I
107TH CONGRESS
1ST SESSION
H. R. 2248
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, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 20, 2001
Ms. BALDWIN (for herself, Mr. MCHUGH, Mr. KIND, Mr. OBEY, Mr. PETRI,
Mrs. EMERSON, Mr. GUTKNECHT, Mr. OWENS, Mr. LARSON of Con-
necticut, Mr. SMITH of Michigan, Mr. HILLIARD, Mr. SENSENBRENNER,
Mr. OBERSTAR, Mrs. THURMAN, Mr. SANDERS, Mr. KLECZKA, and Mr.
BARRETT of Wisconsin) introduced the following bill; which was referred
to the Committee on Agriculture
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, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dairy Promotion Fair-
ness Act’’.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH
PROGRAM.
(a) DECLARATION OF POLICY.—Section 110(b) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4501(b)) is amended—
(1) in the first sentence—
(A) by inserting after ‘‘commercial use’’
the following: ‘‘and on imported dairy prod-
ucts’’; and
(B) by striking ‘‘products produced in the
United States.’’ and inserting ‘‘products.’’; and
(2) in the second sentence, by inserting after
‘‘produce milk’’ the following: ‘‘or the right of any
person to import dairy products’’.
(b) DEFINITIONS.—Section 111 of the Dairy Produc-
tion Stabilization Act of 1983 (7 U.S.C. 4502) is
amended—
(1) in subsection (k), by striking ‘‘and’’ at the
end;
(2) in subsection (l), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(m) the term ‘imported dairy product’ means
any dairy product that is imported into the United
States, including dairy products imported into the
United States in the form of—
‘‘(1) milk, cream, and fresh and dried
dairy products;
‘‘(2) butter and butterfat mixtures;
‘‘(3) cheese; and
‘‘(4) casein and mixtures;
‘‘(n) the term ‘importer’ means a person that
imports an imported dairy product into the United
States; and
‘‘(o) the term ‘Customs’ means the United
States Customs Service.’’.
(c) REPRESENTATION OF IMPORTERS ON BOARD.—
Section 113(b) of the Dairy Production Stabilization Act
of 1983 (7 U.S.C. 4504(b)) is amended—
(1) by inserting ‘‘NATIONAL DAIRY PROMOTION
AND RESEARCH BOARD.—’’ after ‘‘(b)’’;
(2) by designating the first through ninth sen-
tences as paragraphs (1) through (5) and para-
graphs (7) through (10), respectively, and indenting
the paragraphs appropriately;
(3) in paragraph (2) (as so designated), by
striking ‘‘Members’’ and inserting ‘‘Except as pro-
vided in paragraph (6), the members’’; and
(4) by inserting after paragraph (5) (as so des-
ignated) the following:
‘‘(6) IMPORTERS.—
‘‘(A) REPRESENTATION.—The Secretary
shall appoint not more than 2 members who
represent importers of dairy products and are
subject to assessments under the order, to re-
flect the proportion of domestic production and
imports supplying the United States market,
which shall be based on the Secretary’s deter-
mination of the average volume of domestic pro-
duction of dairy products proportionate to the
average volume of imports of dairy products in
the United States over the previous three years.
‘‘(B) ADDITIONAL
MEMBERS; 
NOMINA-
TIONS.—The members appointed under this
paragraph—
‘‘(i) shall be in addition to the total
number of members appointed under para-
graph (2); and
‘‘(ii) shall be appointed from nomina-
tions submitted by importers under such
procedures as the Secretary determines to
be appropriate.’’.
(d) IMPORTER ASSESSMENT.—Section 113(g) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C.
4504(g)) is amended—
(1) by inserting ‘‘ASSESSMENTS.—’’ after
‘‘(g)’’;
(2) by designating the first through fifth sen-
tences as paragraphs (1) through (5), respectively,
and indenting appropriately; and
(3) by adding at the end the following:
‘‘(6) IMPORTERS.—
‘‘(A) IN GENERAL.—The order shall pro-
vide that each importer of imported dairy prod-
ucts shall pay an assessment to the Board in
the manner prescribed by the order.
‘‘(B) TIME
FOR
PAYMENT.—The assess-
ment on imported dairy products shall be paid
by the importer to Customs at the time of the
entry of the products into the United States
and shall be remitted by Customs to the Board.
For purposes of this subparagraph, entry of the
products into the United States shall be deemed
to have occurred when the products are released
from custody of Customs and introduced into
the stream of commerce within the United
States. Importers include persons who hold title
to foreign-produced dairy products immediately
upon release by Customs, as well as persons
who act on behalf of others, as agents, brokers,
or consignees, to secure the release of dairy
products from Customs and the introduction of
the released dairy products into the stream of
commerce.
‘‘(C) RATE.—The rate of assessment on
imported dairy products shall be determined in
the same manner as the rate of assessment per
hundredweight or the equivalent of milk.
‘‘(D) VALUE OF PRODUCTS.—For the pur-
pose of determining the assessment on imported
dairy products under subparagraph (C), the
value to be placed on imported dairy products
shall be established by the Secretary in a fair
and equitable manner.
‘‘(E) USE OF ASSESSMENTS ON IMPORTED
DAIRY.—Assessments collected on imported
dairy products shall not be used for foreign
market promotion.’’.
(e) RECORDS.—Section 113(k) of the Dairy Produc-
tion Stabilization Act of 1983 (7 U.S.C. 4504(k)) is
amended in the first sentence by striking ‘‘person receiv-
ing’’ and inserting ‘‘importer of imported dairy products,
each person receiving’’.