I
103D CONGRESS
1ST SESSION
H. R. 1333
To provide for improved consultation between the Secretary of Agriculture
and the United States Trade Representative regarding the prohibition
or regulation of the importation of fruits and vegetables into the United
States.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1993
Mr. THOMAS of California introduced the following bill; which was referred
jointly to the Committees on Agriculture and Ways and Means
A BILL
To provide for improved consultation between the Secretary
of Agriculture and the United States Trade Representa-
tive regarding the prohibition or regulation of the impor-
tation of fruits and vegetables into the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IMPORT PROHIBITION AND REGULATION AS
PART OF DOMESTIC MARKETING ORDERS.
(a) CONSULTATION BETWEEN SECRETARY OF AGRI-
CULTURE AND TRADE REPRESENTATIVE.—Section 8e of
the Agricultural Adjustment Act (7 U.S.C. 608e-1), reen-
acted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by striking sub-
sections (c) and (d) and inserting the following new sub-
sections:
‘‘(c) NOTIFICATION
OF PROPOSED PROHIBITIONS
AND REGULATIONS.—
‘‘(1) NOTIFICATION
OF
TRADE
REPRESENTA-
TIVE REQUIRED.—Whenever the Secretary of Agri-
culture proposes to issue an import prohibition or
regulation under this section with respect to a com-
modity, the Secretary shall provide specific notifica-
tion to the United States Trade Representative in
writing of the content of the proposed import prohi-
bition or regulation. The Secretary shall include in
the notification a request for the advice of the Unit-
ed States Trade Representative regarding whether
the application of the grade, size, quality, and matu-
rity provisions of the relevant marketing order, or
comparable restrictions, to imports is inconsistent
with international obligations of the United States
under any trade agreement, including the General
Agreement on Tariffs and Trade.
‘‘(2) ADDITIONAL NOTIFICATION.—The notifi-
cation of the United States Trade Representative re-
quired under paragraph (1) shall be in addition to
any general notice of proposed rule making required
under section 553(b) of title 5, United States Code,
with respect to a proposed import prohibition or reg-
ulation under this section.
‘‘(d) FINAL ISSUANCE OF PROHIBITIONS AND REGU-
LATIONS.—
‘‘(1) NOTIFICATION
OF
TRADE
REPRESENTA-
TIVE REQUIRED.—Not later than 10 days before the
effective date of an import prohibition or regulation
to be issued under this section with respect to a
commodity, the Secretary of Agriculture shall pro-
vide specific notification to the United States Trade
Representative in writing of the content of the im-
port prohibition or regulation.
‘‘(2) PREVENTION OF OPERATION OF PROHIBI-
TION
OR
REGULATION.—An import prohibition or
regulation under this section shall not take effect if,
before the end of the 10-day period referred to in
paragraph (1) applicable to such prohibition or regu-
lation, the United States Trade Representative sub-
mits to the Secretary an opinion concluding that the
application of the grade, size, quality, and maturity
provisions of the relevant marketing order, or com-
parable restrictions, to imports is inconsistent with
international obligations of the United States under
any trade agreement, including the General Agree-
ment on Tariffs and Trade.’’
(b) APPLICATION OF AMENDMENT.—The amendment
made by this section shall apply with respect to an import
prohibition or regulation that is issued by the Secretary
of Agriculture under section 8e of the Agricultural Adjust-
ment Act (7 U.S.C. 608e-1), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, on
or after the date of the enactment of this Act.
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