I
103D CONGRESS
1ST SESSION
H. R. 3515
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
Agriculture
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. Required terms in orders.
Sec. 306. Assessments.
Sec. 307. Required determinations.
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
Information Act (7 U.S.C. 2707(e)) is amended—
(1) by designating the first and second sen-
tences 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 equiva-
lent thereof.
‘‘(B) The Secretary may amend the order to increase
the rate of assessment (subject to the limitation in sub-
paragraph (A)) only if the increase is recommended by the
Egg Board and approved by egg producers in a referen-
dum conducted 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 de-
creasing 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
subsection (a);
(2) by designating the last sentence as sub-
section (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
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 increase in the assessment rate proposed by the
Egg Board. The increase 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-
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 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 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. 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 sub-
section (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 im-
plement the amendment made by subsection (a) to the
Egg Research and Consumer Information Act, the Sec-
retary 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 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 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
promotion 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 subject 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
producers and handlers (and importers if subject to the
plan) voting 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
amended—
(1) in paragraph (3), by striking ‘‘the forty-
eight contiguous States of’’; and
(2) by adding at the end the following new
paragraph:
‘‘(10) The term ‘United States’ means each of
the several States and the District of Columbia.’’.
(b) ISSUANCE OF PLANS.—The last sentence of sec-
tion 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
Promotion 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
representative of handlers and not as a representative of
producers. In addition, if the combined total volume of wa-
termelons handled by a producer from the producer’s own
production and purchases from other producers’ produc-
tion is more than 50 percent of the producer’s own produc-
tion, the producer shall be eligible to serve on the Board
only as a representative of handlers and not as a rep-
resentative 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
Promotion Act (7 U.S.C. 4906(f)), as amended by section
205(1), is further amended by adding at the end the fol-
lowing new sentences: ‘‘In fixing or changing the rate of
assessment pursuant to the plan, the Secretary shall com-
ply with the notice and comment procedures established
under section 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
Promotion Act (7 U.S.C. 4906(h)) is amended—
(1) by inserting ‘‘(1) Except as provided in
paragraph (2)’’ after ‘‘(h)’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(2) If approved in the referendum required by sec-
tion 1655(b) relating to the elimination of the assessment
refund under paragraph (1), the Secretary shall amend
the plan which 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 upon the recommendation of the Board after
an opportunity for notice and comment to reflect signifi-
cant changes in the 5-year average yield per acre of water-
melons in the United States.’’.
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:
‘‘(6) The term ‘importer’ means any person
who imports watermelons into the United States.
‘‘(7) The term ‘plan’ means an order issued by
the Secretary under this subtitle.’’.
(b) ISSUANCE OF PLANS.—Section 1644 of such Act
(7 U.S.C. 4903), as amended by section 203(b), is further
amended—
(1) in the first sentence, by striking ‘‘and han-
dlers’’ and inserting ‘‘, handlers, and importers’’;
(2) by striking the second sentence; and
(3) in the last sentence, by inserting ‘‘or im-
ported into the United States’’ before the period.
(c) NOTICE
AND HEARINGS.—Section 1645(a) of
such Act (7 U.S.C. 4904(a)) is amended—
(1) in the first sentence, by striking ‘‘and han-
dlers’’ and inserting ‘‘, handlers, and importers’’;
and
(2) in the last sentence, by striking ‘‘or han-
dlers’’ and inserting ‘‘, handlers, or importers’’.
(d) MEMBERSHIP OF BOARD.—Section 1647(c) of
such Act (7 U.S.C. 4906(c)), as amended by section 204,
is further amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) in the second sentence, by striking ‘‘pro-
ducer and handler members’’ and inserting ‘‘other
members’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) If importers are subject to the plan, the Board
shall also include one or more representatives of importers
who shall be appointed by the Secretary from nominations
submitted by importers in such manner as may be pre-
scribed by the Secretary. Importer representation on the
Board shall be proportionate to the percentage of assess-
ments paid by importers to the Board, except that there
shall always be at least one representative of importers
on the Board. If importers are subject to the plan and
fail to select nominees for appointment to the Board, the
Secretary may appoint any importers as the representa-
tives of importers. Every 5 years, the Secretary shall
evaluate the average annual percentage of assessments
paid by importers during the most recent 3-year period
and adjust, to the extent possible, the number of importer
representatives on the Board.’’.
(e) ASSESSMENTS.—Section 1647(g) of such Act (7
U.S.C. 4906(g)), as amended by section 205(2), is further
amended—
(1) in paragraph (4)—
(A) by striking ‘‘(4) assessments’’ and in-
serting ‘‘(4) Assessments’’; and
(B) by inserting ‘‘in the case of producers
and handlers’’ after ‘‘such assessments’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) If importers are subject to the plan, an as-
sessment shall also be made on watermelons im-
ported into the United States by such importers.
The rate of assessment for importers (if subject to
the plan) shall be equal to the combined rate for
producers and handlers.’’.
(f) REFUNDS.—Section 1647(h) of such Act (7
U.S.C. 4906(h)), as amended by section 207, is further
amended—
(1) by inserting after ‘‘or handler’’ the first two
places it appears the following: ‘‘(or importer if sub-
ject to the plan)’’; and
(2) by striking ‘‘or handler’’ the last place it
appears and inserting ‘‘, handler, or importer’’.
(g) ASSESSMENT PROCEDURES.—Section 1649 of
such Act (7 U.S.C. 4908) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) If importers are subject to the plan, each im-
porter required to pay assessments under the plan shall
be responsible for payment to the Board, as it may direct,
of the assessment. The assessment on imported water-
melons shall be equal to the combined rate for domestic
producers and handlers and shall be paid by the importer
to the Board at the time of the entry of the watermelons
into the United States. Each such importer shall maintain