IB
Union Calendar No. 219
103D CONGRESS
1ST SESSION
H. R. 3515
[Report No. 103–394]
To amend the Egg Research and Consumer Information Act, the Watermelon
Research and Promotion Act, and the Lime Research, Promotion, and
Consumer Information Act of 1990 to revise the operation of these
Acts and to authorize the establishment of a fresh cut flowers and
fresh cut greens promotion and consumer information program for the
benefit of the floricultural industry, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1993
Mr. DE LA GARZA (for himself, Mr. STENHOLM, Mr. ROBERTS, Mr. LEWIS
of Florida, Mr. BOEHNER, Mr. HOLDEN, and Mr. ENGLISH of Oklahoma)
introduced the following bill; which was referred to the Committee on Ag-
riculture
NOVEMBER 20, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 16, 1993]
A BILL
To amend the Egg Research and Consumer Information
Act, the Watermelon Research and Promotion Act, and
the Lime Research, Promotion, and Consumer Informa-
tion Act of 1990 to revise the operation of these Acts
and to authorize the establishment of a fresh cut flowers
and fresh cut greens promotion and consumer informa-
tion program for the benefit of the floricultural industry,
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 ‘‘Omnibus Agricultural
Research and Promotion Improvement Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—EGG RESEARCH AND CONSUMER INFORMATION
Sec. 101. Short title.
Sec. 102. Rate of assessment.
Sec. 103. Exempted egg producers.
TITLE II—WATERMELON RESEARCH AND PROMOTION
Sec. 201. Short title.
Sec. 202. Change to majority vote in referendum procedures.
Sec. 203. Expansion of watermelon plans to entire United States.
Sec. 204. Clarification of differences between producers and handlers.
Sec. 205. Clarification of collection of assessments by the Board.
Sec. 206. Changes to assessment rate not subject to formal rulemaking.
Sec. 207. Elimination of watermelon assessment refund.
Sec. 208. Equitable treatment of watermelon plans.
Sec. 209. Separate consideration of watermelon plan amendments.
TITLE III—FRESH CUT FLOWERS AND FRESH CUT GREENS
PROMOTION AND INFORMATION
Sec. 301. Short title.
Sec. 302. Findings and declaration of policy.
Sec. 303. Definitions.
Sec. 304. Issuance of orders.
Sec. 305. Fresh Cut Flowers and Fresh Cut Greens Promotion Council
(PromoFlor Council).
Sec. 306. Assessments.
Sec. 307. Miscellaneous requirements of order.
Sec. 308. Referenda.
Sec. 309. Petition and review.
Sec. 310. Enforcement.
Sec. 311. Investigations and power to subpoena.
Sec. 312. Confidentiality.
Sec. 313. Authority for Secretary to suspend or terminate order.
Sec. 314. Construction.
Sec. 315. Regulations.
Sec. 316. Authorization of appropriations.
Sec. 317. Separability.
TITLE IV—LIME RESEARCH, PROMOTION, AND CONSUMER
INFORMATION
Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Definition of lime.
Sec. 404. Required terms in orders.
Sec. 405. Initial referendum.
TITLE I—EGG RESEARCH AND
CONSUMER INFORMATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Egg Research and
Consumer Information Improvement Act’’.
SEC. 102. RATE OF ASSESSMENT.
(a) ASSESSMENT TERMS
AND CONDITIONS
IN OR-
DERS.—Section 8(e) of the Egg Research and Consumer In-
formation Act (7 U.S.C. 2707(e)) is amended—
(1) by designating the first and second sentences
as paragraph (1);
(2) by designating the fifth and sixth sentences
as paragraph (3);
(3) by striking the third and fourth sentences
and inserting the following new paragraph:
‘‘(2)(A) The rate of assessment shall be prescribed by
the order, except that the rate of assessment may not exceed
30 cents per case of commercial eggs or the equivalent there-
of.
‘‘(B) The Secretary may amend the order to increase
the rate of assessment (subject to the limitation in subpara-
graph (A)) only if the increase is recommended by the Egg
Board and approved by egg producers in a referendum con-
ducted under section 9(b).
‘‘(C) The Secretary may amend the order to decrease
the rate of assessment only if the decrease is recommended
by the Egg Board. A decrease in the rate of assessment shall
take effect only after the Secretary provides public notice
and an opportunity for comment in accordance with section
553 of title 5, United States Code. Sections 556 and 557
of such title shall not apply with respect to decreasing the
rate of assessment.’’; and
(4) by conforming the margins of paragraphs (1)
and (3) (as so designated) to the margin of paragraph
(2).
(b) REFERENDUM REQUIREMENTS.—Section 9 of the
Egg Research and Consumer Information Act (7 U.S.C.
2708) is amended—
(1) by designating the first two sentences as sub-
section (a);
(2) by designating the last sentence as subsection
(c);
(3) by inserting after subsection (a) (as so des-
ignated) the following new subsection:
‘‘(b)(1) Whenever the Egg Board determines, based on
scientific studies, marketing analysis, or other similar com-
petent evidence, that an increase in assessment rate is need-
ed 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 approve the
increase in the assessment rate proposed by the Egg Board.
The increase in the assessment rate shall take effect if ap-
proved or favored by not less than two-thirds of the produc-
ers voting in such referendum, or by a majority of the pro-
ducers voting in such referendum if such majority produced
not less than two-thirds of all the commercial 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 under-
take to determine under paragraph (1), as soon as prac-
ticable after such date of enactment, whether to request that
the Secretary conduct a referendum under paragraph (2).
If the Egg Board makes such a request on competent evi-
dence, as provided in paragraph (1), the Secretary shall
conduct such referendum as soon as practicable, but not
later than 120 days after receipt of the request from the
Egg Board.
‘‘(4) Notwithstanding any other provision of this Act,
whenever an increase in the assessment rate and the author-
ity 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 producers.
The amendment to the order shall become effective on the
date it is issued.’’; and
(4) by conforming the margins of subsections (a)
and (c) (as so designated) to the margin of subsection
(b).
SEC. 103. EXEMPTED EGG PRODUCERS.
(a) INCREASE
IN
EXEMPTION
AMOUNT.—Section
12(a)(1) of the Egg Research and Consumer Information
Act (7 U.S.C. 2711(a)(1)) is amended by striking ‘‘30,000
laying hens’’ and inserting ‘‘75,000 laying hens’’.
(b) ISSUANCE OF AMENDMENT TO ORDER.—To imple-
ment the amendment made by subsection (a) to the Egg
Research and Consumer Information Act, the Secretary of
Agriculture shall issue an amendment to the egg promotion
and research order issued under such Act. The amendment
to the order shall be issued after public notice and oppor-
tunity for comment in accordance with section 553 of title
5, United States Code. Sections 556 and 557 of such title
shall not apply with respect to the amendment to the order.
The Secretary shall issue the proposed amendment to the
order not later than 30 days after the date of the enactment
of this title.
(c) EFFECTIVE DATE.—The amendment to the egg pro-
motion and research order required by subsection (b) shall
become effective not later than 120 days after the date of
the enactment of this Act. The amendment shall not be sub-
ject to a referendum under the Egg Research and Consumer
Information Act.
TITLE II—WATERMELON
RESEARCH AND PROMOTION
SEC. 201. SHORT TITLE.
(a) SHORT TITLE.—This title may be cited as the
‘‘Watermelon Research and Promotion Improvement Act’’.
SEC. 202. CHANGE TO MAJORITY VOTE IN REFERENDUM
PROCEDURES.
Section 1653 of the Watermelon Research and Pro-
motion Act (7 U.S.C. 4912) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 1653.’’;
(2) by striking the third sentence; and
(3) inserting at the end the following new sub-
section:
‘‘(b) A plan issued under this subtitle shall not take
effect unless the Secretary determines that the issuance of
the plan is approved or favored by a majority of the produc-
ers and handlers (and importers if subject to the plan) vot-
ing in the referendum.’’.
SEC. 203. EXPANSION OF WATERMELON PLANS TO ENTIRE
UNITED STATES.
(a) DEFINITIONS.—Section 1643 of the Watermelon
Research and Promotion Act (7 U.S.C. 4902(3)) is amend-
ed—
(1) in paragraph (3), by striking ‘‘the forty-eight
contiguous States of’’; and
(2) by adding at the end the following new para-
graph:
‘‘(10) The term ‘United States’ means each of the
several States and the District of Columbia.’’.
(b) ISSUANCE OF PLANS.—The last sentence of section
1644 of such Act (7 U.S.C. 4903) is amended by striking
‘‘the forty-eight contiguous States of’’.
SEC. 204. CLARIFICATION OF DIFFERENCES BETWEEN PRO-
DUCERS AND HANDLERS.
Section 1647(c) of the Watermelon Research and Pro-
motion Act (7 U.S.C. 4906(c)) is amended by adding at
the end the following:
‘‘(3) If a producer purchases watermelons from other
producers, in a combined total volume that is equal to 25
percent or more of the producer’s own production, the pro-
ducer shall be eligible to serve on the Board only as a rep-
resentative of handlers and not as a representative of pro-
ducers. In addition, if the combined total volume of water-
melons handled by a producer from the producer’s own pro-
duction and purchases from other producers’ production is
more than 50 percent of the producer’s own production, the
producer shall be eligible to serve on the Board only as a
representative of handlers and not as a representative of
producers.’’.
SEC. 205. CLARIFICATION OF COLLECTION OF ASSESS-
MENTS BY THE BOARD.
Section 1647 of the Watermelon Research and Pro-
motion Act (7 U.S.C. 4906) is amended—
(1) in subsection (f), by striking ‘‘collection of
the assessments by the Board.’’ and inserting ‘‘pay-
ment of the assessments to the Board.’’; and
(2) in paragraphs (1) and (3) of subsection (g),
by striking ‘‘collected’’ and inserting ‘‘received’’.
SEC. 206. CHANGES TO ASSESSMENT RATE NOT SUBJECT
TO FORMAL RULEMAKING.
Section 1647(f) of the Watermelon Research and Pro-
motion Act (7 U.S.C. 4906(f)), as amended by section
205(1), is further amended by adding at the end the follow-
ing new sentences: ‘‘In fixing or changing the rate of assess-
ment pursuant to the plan, the Secretary shall comply with
the notice and comment procedures established under sec-
tion 553 of title 5, United States Code. Sections 556 and
557 of such title shall not apply with respect to fixing or
changing the rate of assessment.’’.
SEC. 207. ELIMINATION OF WATERMELON ASSESSMENT RE-
FUND.
Section 1647(h) of the Watermelon Research and Pro-
motion Act (7 U.S.C. 4906(h)) is amended—
(1) by striking ‘‘The plan’’ in the first sentence
and inserting ‘‘(1) Except as provided in paragraph
(2), the plan’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(2) If approved in the referendum required by section
1655(b) relating to the elimination of the assessment refund
under paragraph (1), the Secretary shall amend the plan
that is in effect on the day before the date of the enactment
of the Watermelon Research and Promotion Improvement
Act to eliminate such refund provision.
‘‘(3) Notwithstanding paragraph (2), if importers are
subject to the plan, the plan shall provide that importers
of less than 75,000 pounds of watermelons per year shall
be entitled to apply for a refund of the equivalent of the
rate of assessment paid by domestic producers. The Sec-
retary may adjust the weight exemption contained in this
paragraph to reflect significant changes in the average yield
per acre of watermelons in the United States for the 5-year
period immediately preceding the year in which the adjust-
ment is made. An adjustment in the weight exemption
under this paragraph may be made only upon the rec-
ommendation of the Board and after the Secretary provides
an opportunity for notice and comment on the proposed ad-
justment.’’.
SEC. 208. EQUITABLE TREATMENT OF WATERMELON PLANS.
(a) DEFINITIONS.—Section 1643 of the Watermelon
Research and Promotion Act (7 U.S.C. 4902), as amended
by section 203(a), is further amended—
(1) in paragraph (3), by striking the semicolon
at the end and inserting the following: ‘‘or imported
into the United States.’’;
(2) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively; and
(3) by inserting after paragraph (5) the follow-
ing new paragraphs:
(i) REFERENDUM.—Section 1653 of such Act (7 U.S.C.
4912), as amended by section 202, is further amended—
(1) in the first sentence—
(A) by striking ‘‘and handlers’’ both places
it appears and inserting ‘‘, handlers, and im-
porters’’; and
(B) by striking ‘‘or handling’’ and inserting
‘‘, handling, or importing’’;
(2) by striking the second sentence; and
(3) in the sentence beginning ‘‘The ballots’’—
(A) by striking ‘‘or handler’’ and inserting
‘‘, handler, or importer’’; and
(B) by striking ‘‘or handled’’ and inserting
‘‘, handled, or imported’’.
(j) TERMINATION OF PLANS.—Section 1654(b) of such
Act (7 U.S.C. 4913(b)) is amended—
(1) in the first sentence—
(A) by striking ‘‘10 per centum or more’’
and inserting ‘‘at least 10 percent of the com-
bined total’’; and
(B) by striking ‘‘and handlers’’ both places
it appears and inserting ‘‘, handlers, and im-
porters’’;
(2) in the second sentence—