Egg Research and Consumer Information Act Amendments of 1993
PL 103-188 (S.717), enacted 12/14/1993

107 STAT. 2256 
PUBLIC LAW 103-188—DEC. 14, 1993 
Public Law 103-188 
103d Congress 
An Act 
Dec. 14, 1993 
[S. 717] 
Egg Research 
and Consumer 
Information Act 
Amendments of 
1993. 
7 u s e 2701 note. 
To amend the Egg Research and Consumer Information Act to modify the provisions 
governing the rate of assessment, to expand the exemption of egg producers 
from such Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
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". 
SEC. 2. ASSESSMENT RATE. 
(a) IN GENERAL.—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 sentences as para-
graph (1); 
(2) by designating the fifth and sixth sentences as para-
graph (3); and 
(3) by striking the third and fourth sentences and inserting 
the following new paragraph: 
"(2)(A) The assessment rate shall be prescribed by the order. 
The rate shall not exceed 20 cents per case (or the equivalent 
of a case) of commercial eggs. 
"(B) The order may be amended to increase the rate of assess-
ment if the increase is recommended by the Egg Board and approved 
by egg producers in a referendum conducted under section 9(b). 
"(C) The order may be amended to decrease the assessment 
rate 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.". 
(b) REFERENDUM.—Section 9 of such Act (7 U.S.C. 2708) is 
amended— 
(1) by designating the first and second sentences as sub-
section (a); 
(2) by designating the last sentence as subsection (c); and 
(3) by inserting after subsection (a) (as designated by para-
graph (1)) the following new subsection: 
"(b)(1) If the Egg Board determines, based on a scientific study, 
marketing analysis, or other similar competent evidence, that an 
increase in the assessment rate is needed to ensure that assess-
ments under the order are set at an appropriate level to effectuate 
the policy declared in section 2, the Egg Board may request that 
the Secretary conduct a referendum, as provided in paragraph 
(2). 
PUBLIC LAW 103-188—DEC. 14, 1993 
107 STAT. 2257 
"(2)(A) If the Egg Board requests the Secretary to conduct 
a referendum under paragraph (1) or (3), the Secretary shall conduct 
a referendum among egg producers not exempt from this Act who, 
during a representative period determined by the Secretary, have 
been engaged in the production of commercial eggs, for the purpose 
of ascertaining whether the producers approve the change in the 
assessment rate proposed by tne Egg Board. 
"(B) The change in the assessment rate shall become effective 
if the change is approved or favored by— 
"(i) not less than two-thirds of the producers voting in 
the referendum; or 
"(ii) a majority of the producers voting in the referendum, 
if the majority produced not less than two-thirds of all the 
commercial eggs produced by the producers voting during a 
representative period defined by the Secretary. 
"(3)(A) In the case of the order in effect on the date of enactment 
of this subsection, the Egg Board shall determine under paragraph 
(1), as soon as practicable after such date of enactment, whether 
to request that the Secretary conduct a referendum under para-
graph (2). 
"(B) If the Egg Board makes such a request on the basis 
of competent evidence, as provided in paragraph (1), the Secretary 
shall conduct the referendum as soon as practicable, but not later 
than— 
"(i) 120 days after receipt of the request from the Egg 
Board; or 
"(ii) if the Director of the Office of Management and Budget 
determines that the change in the assessment rate is a signifi-
cant action that requires review by the Director, 170 days 
after receipt of the request from the Egg Board. 
"(4) Notwithstanding £uiy other provision of this Act, if an 
increase in the assessment rate and the authority for additional 
increases is approved by producers in a referendum conducted under 
this subsection, the Secretary shall amend the order to reflect 
the vote of the producers. The amendment to the order shall become Effective date. 
effective on the date of issuance of the amendment.". 
SEC. 3. RESEARCH. 
Section 8(d) of the Egg Research and Consumer Information 
" 
Act (7 U.S.C. 2707(d)) is amended by adding at the end the following 
new sentence: "In preparing a budget for each of the 1994 and 
subsequent fiscal years, the Egg Board shall, to the maximum 
extent practicable, allocate a proportion of funds for research 
projects under this Act that is comparable to the proportion of 
funds that were allocated for research projects under this Act in 
the budget of the Egg Board for fiscal year 1993.". 
SEC. 4. EXEMPTED PRODUCERS. 
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 la3dng hens". 
SEC. 5. AMENDMENT TO ORDER. 
7 USC 2703 note. 
Notwithstanding any other provision of law: 
(1) IN GENERAL.—^The Secretary of Agriculture shall issue 
amendments to the egg promotion and research order issued 
under the Egg Research and Consumer Information Act (7 
U.S.C. 2701 et seq.) to implement the amendments made by 
107 STAT. 2258 
PUBLIC LAW 103-188—DEC. 14, 1993 
this Act. The 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 the order not later than 80 days after the 
date of enactment of this Act. 
(2) EFFECTIVE DATE.—^The amendments to the egg pro-
motion and research order required by paragraph (1) shall 
become effective not later than— 
(A) 30 days after the proposed amendments are issued; 
or 
(B) if the Director of the Office of Management and 
Budget determines that the amendments are a significant 
action that requires review by the Director, 50 days after 
the proposed amendments are issued. 
(3) REFERENDUM.—^The amendments referred to in para-
graph (2) shall not be subject to a referendum conducted under 
the Egg Research and Consumer Information Act. 
Approved December 14, 1993. 
LEGISLATIVE HISTORY—S. 717 (H.R. 3515): 
HOUSE REPORTS: No. 103-394 accompanying H.R. 3515 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Nov. 20, S. 717 considered and psissed Senate. H.R. 3515 considered and passed 
House. 
Nov. 21, S. 717 considered and passed House.