and all that follows through ‘‘(ii) any’’

8 and inserting ‘‘include any’’.

9 (5) QUOTA CONSIDERED PRODUCED.—Section

10 358–1(b)(4) of the Act is amended—

11 (A) in subparagraph (A), by inserting ‘‘or’’

12 after the semicolon at the end; and

13 (B) by striking subparagraphs (B) and (C)

14 and inserting the following:

15 ‘‘(B) the farm poundage quota for the

16 farm was—

17 ‘‘(i) released voluntarily under para18 graph (7); or

19 ‘‘(ii) leased to another owner or opera20 tor of a farm within the same county for

21 transfer to the farm;

22 for only 1 of the 3 marketing years immediately

23 preceding the marketing year for which the de24 termination is being made.’’.
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1 (6) ALLOCATION OF QUOTAS REDUCED OR RE2 LEASED.—Section 358–1(b)(6) of the Act is amend3 ed—

4 (A) in subparagraph (A), by striking ‘‘sub5 paragraphs (B) and (C), the total quantity of

6 the’’ and inserting ‘‘subparagraph (B),’’;

7 (B) in subparagraph (B)—

8 (i) by striking ‘‘Not more than 25

9 percent of the’’ and inserting ‘‘The’’; and

10 (ii) by adding at the end the follow11 ing: ‘‘Any farm quota pounds remaining

12 after allocation to farms under this sub13 paragraph shall be allocated under sub14 paragraph (A).’’; and

15 (C) by striking subparagraph (C).

16 (7) TEMPORARY QUOTA ALLOCATION FOR

17 SEED.—Section 358–1(b) of the Act is amended by

18 striking paragraph (8) and inserting the following:

19 ‘‘(8) TEMPORARY QUOTA ALLOCATION FOR

20 SEED.—For each marketing year and pursuant to

21 regulation, the Secretary shall make a temporary al22 location of poundage quota, for that marketing year

23 only, to each producer of peanuts on a farm, in addi24 tion to any farm poundage quota established under
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1 paragraph (1), in a quantity equal to the pounds of

2 seed peanuts planted by the producer on the farm.’’.

3 (8) TRANSFER OF ADDITIONAL PEANUTS.—Sec4 tion 358–1(b) of the Act is amended by striking

5 paragraph (9) and inserting the following:

6 ‘‘(9) TRANSFER OF ADDITIONAL PEANUTS.—

7 ‘‘(A) IN GENERAL.—Except as provided in

8 subparagraph (B), additional peanuts on a

9 farm from which the quota poundage was not

10 harvested and marketed may be transferred to

11 the quota loan pool for pricing purposes on

12 such basis as the Secretary shall provide by reg13 ulation.

14 ‘‘(B) LIMITATIONS.—The poundage of pea15 nuts transferred under subparagraph (A) shall

16 not exceed 25 percent of the total farm pound17 age quota, excluding pounds transferred in the

18 fall.

19 ‘‘(C) SUPPORT RATE.—Peanuts trans20 ferred under this paragraph shall be supported

21 at a rate of not less than 70 percent of the

22 quota support rate for the marketing years dur23 ing which the transfers occur.’’.
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1 (d) CROPS.—Section 358–1(f) of the Act is amended

2 by striking ‘‘1991 through 1997’’ and inserting ‘‘1996

3 through 2002’’.

4 SEC. 102. SALE, LEASE, OR TRANSFER OF FARM POUNDAGE

5 QUOTA.

6 (a) IN GENERAL.—The section heading of section

7 358b of the Agricultural Adjustment Act of 1938 (7

8 U.S.C. 1358b) is amended by striking ‘‘1991 THROUGH

9 1995 CROPS OF’’.

10 (b) SALE, LEASE, OR TRANSFER OF FARM POUND11 AGE QUOTA.—Section 358b(a) of the Act is amended—

12 (1) by striking ‘‘(including any applicable under

13 marketings)’’ each place it appears;

14 (2) in paragraph (1)—

15 (A) by redesignating subparagraphs (A)

16 and (B) as subparagraphs (B) and (C), respec17 tively;

18 (B) by inserting before subparagraph (B)

19 (as so redesignated) the following:

20 ‘‘(A) with the owner or operator of another

21 farm located within the same county or located

22 in a different county within the same State;’’;

23 (C) in subparagraph (B) (as so redesig24 nated), by striking ‘‘undermarketings and’’; and
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1 (D) by adding at the end the following:

2 ‘‘Fall transfers of quota pounds shall not affect

3 the farm quota history for the transferring or

4 receiving farm and shall not result in a reduc5 tion of the farm poundage quota on the trans6 ferring farm.’’;

7 (3) in paragraph (2)—

8 (A) in the first sentence—

9 (i) by striking ‘‘county or in a county

10 contiguous to the county in the same’’; and

11 (ii) by inserting before the period at

12 the end the following: ‘‘, if both the trans13 ferring and the receiving farms were under

14 the control of the owner or operator for at

15 least 3 crop years prior to the crop year in

16 which the farm poundage quota is trans17 ferred’’; and

18 (B) in the second sentence, by striking

19 ‘‘the transferred quota is produced or consid20 ered produced on the receiving farm’’ and in21 serting ‘‘sufficient acreage is planted on the re22 ceiving farm to produce the quota pounds

23 transferred’’; and

24 (4) by adding at the end the following:
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1 ‘‘(4) TRANSFERS BY SALE IN STATES WITH

2 LARGE QUOTAS.—

3 ‘‘(A) IN GENERAL.—In the case of a State

4 for which the poundage quota allocated to the

5 State was 10,000 tons or greater for the pre6 vious year, the owner, or operator with permis7 sion of the owner, of a farm located in the

8 State for which a farm poundage quota has

9 been established under section 358–1 may sell

10 all or any part of the farm poundage quota to

11 any other eligible owner or operator of a farm

12 within the same State.

13 ‘‘(B) LIMITATIONS.—

14 ‘‘(i) 1996.—During calendar year

15 1996, not more than 15 percent of the

16 total poundage quota within a county as of

17 January 1, 1996, may be sold and trans18 ferred outside the county under this para19 graph.

20 ‘‘(ii) SUBSEQUENT YEARS.—During

21 calendar year 1997 and each subsequent

22 calendar year, not more than 5 percent of

23 the total poundage quota within a county

24 as of January 1 of the calendar year may
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1 be sold and transferred outside the county

2 under this paragraph.

3 ‘‘(iii) AGGREGATE LIMIT.—Not more

4 than an aggregate of 30 percent of the

5 total poundage quota within a county may

6 be sold and transferred outside the county

7 under this paragraph.

8 ‘‘(C) SUBSEQUENT LEASE OR SALE.—

9 Quota poundage sold and transferred under this

10 paragraph may not be leased or sold to another

11 farm owner or operator within the same State

12 for a period of 5 years following the original

13 transfer to the farm.’’.

14 (c) RECORD.—Section 358b(b)(3) of the Act is

15 amended by striking ‘‘committee of the county to which

16 the transfer is made and the committee determines’’ and

17 inserting ‘‘committees of the counties from and to which

18 the transfer is made and the committees determine’’.

19 (d) CROPS.—Section 358b(c) of the Act is amended

20 by striking ‘‘1991 through 1995’’ and inserting ‘‘1996

21 through 2002’’.

22 SEC. 103. EXPERIMENTAL AND RESEARCH PROGRAMS.

23 Section 358c(d) of the Agricultural Adjustment Act

24 of 1938 (7 U.S.C. 1358c(d)) is amended by striking
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1 ‘‘1991 through 1995’’ and inserting ‘‘1996 through

2 2002’’.

3 SEC. 104. MARKETING PENALTIES.

4 Section 358e of the Agricultural Adjustment Act of

5 1938 (7 U.S.C. 1359a) is amended—

6 (1) in the section heading, by striking ‘‘1991

7 THROUGH 1997 CROPS OF’’;

8 (2) in subsection (d)(6)(A), by inserting after

9 ‘‘If any additional peanuts’’ the following: ‘‘or pea10 nut products made from additional peanuts’’; and

11 (3) in subsection (i), by striking ‘‘1991 through

12 1997’’ and inserting ‘‘1996 through 2002’’.

13 SEC. 105. PRICE SUPPORT PROGRAM.

14 (a) IN GENERAL.—The section heading of section

15 108B(a) of the Agricultural Act of 1949 (7 U.S.C. 1445c–

16 3(a)) is amended by striking ‘‘1991 THROUGH 1997

17 CROPS OF’’.

18 (b) QUOTA PEANUTS.—Section 108B(a) of the Act

19 is amended—

20 (1) in paragraph (1), by striking ‘‘for each of

21 the 1991 through 1997 crops’’; and

22 (2) in paragraph (2)—

23 (A) by striking ‘‘of the 1991 through 1997

24 crops’’ and inserting ‘‘crop’’; and
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1 (B) by striking ‘‘exceed’’ and inserting ‘‘be

2 increased, or decreased,’’.

3 (c) ADDITIONAL PEANUTS.—Section 108B(b)(1) of

4 the Act is amended by striking ‘‘for each of the 1991

5 through 1997 crops’’.

6 (d) AREA MARKETING ASSOCIATIONS.—Section

7 108B(c)(2)(A) of the Act is amended by inserting after

8 the first sentence the following: ‘‘Peanuts physically pro9 duced outside the State of New Mexico shall not be eligible

10 for entry into or participation in the New Mexico pools.’’.

11 (e) LOSSES.—Section 108B of the Act is amended

12 by striking subsection (d) and inserting the following:

13 ‘‘(d) LOSSES.—

14 ‘‘(1) OTHER PRODUCERS IN SAME POOL.—

15 Losses in an area quota pool shall be offset by re16 ducing the gain of any producer in the pool by the

17 amount of pool gains attributable to the same pro18 ducer from the sale of additional peanuts for domes19 tic and edible use or export.

20 ‘‘(2) QUOTA PEANUTS PLACED UNDER LOAN.—

21 Net gains on additional peanuts within an area

22 (other than net gains on additional peanuts in sepa23 rate type pools established under subsection

24 (c)(2)(A) for Valencia peanuts produced in New

25 Mexico) shall be first reduced to the extent of any
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1 loss by the Commodity Credit Corporation on quota

2 peanuts placed under loan in the area, in such man3 ner as the Secretary shall by regulation prescribe.

4 ‘‘(3) QUOTA LOAN POOLS.—

5 ‘‘(A) TRANSFERS FROM ADDITIONAL LOAN

6 POOLS.—The proceeds due any producer from

7 any pool shall be reduced by the amount of any

8 loss that is incurred with respect to peanuts

9 transferred from an additional loan pool to a

10 quota loan pool by the producer under section

11 358–1(b)(9) of the Agricultural Adjustment Act

12 of 1938 (7 U.S.C. 1358–1(b)(9)).

13 ‘‘(B) USE OF MARKETING ASSESS14 MENTS.—The Secretary shall use funds col15 lected under subsection (g) to offset further

16 losses in area quota pools. At the end of each

17 year, the Secretary shall transfer to the Treas18 ury the funds collected under subsection (g)

19 that the Secretary determines are not required

20 to cover losses in area quota pools.

21 ‘‘(C) CROSS COMPLIANCE.—Further losses

22 in area quota pools, other than losses incurred

23 as a result of transfers from additional loan

24 pools to quota loan pools under section 358–

25 1(b)(9) of the Agricultural Adjustment Act of
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1 1938, shall be offset by any gains or profits

2 from pools in other production areas (other

3 than separate type pools established under sub4 section (c)(2)(A) for Valencia peanuts produced

5 in New Mexico) in such manner as the Sec6 retary shall by regulation prescribe.

7 ‘‘(D) INCREASED ASSESSMENTS.—If ac8 tions taken under subparagraphs (A) through

9 (C) are not sufficient to cover losses in area

10 pools, the Secretary shall increase the market11 ing assessment established under subsection (g)

12 by such amount as the Secretary considers nec13 essary to cover the losses. Amounts collected

14 under subsection (g) as a result of the in15 creased assessment shall be retained by the Sec16 retary to cover losses in the pool.’’.

17 (f) EXPORTS AND OTHER PEANUTS.—Section

18 108B(f) of the Act is amended by striking paragraph (2)

19 and inserting the following:

20 ‘‘(2) EXPORTS AND OTHER PEANUTS.—

21 ‘‘(A) IN GENERAL.—The Secretary shall

22 require that all peanuts, including peanuts im23 ported into the United States, meet all United

24 States quality standards under Marketing

25 Agreement No. 146, regulating the quality of
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1 domestically produced peanuts (under the Agri2 cultural Adjustment Act (7 U.S.C. 601 et seq.),

3 reenacted with amendments by the Agricultural

4 Marketing Agreement Act of 1937), and that

5 importers of the peanuts fully comply with in6 spection, handling, storage, and processing re7 quirements implemented under Marketing

8 Agreement No. 146.

9 ‘‘(B) EXPORTED PEANUTS.—The Sec10 retary shall ensure that peanuts produced for

11 the export market meet quality, inspection, han12 dling, storage, and processing requirements

13 under Marketing Agreement No. 146.’’.

14 (g) MARKETING ASSESSMENT.—Section 108B(g) of

15 the Act is amended—

16 (1) by striking paragraphs (1) and (2) and in17 serting the following:

18 ‘‘(1) IN GENERAL.—The Secretary shall pro19 vide, by regulation, for a nonrefundable marketing

20 assessment equal to 1.2 percent of the national aver21 age quota or additional peanut support rate per

22 pound, as applicable, on all peanuts sold in the

23 United States during each of the 1996 through 2002

24 marketing years.
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1 ‘‘(2) TREATMENT OF IMPORTED PEANUTS.—

2 For the purposes of determining the applicable as3 sessment rate under this section, imported peanuts

4 shall be treated as additional peanuts.

5 ‘‘(3) FIRST PURCHASERS.—

6 ‘‘(A) DEFINITION OF FIRST PURCHASER.—

7 In this paragraph, the term ‘first purchaser’

8 means a person acquiring peanuts from a pro9 ducer, or a person that imports peanuts, except

10 that in the case of peanuts forfeited by a pro11 ducer to the Commodity Credit Corporation, the

12 term means the person acquiring the peanuts

13 from the Commodity Credit Corporation.

14 ‘‘(B) ADMINISTRATION.—Except as pro15 vided in subparagraph (C) and paragraphs (3)

16 and (4), the first purchaser shall—

17 ‘‘(i) collect from the producer a mar18 keting assessment equal to the quantity of

19 peanuts acquired multiplied by .6 percent

20 of the applicable national average support

21 rate;

22 ‘‘(ii) pay, in addition to the amount

23 collected under clause (i), a marketing as24 sessment in an amount equal to the quan25 tity of peanuts acquired multiplied by .6
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1 percent of the applicable national average

2 support rate; and

3 ‘‘(iii) remit the amounts required

4 under clauses (i) and (ii) to the Commod5 ity Credit Corporation in a manner speci6 fied by the Secretary.

7 ‘‘(C) IMPORTED PEANUTS.—In the case of

8 imported peanuts, the first purchaser shall pay

9 to the Commodity Credit Corporation, in a

10 manner specified by the Secretary, a marketing

11 assessment in an amount equal to the quantity

12 of peanuts acquired multiplied by 1.2 percent of

13 the national average support rate for additional

14 peanuts.’’; and

15 (2) by adding at the end the following:

16 ‘‘(7) USE OF FUNDS.—Funds collected under

17 this subsection shall be used by the Secretary to off18 set the costs of operating the peanut price support

19 program.’’.

20 (h) CROPS.—Section 108B(h) of the Act is amend21 ed—

22 (1) by striking ‘‘Notwithstanding’’ and insert23 ing ‘‘Except as provided in subsection (g) and not24 withstanding’’; and
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1 (2) by striking ‘‘1991 through 1997’’ and in2 serting ‘‘1996 through 2002’’.

3 SEC. 106. REPORTS AND RECORDS.

4 Effective only for the 1996 through 2002 crops of

5 peanuts, the first sentence of section 373(a) of the Agri6 cultural Adjustment Act of 1938 (7 U.S.C. 1373(a)) is

7 amended by inserting before ‘‘all brokers and dealers in

8 peanuts’’ the following: ‘‘all producers engaged in the pro9 duction of peanuts,’’.

10 SEC. 107. SUSPENSION OF PERMANENT PROGRAM.

11 (a) MARKETING QUOTAS AND ACREAGE ALLOT12 MENTS.—The following provisions of the Agricultural Ad13 justment Act of 1938 shall not be applicable to the 1996

14 through 2002 crops of peanuts:

15 (1) Subsections (a) through (j) of section 358

16 (7 U.S.C. 1358).

17 (2) Subsections (a) through (h) of section 358a

18 (7 U.S.C. 1358a).

19 (3) Subsections (a), (b), (d), and (e) of section

20 359 (7 U.S.C. 1359).

21 (4) Part I of subtitle C of title III (7 U.S.C.

22 1361 et seq.).

23 (5) Section 371 (7 U.S.C. 1371).
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1 (b) PRICE SUPPORT.—Section 101 of the Agricul2 tural Act of 1949 (7 U.S.C. 1441) shall not be applicable

3 to the 1996 through 2002 crops of peanuts.

4 SEC. 108. ADMINISTRATION.

5 The first paragraph of section 32 of the Act entitled

6 ‘‘An Act to amend the Agricultural Adjustment Act, and

7 for other purposes’’, approved August 24, 1935 (7 U.S.C.

8 612c), is amended—

9 (1) in the first sentence, by striking ‘‘30 per

10 centum’’ and inserting ‘‘30 percent (or, in the case

11 of duties collected with respect to an import that is

12 subject to a tariff-rate quota, 100 percent)’’; and

13 (2) in the second sentence—

14 (A) by striking ‘‘and (3)’’ and inserting

15 ‘‘(3)’’; and

16 (B) by inserting before the period at the

17 end the following: ‘‘; and (4) offset the costs of

18 operating a program to provide price support

19 for domestically produced peanuts’’.

20 TITLE II—PEANUT STANDARDS

21 SEC. 201. INSPECTION; QUALITY ASSURANCE.

22 (a) INITIAL ENTRY.—The Secretary of Agriculture

23 (referred to in this title as the ‘‘Secretary’’) shall require

24 all peanuts and peanut products sold in the United States

25 to be initially placed in a bonded, licensed warehouse ap-
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1 proved by the Secretary for the purpose of inspection and

2 grading by the Secretary, the Commissioner of the Food

3 and Drug Administration, and the heads of other appro4 priate agencies of the United States.

5 (b) PRELIMINARY INSPECTION.—Peanuts and peanut

6 products shall be held in the warehouse until inspected

7 by the Secretary, the Commissioner of the Food and Drug

8 Administration, or the head of another appropriate agency

9 of the United States, for chemical residues, general clean10 liness, disease, size, aflatoxin, stripe virus, and other

11 harmful conditions, and an assurance of compliance with

12 all grade and quality standards specified under Marketing

13 Agreement No. 146, regulating the quality of domestically

14 produced peanuts (under the Agricultural Adjustment Act

15 (7 U.S.C. 601 et seq.), reenacted with amendments by the

16 Agricultural Marketing Agreement Act of 1937).

17 (c) SEPARATION OF LOTS.—All imported peanuts

18 shall be maintained separately from, and shall not be com19 mingled with, domestically produced peanuts in the ware20 house.

21 (d) ORIGIN OF PEANUT PRODUCTS.—

22 (1) LABELING.—A peanut product shall be la23 beled with a label that indicates the origin of the

24 peanuts contained in the product.
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1 (2) SOURCE.—No peanut product may contain

2 both imported and domestically produced peanuts.

3 (3) IMPORTED PEANUT PRODUCTS.—The first

4 seller of an imported peanut product shall certify

5 that the product is made from raw peanuts that

6 meet the same quality and grade standards that

7 apply to domestically produced peanuts.

8 (e) DOCUMENTATION.—No peanuts or peanut prod9 ucts may be transferred, shipped, or otherwise released

10 from a warehouse described in subsection (a) unless ac11 companied by a United States Government inspection cer12 tificate that certifies compliance with this section.

13 SEC. 202. HANDLING AND STORAGE.

14 (a) TEMPERATURE AND HUMIDITY.—The Secretary

15 shall require all shelled peanuts sold in the United States

16 to be maintained at a temperature of not more than 37

17 degrees Fahrenheit and a humidity range of 60 to 68 per18 cent at all times during handling and storage prior to sale

19 and shipment.

20 (b) CONTAINERS.—The peanuts shall be shipped in

21 a container that provides the maximum practicable protec22 tion against moisture and insect infestation.

23 (c) IN-SHELL PEANUTS.—The Secretary shall re24 quire that all in-shell peanuts be reduced to a moisture

25 level not exceeding 10 percent immediately on being har-
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1 vested and be stored in a facility that will ensure quality

2 maintenance and will provide proper ventilation at all

3 times prior to sale and shipment.

4 SEC. 203. LABELING.

5 The Secretary shall require that all peanuts and pea6 nut products sold in the United States contain labeling

7 that lists the country or countries in which the peanuts,

8 including all peanuts used to manufacture the peanut

9 products, were produced.

10 SEC. 204. INSPECTION AND TESTING.

11 (a) IN GENERAL.—All peanuts and peanut products

12 sold in the United States shall be inspected and tested

13 for grade and quality.

14 (b) CERTIFICATION.—All peanuts or peanut products

15 offered for sale in, or imported into, the United States

16 shall be accompanied by a certification by the first seller

17 or importer that the peanuts or peanut products do not

18 contain residues of any pesticide not approved for use in,

19 or importation into, the United States.

20 SEC. 205. NUTRITIONAL LABELING.

21 The Secretary shall require all peanuts and peanut

22 products sold in the United States to contain complete nu23 tritional labeling information as required under the Fed24 eral Food, Drug, and Cosmetic Act (21 U.S.C. 321 et

25 seq.).
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1 SEC. 206. PEANUT CONTENT.

2 (a) OFFSET AGAINST HTS QUANTITY.—The actual

3 quantity of peanuts, by weight, used to manufacture, and

4 ultimately contained in, peanut products imported into the

5 United States shall be accounted for and offset against

6 the total quantity of peanut imports allowed under the in7 quota quantity of the tariff-rate quota established for pea8 nuts under the Harmonized Tariff Schedule of the United

9 States.

10 (b) VERIFICATION.—The Secretary shall establish

11 standards and procedures for the purpose of verifying the

12 actual peanut content of peanut products imported into

13 the United States.

14 SEC. 207. PLANT DISEASES.

15 The Secretary, in consultation with the heads of other

16 appropriate agencies of the United States, shall ensure

17 that all peanuts in the domestic edible market are in18 spected and tested to ensure that they are free of all plant

19 diseases.

20 SEC. 208. ADMINISTRATION.

21 (a) FEES.—The Secretary shall by regulation fix and

22 collect fees and charges to cover the costs of any inspec23 tion or testing performed under this title.

24 (b) CERTIFICATION.—
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1 (1) IN GENERAL.—The Secretary may require

2 the first seller of peanuts sold in the United States

3 to certify that the peanuts comply with this title.

4 (2) FRAUD AND FALSE STATEMENTS.—Section

5 1001 of title 18, United States Code, shall apply to

6 a certification made under this title.

7 (c) STANDARDS AND PROCEDURES.—In consultation

8 with the heads of other appropriate agencies of the United

9 States, the Secretary shall establish standards and proce10 dures to provide for the enforcement of, and ensure com11 pliance with, this title.

12 (d) FAILURE TO MEET STANDARDS.—Peanuts or

13 peanut products that fail to meet standards established

14 under this title shall be returned to the seller and exported

15 or crushed pursuant to section 358e(d) of the Agricultural

16 Adjustment Act of 1938 (7 U.S.C. 1359a(d)).

17 SEC. 209. CHANGE OF VENUE.

18 In any case in which an area pool or a marketing

19 association brings, joins, or seeks to join a civil action in

20 a United States district court to enforce this title, the dis21 trict court may not transfer the action to any other district

22 or division over the objection of the pool or marketing as23 sociation.

S 1468 IS1S——2

S 1468 IS1S——3