I
103D CONGRESS
1ST SESSION
H. R. 3410
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, to terminate the program on
December 31, 1996, and to prohibit bloc voting by cooperative associa-
tions of milk producers in connection with the program, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 28, 1993
Mr. OBEY 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, to terminate the program on December
31, 1996, and to prohibit bloc voting by cooperative
associations of milk producers in connection with 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 Pro-
gram Improvement Act of 1993’’.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH
PROGRAM.
(a) DECLARATION OF POLICY.—The first sentence of
section 110(b) of the Dairy Production Stabilization Act
of 1983 (7 U.S.C. 4501(b)) is amended—
(1) by inserting after ‘‘commercial use’’ the fol-
lowing: ‘‘and on imported dairy products’’; and
(2) by striking ‘‘products produced in’’ and in-
serting ‘‘products produced in or imported into’’.
(b) DEFINITIONS.—Section 111 of such Act (7
U.S.C. 4502) is amended—
(1) by striking ‘‘and’’ at the end of subsection
(k);
(2) by striking the period at the end of sub-
section (l) and inserting a semicolon; and
(3) by adding at the end the following new sub-
sections:
‘‘(m) 
the 
term 
‘imported 
dairy 
product’
means—
‘‘(1) any dairy product, including milk and
cream and fresh and dried dairy products;
‘‘(2) butter and butterfat mixtures;
‘‘(3) cheese;
‘‘(4) casein and mixtures; and
‘‘(5) other dairy products,
that are imported into the United States; and
‘‘(n) the term ‘importer’ means a person that
imports an imported dairy product into the United
States.’’.
(c) FUNDING.—
(1) REPRESENTATION
ON
BOARD.—Section
113(b) of such Act (7 U.S.C. 4504(b)) is amended—
(A) by designating the first through ninth
sentences as paragraphs (1) through (5) and
paragraphs (7) through (10), respectively;
(B) in paragraph (1) (as so designated), by
striking ‘‘thirty-six’’ and inserting ‘‘38’’;
(C) in paragraph (2) (as so designated), by
striking ‘‘Members’’ and inserting ‘‘Of the
members of the Board, 36 members’’; and
(D) by inserting after paragraph (5) (as so
designated) the following new paragraph:
‘‘(6) Of the members of the Board, 2 members shall
be representatives of importers of imported dairy prod-
ucts. The importer representatives shall be appointed by
the Secretary from nominations submitted by importers
under such procedures as the Secretary determines to be
appropriate.’’.
(2) ASSESSMENT.—Section 113(g) of such Act
is amended—
(A) by designating the first through fifth
sentences as paragraphs (1) through (5), re-
spectively; and
(B) by adding at the end the following new
paragraph:
‘‘(6)(A) The order shall provide that each importer
of imported dairy products shall pay an assessment to the
Board in the manner prescribed by the order.
‘‘(B) The rate of assessment on imported dairy prod-
ucts shall be determined in the same manner as the rate
of assessment per hundredweight or the equivalent of
milk.
‘‘(C) For the purpose of determining the assessment
on imports under subparagraph (B), the value to be placed
on imported dairy products shall be established by the Sec-
retary in a fair and equitable manner.’’.
(3) RECORDS.—The first sentence of section
113(k) of such Act is amended by striking ‘‘person
receiving’’ and inserting ‘‘importer of imported dairy
products, each person’’.
(4) REFERENDUM.—Section 116 of such Act (7
U.S.C. 4507) is amended by adding at the end the
following new subsection:
‘‘(d)(1) On the request of a representative group com-
prising 10 percent or more of the number of producers
subject to the order, the Secretary shall—
‘‘(A) conduct a referendum to determine wheth-
er the producers favor suspension of the application
of the amendments made by section 2 of the Dairy
Promotion Program Improvement Act of 1993; and
‘‘(B) suspend the application of the amend-
ments until the results of the referendum are known.
‘‘(2) The Secretary shall continue the suspension of
the application of the amendments made by section 2 only
if the Secretary determines that suspension of the applica-
tion of the amendments is favored by a majority of the
producers voting in the referendum who, during a rep-
resentative period (as determined by the Secretary), have
been engaged in the production of milk for commercial
use.’’.
SEC. 3. TERMINATION OF DAIRY PROMOTION AND RE-
SEARCH PROGRAM.
Section 116 of the Dairy Production Stabilization Act
of 1983 (7 U.S.C. 4507) (as amended by section 2(c)(4))
is further amended by adding at the end the following new
subsection: