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 in-
creased assessment rates if approved by producers.
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 ‘‘Egg Research and
Consumer Information Act Amendments of 1993’’.
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‘‘(b)(1) Whenever the Egg Board determines, based
on scientific studies, marketing analysis, or other similar
competent evidence, that an increase in assessment rate
is needed to ensure that assessments under the order are
set at an appropriate level to effectuate the declared policy
of this Act, the Egg Board may request that the Secretary
conduct a referendum, as provided in paragraph (2).
‘‘(2) When requested by the Egg Board under para-
graph (1) or (3), the Secretary shall conduct a referendum
among egg producers not exempt hereunder who, during
a representative period determined by the Secretary, have
been engaged in the production of commercial eggs, for
the purpose of ascertaining whether such producers ap-
prove the change in the assessment rate proposed by the
Egg Board. The change in the assessment rate shall take
effect if approved or favored by not less than two-thirds
of the producers voting in such referendum, or by a major-
ity of the producers voting in such referendum if such ma-
jority produced not less than two-thirds of all the commer-
cial eggs produced by those voting during a representative
period defined by the Secretary.
‘‘(3) With respect to the order in effect on the date
of the enactment of this subsection, the Egg Board shall
undertake to determine under paragraph (1), as soon as
practicable after such date of enactment, whether to re-
HR 1637 IH
quest that the Secretary conduct a referendum under
paragraph (2). If the Egg Board makes such a request
on competent evidence, as provided in paragraph (1), the
Secretary shall conduct such referendum as soon as prac-
ticable, but not later than 3 months after receipt of such
request from the Egg Board.
‘‘(4) Notwithstanding any other provision of this Act,
whenever an increase in the assessment rate and the au-
thority for additional increases is approved by producers
in a referendum under this subsection, the Secretary shall
amend the order as appropriate to reflect such vote of pro-
ducers; and such amendment to the order shall become
effective on the date it is issued.’’.
SEC. 3. AMENDMENT RELATING TO EXEMPT PRODUCERS.
Section 12(a)(2) of the Egg Research and Consumer
Information Act (7 U.S.C. 2711) is amended by striking
out ‘‘30,000 laying hens’’ and inserting in lieu thereof
‘‘50,000 laying hens’’.
SEC. 4. AMENDMENT TO EGG PROMOTION AND RESEARCH
ORDER.
Notwithstanding any other provision of law:
(a) AMENDMENT.—The Secretary of Agriculture
shall issue amendments to the egg promotion and research
order issued under the Egg Research and Consumer Infor-
mation Act (7 U.S.C. 2701 et seq.) to implement the
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amendments made by this Act. Such amendments shall
be issued after public notice and opportunity for comment
in accordance with section 553 of title 5, United States
Code, and without regard to sections 556 and 557 of such
title. The Secretary shall issue the proposed amendments
to such order not later than 30 days after the date of the
enactment of this Act.
(b) EFFECTIVE DATE.—The amendments to the egg
promotion and research order required by subsection (a)
shall become effective no later than 90 days after the date
of the enactment of this Act, and shall not be subject to
a referendum under the Egg Research and Consumer In-
formation Act.
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