I

103D CONGRESS

1ST SESSION H. R. 1637

To amend the Egg Research and Consumer Information Act, to accomplish

an expansion of exemption eligibility from assessments under this Act

and to authorize increased assessment rates if approved by producers.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Mr. STENHOLM (for himself, Mr. BOEHNER, and Mr. HOLDEN) introduced the

following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Egg Research and Consumer Information

Act, to accomplish an expansion of exemption eligibility

from assessments under this Act and to authorize increased assessment rates if approved by producers.

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 ‘‘Egg Research and

5 Consumer Information Act Amendments of 1993’’.
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1 SEC. 2. AMENDMENTS RELATING TO RATE OF ASSESSMENT.

2 (a) AMENDMENTS TO SECTION 8.—Section 8(e) of

3 the Egg Research and Consumer Information Act (7

4 U.S.C. 2707(e)) is amended by—

5 (1) designating the first and second sentences

6 as paragraph (1);

7 (2) designating the fifth and sixth sentences as

8 paragraph (3); and

9 (3) striking out the third and fourth sentences

10 and inserting in lieu thereof the following new para11 graph: ‘‘(2) The rate of assessments shall be pre12 scribed by the order, and shall not exceed 30 cents

13 per case of commercial eggs or the equivalent there14 of. The order may be amended to change the rate

15 of assessment if recommended by the Egg Board

16 and approved by egg producers in a referendum con17 ducted under section 9(b).’’.

18 (b) AMENDMENTS TO SECTION 9.—Section 9 of the

19 Egg Research and Consumer Information Act (7 U.S.C.

20 2708) is amended by—

21 (1) designating the first two sentences as sub22 section (a);

23 (2) designating the last sentence as subsection

24 (c); and

25 (3) inserting after subsection (a), as designated

26 under paragraph (1), the following new subsection:
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1 ‘‘(b)(1) Whenever the Egg Board determines, based

2 on scientific studies, marketing analysis, or other similar

3 competent evidence, that an increase in assessment rate

4 is needed to ensure that assessments under the order are

5 set at an appropriate level to effectuate the declared policy

6 of this Act, the Egg Board may request that the Secretary

7 conduct a referendum, as provided in paragraph (2).

8 ‘‘(2) When requested by the Egg Board under para9 graph (1) or (3), the Secretary shall conduct a referendum

10 among egg producers not exempt hereunder who, during

11 a representative period determined by the Secretary, have

12 been engaged in the production of commercial eggs, for

13 the purpose of ascertaining whether such producers ap14 prove the change in the assessment rate proposed by the

15 Egg Board. The change in the assessment rate shall take

16 effect if approved or favored by not less than two-thirds

17 of the producers voting in such referendum, or by a major18 ity of the producers voting in such referendum if such ma19 jority produced not less than two-thirds of all the commer20 cial eggs produced by those voting during a representative

21 period defined by the Secretary.

22 ‘‘(3) With respect to the order in effect on the date

23 of the enactment of this subsection, the Egg Board shall

24 undertake to determine under paragraph (1), as soon as

25 practicable after such date of enactment, whether to re-
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1 quest that the Secretary conduct a referendum under

2 paragraph (2). If the Egg Board makes such a request

3 on competent evidence, as provided in paragraph (1), the

4 Secretary shall conduct such referendum as soon as prac5 ticable, but not later than 3 months after receipt of such

6 request from the Egg Board.

7 ‘‘(4) Notwithstanding any other provision of this Act,

8 whenever an increase in the assessment rate and the au9 thority for additional increases is approved by producers

10 in a referendum under this subsection, the Secretary shall

11 amend the order as appropriate to reflect such vote of pro12 ducers; and such amendment to the order shall become

13 effective on the date it is issued.’’.

14 SEC. 3. AMENDMENT RELATING TO EXEMPT PRODUCERS.

15 Section 12(a)(2) of the Egg Research and Consumer

16 Information Act (7 U.S.C. 2711) is amended by striking

17 out ‘‘30,000 laying hens’’ and inserting in lieu thereof

18 ‘‘50,000 laying hens’’.

19 SEC. 4. AMENDMENT TO EGG PROMOTION AND RESEARCH

20 ORDER.

21 Notwithstanding any other provision of law:

22 (a) AMENDMENT.—The Secretary of Agriculture

23 shall issue amendments to the egg promotion and research

24 order issued under the Egg Research and Consumer Infor25 mation Act (7 U.S.C. 2701 et seq.) to implement the
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1 amendments made by this Act. Such amendments shall

2 be issued after public notice and opportunity for comment

3 in accordance with section 553 of title 5, United States

4 Code, and without regard to sections 556 and 557 of such

5 title. The Secretary shall issue the proposed amendments

6 to such order not later than 30 days after the date of the

7 enactment of this Act.

8 (b) EFFECTIVE DATE.—The amendments to the egg

9 promotion and research order required by subsection (a)

10 shall become effective no later than 90 days after the date

11 of the enactment of this Act, and shall not be subject to

12 a referendum under the Egg Research and Consumer In13 formation Act.

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