I

103D CONGRESS

1ST SESSION H. R. 1333

To provide for improved consultation between the Secretary of Agriculture

and the United States Trade Representative regarding the prohibition

or regulation of the importation of fruits and vegetables into the United

States.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1993

Mr. THOMAS of California introduced the following bill; which was referred

jointly to the Committees on Agriculture and Ways and Means

A BILL

To provide for improved consultation between the Secretary

of Agriculture and the United States Trade Representative regarding the prohibition or regulation of the importation of fruits and vegetables into the United States.

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

3 SECTION 1. IMPORT PROHIBITION AND REGULATION AS

4 PART OF DOMESTIC MARKETING ORDERS.

5 (a) CONSULTATION BETWEEN SECRETARY OF AGRI6 CULTURE AND TRADE REPRESENTATIVE.—Section 8e of

7 the Agricultural Adjustment Act (7 U.S.C. 608e-1), reen8 acted with amendments by the Agricultural Marketing
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1 Agreement Act of 1937, is amended by striking sub2 sections (c) and (d) and inserting the following new sub3 sections:

4 ‘‘(c) NOTIFICATION OF PROPOSED PROHIBITIONS

5 AND REGULATIONS.—

6 ‘‘(1) NOTIFICATION OF TRADE REPRESENTA7 TIVE REQUIRED.—Whenever the Secretary of Agri8 culture proposes to issue an import prohibition or

9 regulation under this section with respect to a com10 modity, the Secretary shall provide specific notifica11 tion to the United States Trade Representative in

12 writing of the content of the proposed import prohi13 bition or regulation. The Secretary shall include in

14 the notification a request for the advice of the Unit15 ed States Trade Representative regarding whether

16 the application of the grade, size, quality, and matu17 rity provisions of the relevant marketing order, or

18 comparable restrictions, to imports is inconsistent

19 with international obligations of the United States

20 under any trade agreement, including the General

21 Agreement on Tariffs and Trade.

22 ‘‘(2) ADDITIONAL NOTIFICATION.—The notifi23 cation of the United States Trade Representative re24 quired under paragraph (1) shall be in addition to

25 any general notice of proposed rule making required
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1 under section 553(b) of title 5, United States Code,

2 with respect to a proposed import prohibition or reg3 ulation under this section.

4 ‘‘(d) FINAL ISSUANCE OF PROHIBITIONS AND REGU5 LATIONS.—

6 ‘‘(1) NOTIFICATION OF TRADE REPRESENTA7 TIVE REQUIRED.—Not later than 10 days before the

8 effective date of an import prohibition or regulation

9 to be issued under this section with respect to a

10 commodity, the Secretary of Agriculture shall pro11 vide specific notification to the United States Trade

12 Representative in writing of the content of the im13 port prohibition or regulation.

14 ‘‘(2) PREVENTION OF OPERATION OF PROHIBI15 TION OR REGULATION.—An import prohibition or

16 regulation under this section shall not take effect if,

17 before the end of the 10-day period referred to in

18 paragraph (1) applicable to such prohibition or regu19 lation, the United States Trade Representative sub20 mits to the Secretary an opinion concluding that the

21 application of the grade, size, quality, and maturity

22 provisions of the relevant marketing order, or com23 parable restrictions, to imports is inconsistent with

24 international obligations of the United States under
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1 any trade agreement, including the General Agree2 ment on Tariffs and Trade.’’

3 (b) APPLICATION OF AMENDMENT.—The amendment

4 made by this section shall apply with respect to an import

5 prohibition or regulation that is issued by the Secretary

6 of Agriculture under section 8e of the Agricultural Adjust7 ment Act (7 U.S.C. 608e-1), reenacted with amendments

8 by the Agricultural Marketing Agreement Act of 1937, on

9 or after the date of the enactment of this Act.

Æ