An act to amend the Egg Research and Consumer Information Act and to establish an intergovernmental study group to analyze recent events in the silver cash and futures markets.
PL 96-276 (H.R.6285), enacted 06/17/1980

PUBLIC LAW 96-276—JUNE 17, 1980 
94 STAT. 541 
Public Law 96-276 
96th Congress 
An Act 
To amend the Egg Research and Consumer Information Act and to establish an 
intergovernmental study group to analyze recent events in the silver cash and 
futures markets. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Egg Research and Consumer Information Act Amend-
ments of 1980". 
SEC. 2. Section 8(a) of the Egg Research and Consumer Information 
Act (7 U.S.C. 2707(a)) is amended by deleting the word "eighteen" in 
such section and inserting in lieu thereof the word "twenty '. 
SEC. 3. Section 8(b) of the Egg Research and Consumer Information 
Act (7 U.S.C. 2707(b)) is amended by deleting the period at the end of 
the paragraph and inserting the following: : Provided further, That 
two members of the Egg Board, and alternates therefor, shall be 
consumers or representatives of consumers, if approved by egg 
producers voting in a referendum on an amendment to the order. 
Such consumer appointments shall be made by the Secretary from 
nominations submitted by eligible organizations. If the Secretary 
determines that such nominees are not members of either a bona fide 
consumer organization or do not represent consumers, the Secretary 
may appoint such consumers or representatives of consumers as 
deemed necessary to properly represent the interest of consumers. 
Consumer members of the Egg Board shall be voting members.". 
SEC. 4, Section 8(e) of the Egg Research and Consumer Information 
Act (7 U.S.C. 2707(e)) is amended by striking the third sentence and 
inserting in lieu thereof the following: "For fiscal year 1981, the rate 
of assessment prescribed by the order shall not exceed 7 ¥2 cents per 
case of commercial eggs or the equivalent thereof. For each fiscal 
year thereafter, the rate of assessment may be increased by no more 
than three-quarters of a cent per case of commercial eggs or the 
equivalent thereof: Provided, That the rate of assessment shall not 
exceed 10 cents per case of commercial eggs or the equivalent 
thereof.". 
SEC. 5. Section 9 of the Egg Research and Consumer Information 
Act (7 U.S.C. 2708) is amended by adding at the end thereof a new 
sentence as follows: "The failure of egg producers to approve an 
amendment to any Egg Research and Promotion Order shall not be 
deemed to invalidate such order.". 
SEC. 6. Section 15 of the Egg Research and Consumer Information 
Act (7 U.S.C. 2714) is amended by striking section 15 of the Act and 
inserting in lieu thereof the following: 
"SEC. 15. (a) The several district courts of the United States are 
vested with jurisdiction specifically to enforce, and to prevent and 
restrain any person from violating, any order or regulation made or 
issued pursuant to this Act. Any civil action authorized to be brought 
under this subsection shall be referred to the Attorney General for 
appropriate action: Provided, That nothing in this Act shall be 
June 17, 1980 
[H.R. 6285] 
Egg Research 
and Consumer 
Information Act 
Amendments of 
1980. 
7 u s e 2701 note. 
Egg Board, 
consumer 
members. 
Rate of 
assessment. 
Enforcement of 
orders. 
Civil actions, 
referral to 
Attorney 
General. 
94 STAT. 542 
PUBLIC LAW 96-276—JUNE 17, 1980 
Civil penalty; 
cease-and-desist 
order. 
Hearing. 
Appeal. 
Final order, 
noncompliance 
penalty. 
Referral to 
Attorney 
General. 
Joint working 
group. 
7 u s e 4a note. 
Report. 
construed as requiring the Secretary to refer to the Attorney General 
violations of this Act whenever he believes that the administration 
and enforcement of the program would be adequately served by 
administrative action pursuant to paragraph (b) of this section or 
suitable written notice or warning to any person committing such 
violations. 
"(b)(1) Any person who violates any provisions of any order or 
regulation issued by the Secretary pursuant to this Act, or who fails 
or refuses to pay, collect, or remit any assessment or fee duly required 
of him thereunder, may be assessed a civil penalty by the Secretary of 
not less than $500 or more than $5,000 for each such violation. Each 
violation shall be a separate offense. In addition to or in lieu of such 
civil penalty the Secretary may issue an order requiring such person 
to cease and desist from continuing such violation or violations. No 
penalty shall be eissessed or cease and desist order issued unless such 
person is given notice and opportunity for a hearing before the 
Secretary with respect to such violation, and the order of the 
Secretary assessing a penalty or imposing a cease and desist order 
shall be final and conclusive unless the affected person files an appeal 
from the Secretary's order with the appropriate United States court 
of appeals. 
"(2) Any person against whom a violation is found and a civil 
penalty assessed or cease and desist order issued under paragraph 
(b)(1) of this section may obtain review in the court of appeals of the 
United States for the circuit in which such person resides or has his 
place of business or in the United States Court of Appeals for the 
District of Columbia Circuit by filing a notice of appeal in such court' 
within thirty days from the date of such order and by simultaneously 
sending a copy of such notice by certified mail to the Secretary. The 
Secretary shall promptly file in such court a certified copy of the 
record upon which such violation was found. The findings of the 
Secretary shall be set aside only if found to be unsupported by 
substantial evidence. 
"(3) Any person who fails to obey a cease and desist order after it 
has become final and unappealable, or after the appropriate court of 
appeals has entered final judgment in favor of the Secretary, shall be 
subject to a civil penalty assessed by the Secretary, after opportunity 
for a hearing and for judicial review pursuant to the procedures 
specified in paragraphs 0>) (1) and (2) of this section, of not more than 
$500 for each offense, and each day during which such failure 
continues shall be deemed a separate offense. 
"(4) If any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the appropriate 
court of appeals has entered final judgment in favor of the Secretary, 
the Secretary shall refer the matter to the Attorney General who 
shall recover the amount assessed in any appropriate district court of 
the United States. In such action, the validity and appropriateness of 
the final order imposing the civil penalty shall not be subject to 
review.". 
SEC. 7. The Commodity Exchange Act is amended by adding at the 
end thereof a new section 21 to read as follows: 
"SEC. 21. The Commission shall establish a joint working group 
with the Federal Reserve Board, Department of the Treasury, and 
Securities and Exchange Commission to analyze the various aspects 
of the events in the silver cash and futures markets during the period 
of September 1979 through March 1980. The joint working group will 
prepare a report of its findings that shall include, but not be limited 
PUBLIC LAW 96-276—JUNE 17, 1980 
94 STAT. 543 
to, a description of the causes of this situation, an appraisal of the 
adequacy of consultation during this period between the members of 
the joint working group, and recommendations for legislative 
changes that could prevent a recurrence of these or similar events in 
any futures market. The joint working group shall submit its report Submittal to 
to the appropriate committees of Congress by October 1, 1980.". coHfiStteer* 
Approved June 17, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-752 (Comm. on Agriculture). 
SENATE REPORT No. 96-765 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Feb. 19, considered and passed House. 
June 4, considered and passed Senate, amended. 
June 10, House agreed to Senate amendments. 
79-194 
O—81—pt. 1 
38 : QL3