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Federal Agriculture Improvement and Reform Act (title
1 of Public Law 104–127).
SEC. 730. None of the funds appropriated in this Act
may be used to carry out the provisions of section 918
of Public Law 104–127, the Federal Agriculture Improve-
ment and Reform Act.
Ω121æSEC. 731. (a) IN GENERAL.—Any owner on
the date of enactment of this Act of the right to market
a nonsteroidal anti-inflammatory drug that—
(1) contains a patented active agent;
(2) has been reviewed by the Federal Food and
Drug Administration for a period of more than 96
months as a new drug application; and
(3) was approved as safe and effective by the
Federal Food and Drug Administration on January
31, 1991, shall be entitled, for the 2-year period be-
ginning on February 28, 1997, to exclude others
from making, using, offering for sale, selling, or im-
porting into the United States such active agent, in
accordance with section 154(a)(1) of title 35, United
States Code.
(b) INFRINGEMENT.—Section 271 of title 35, United
States Code shall apply to the infringement of the entitle-
ment provide under subsection (a).
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(c) NOTIFICATION.—Not later than 30 days after the
date of the enactment of this section, any owner granted
an entitlement under subsection (a) shall notify the Com-
missioner of Patents and Trademarks and the Secretary
for Health and Human Services of such entitlement. Not
later than 7 days after the receipt of such notice, the Com-
mission and the Secretary shall publish an appropriate no-
tice of the receipt of such notice.
SEC. 732. Ω122æFunds Hereafter, funds appropriated
to the Department of Agriculture may be used for inciden-
tal expenses such as transportation, uniforms, lodging,
and subsistence for volunteers serving under the authority
of 7 U.S.C. 2272, when such volunteers are engaged in
the work of the U.S. Department of Agriculture; and for
promotional items of nominal value relating to the U.S.
Department of Agriculture Volunteer Programs.
Ω123æSEC. 733. It is the sense of Congress that, not
later than the date of the enactment of this Act, the Sec-
retary of Agriculture should—
(1) release a detailed plan for compensating
wheat farmers and handlers adversely affected by
the karnal bunt quarantine in Riverside and Impe-
rial Counties of California, which should include—
(A) an explanation of the factors to be
used to determine the compensation amount for
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wheat farmers and handlers, including how con-
tract and spot market prices will be handled;
and
(B) compensation for farmers who have
crops positive for karnal bunt and compensation
for farmers who have crops which are negative
for karnal bunt, but which cannot go to market
due to the lack of Department action on match-
ing restrictions on the negative wheat with the
latest risk assessments; and
(2) review the risk assessments developed by
the University of California at Riverside and submit
a report to Congress describing how these risk as-
sessments will impact the Department of Agriculture
policy on the quarantine area for the 1997 wheat
crop.
Ω124æSEC. 734. Not to exceed 10 percent of the
amounts appropriated or otherwise made available by this
Act for the Rural Housing Assistance Program, the Rural
Business-Cooperative Assistance Program, and the Rural
Utilities Assistance Program may be transferred between
these programs for authorized purposes.
Ω125æSEC. 735. None of the funds appropriated or
otherwise made available to the Department of Agriculture
by this Act may be used to detail or assign an individual
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from an agency or office funded in this Act to any other
agency or office for more than 60 days, unless the Secretary
provides notification to the House and Senate Committees
on Appropriations that an employee detail or assignment
in excess of 60 days is required.
Ω126æSEC. 736. Section 747(e) of the Federal Agri-
culture Improvement and Reform Act of 1996 is amended
by inserting, ‘‘effective October 1, 1996’’ following ‘‘The Sec-
retary shall make grants’’ in Section 747(e)(2).
Ω127æSEC. 737. LABELING OF RAW POULTRY PROD-
UCTS.—
(a) IN
GENERAL.—Notwithstanding any other
provision of law, none of the funds appropriated or
otherwise made available by this Act may be used to
implement or enforce the final rule related to the la-
beling of raw poultry products promulgated by the
Food Safety and Inspection Service on August 25,
1995 (60 Fed. Reg. 44395), and the final rule shall
not be effective during fiscal year 1997.
(b) FINAL RULE.—Not later than 90 days after
the date of enactment of this Act, the Secretary of Ag-
riculture shall issue a revised final rule related to the
labeling of raw poultry products that—
(1) maintains the standard that the term
‘‘fresh’’ may be used only for raw poultry prod-
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ucts the internal core temperature of which has
not fallen below 26° Fahrenheit;
(2) deletes the requirement that poultry
products the internal core temperature of which
has ever been less than 26° Fahrenheit, but more
than 0° Fahrenheit, be labeled as ‘‘hard chilled’’
or ‘‘previously hard chilled’’, except that—
(A) the products shall be prohibited
under the rule from being labeled as ‘‘fresh’’
but shall not be required to bear any spe-
cific alternative labeling; and
(B) nothing in this section shall be in-
terpreted as modifying the requirements for
labeling of all poultry products the internal
core temperature of which has ever fallen to
0° Fahrenheit as ‘‘frozen’’;
(3) provides for a tolerance from the 26°
Fahrenheit standard established by the rule of—
(A) 1° Fahrenheit for poultry products
within an official processing establishment;
(B) 2° Fahrenheit for poultry products
in commerce;
(4) exempts from temperature testing wings,
tenders, hearts, livers, gizzards, necks, and prod-