Watermelon Research and Promotion Improvement Act of 1993
PL 103-189 (S.778), enacted 12/14/1993

PUBLIC LAW 103-189—DEC. 14, 1993 
107 STAT. 2259 
Public Law 103-189 
103d Congress 
An Act 
To amend the Watermelon ][lesearch and Promotion Act to expand operation of 
the Act to the entire United States, to authorize the revocation of the refund 
Dec. 14, 1993 
provision of the Act, to modify the referendum procedures of the Act, and for 
[S. 778] 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Watermelon 
Research and^ 
SECTION 1. SHORT TTTLE AND TABLE OF CONTENTS. 
Promotion 
(a) SHORT TITLE.—^This Act may be cited as the **Watermelon vvcfofTm" 
Research and Promotion Improvement Act of 1993". 
7 USC 4901 note. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Change to mtyority vote in referendum procedures. 
Sec. 3. Expansion of watermelon plans to entire United States. 
, 
Sec. 4. Clarification of differences between producers and handlers. 
Sec. 5. Clarification of collection of assessments by the Board. 
Sec. 6. Changes to assessment rate not subject to formal rulemaking. 
Sec. 7. Elimination of watenrxelon assessment refimd. 
Sec. 8. Equitable treatment of watermelon plans. 
Sec. 9. Definition of producer. 
Sec. 10. Amendment procedure. 
SEC. 2. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES. 
Section 1653 of the Watermelon Research and Promotion Act 
(7 U.S.C. 4912) is amended— 
(1) by inserting "(a)" after "SEC 1653."; 
(2) by striking the third sentence; and 
(3) by adding at the end the following new subsection: 
"(b) A plan issued under this subtitle shall not take efTect 
unless the Secretary determines that the issuance of the plan 
is approved or favored by a m^ority of the producers and handlers 
(and importers who are subject to the plan) voting in the referen-
dum.". 
SEC. 
3
. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED 
STATES. 
(a) DEFINITIONS.—Section 1643 of the Watermelon Research 
and Promotion Act (7 U.S.C. 4902) 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 TJnited States' means each of the several 
States and the District of Columbia.". 
69-194 O - 94 - 11 : QL. 3 Part 3 
107 STAT. 2260 
PUBLIC LAW 103-189—DEC. 14, 1993 
(b) ISSUANCE OF PLANS.—The last sentence of section 1644 
of such Act (7 U.S.C. 4903) is amended by striking "the forty-
eight contiguous States of. 
SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS 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 
new paragraph: 
(1) by inserting "(1)" after "(c)"; and 
(2) by adding at the end the following new paragraph: 
"(2) A producer shall be eligible to serve on the Board only 
as a representative of handlers, and not as a representative of 
producers, if— 
"(A) the 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; or 
"(B) the combined total volume of watermelons handled 
by the producer from the producer's own production and pur-
chases from other producers' production is more than 50 percent 
of the producer's own production.". 
SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE 
BOARD. 
Section 1647 of the Watermelon Research and Promotion Act 
(7 U.S.C. 4906) is amended— 
(1) in subsection (f), by striking "collection of the assess-
ments by the Board" and inserting "payment of the assessments 
to the Board."; and 
(2) in paragraphs (1) and (3) of subsection (g), by striking 
"collected" each place it appears and inserting "received". 
SEC. 6. 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)) is amended by adding at the end the following 
new sentences: "In fixing or changing the rate of assessment pursu-
ant to the plan, the Secretary shall comply 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. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND. 
Section 1647(h) of the Watermelon Research and Promotion 
Act (7 U.S.C. 4906(h)) is amended— 
(1) by striking "(h) The" and inserting "(h)(1) Except ^s 
provided in paragraph (2), the"; and 
(3) by adding at the end the following new paragraphs: 
"(2) If approved in the referendum required by section 1655(b) 
relating to the elimination of the assessment refiind under para-
graph (1), the Secretary shall amend the plan that is in effect 
on the day before the date of the enactment of the Watermelon 
Research and Promotion Improvement Act of 1993 to eliminate 
the reftind provision. 
"(3)(A) Notwithstanding paragraph (2) and subject to subpara-
graph (B), if importers are subject to the plan, the plan shall 
provide that an importer of less than 150,000 pounds of water-
PUBLIC LAW 103-189—DEC. 14, 1993 
107 STAT. 2261 
melons per year shall be entitled to apply for a refund that is 
based on the rate of assessment paid by domestic producers. 
"(B) The Secretary may adjust the quantity of the weight 
exemption specified in subparagraph (A) on the recommendation 
of the Board after an opportunity for 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, to reflect significant changes in the 5-year average yield per 
acre of watermelons produced in the United States.". 
SEC. 
8
. 
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 3(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), respecti^^ely; and 
(3) by inserting after paragraph (5) the following new para-
graphs: 
"(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 
imder this subtitle. . 
(b) ISSUANCE OF PLANS.—Section 1644 of such Act (7 U.S.C. 
4903), as amended by section 3(b), is further amended— 
(1) in the nrst sentence, by striking "and handlers" and 
inserting ", handlers, and importers"; 
(2) by striking the second sentence; and 
(3) in the last sentence, by inserting "or imported 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 handlers" and 
inserting ", handlers, and importers"; and 
(2) in the last sentence, by striking "or handlers" 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 4, is further amended— 
(1) in the second sentence of paragraph (1), by striking 
"producer and handler members" and inserting "other mem-
bers"; and 
(2) by adding at the end the following new paragraph: 
"(3)(A) If importers are subject to the plan, the Board shall 
also include 1 or more representatives of importers, who shall 
be appointed by the Secretary from nominations submitted by 
importers in such manner as may be prescribed by the Secretary. 
"(B) Importer representation on the Board shall be propor-
tionate to the percentage of assessments paid by importers to the 
Board, except that at least 1 representative of importers shall 
serve on the Board. 
"(C) 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 representatives of importers. 
"(D) Not later than 5 years after the date that importers are 
subjected to the plan, and every 5 years thereafter, the Secretary 
107 STAT. 2262 
PUBLIC LAW 103-189—DEC. 14, 1993 
shall evaluate the average annual percentage of assessments paid 
by importers during the 3-year period preceding the date of the 
evaluation and adjust, to the extent practicable, the number of 
importer representatives on the Board.". 
(e) ASSESSMENTS.—Section 1647(g) of such Act (7 U.S.C. 
4906(g)) is amended— 
(1) in paragraph (4)— 
(A) by striking "(4) assessments" and inserting "(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 assessment 
shall also be made on watermelons imported into the United 
States by the importers. The rate of assessment for importers 
' 
who are subject to the plan shall be equal to the combined 
rate for producers and handlers.". 
(f) REFUNDS.—Paragraph (1) of section 1647(h) of such Act 
(7 U.S.C. 4906(h)), as amended by section 7, is further amended— 
(1) by inserting after "or handler" the first two places 
it appears the following: "(or importer who is subject 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.CJ. 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)(A) If importers are subject to the plan, each importer 
required to pay assessments under the plan shall be responsible 
for payment of the assessment to the Board, as the Board may 
direct. 
"(B) The assessment on imported watermelons 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. 
"(C) Each importer required to pay assessments under the 
plan shall maintain a separate record that includes a record of— 
"(i) the total quantity of watermelons imported into the 
United States that are included under the terms of the plan; 
"(ii) the total quantity of watermelons that are exempt 
from the plan; and 
"(iii) such other information as may be prescribed by the 
Board. 
"(D) No more than 1 assessment shall be made on any imported 
watermelon."; 
(2) in subsection (b), by inserting "and importers" after 
"Handlers"; and 
(3) in subsection (cXD, by inserting "or importers" after 
"handlers". 
(h) INVESTIGATIONS.—Section 1652(a) of such Act (7 U.S.C. 
4911(a)) is amended— 
(1) in the first sentence, by striking "a handler or any 
other person" by inserting "a person"; 
(2) in the fourth sentence, by inserting "(or an importer 
who is subject to the plan)" after "a handler"; and 
PUBLIC LAW 103-189—DEC. 14, 1993 
107 STAT. 2263 
(3) in the last sentence, by striking "the handler or other 
person" and inserting "the person". 
(i) REFERENDUM.—^Subsection (a) of section 1653 of such Act 
(7 U.S.C. 4912), as amended by section 2, is further amended— 
(1) in the first sentence— 
(A) by striking "and handlers" both places it appears 
and inserting ", handlers, and importers"; and 
(B) by striking "or handUng*^ and inserting ", handling, 
or importing"; 
(2) by striking the second sentence; and 
(3) in the sentence beginning with "The ballots"— 
(A) by striking "or handler" and inserting ", handler, 
or importer"; and 
(B) by striking "or handled" and inserting ", handled, 
or imported". 
(j) TERMINATION OF PLANS.—Section 1654(b) of such Act (7 
U.S.C. 4913(b)) is amended— 
(1) in the first sentence— 
(A) by striking "10 per centum or more" and inserting 
"at least 10 percent of the combined total"; and 
(B) by striking "and handlers" both places it appears 
and inserting ", handlers, and importers"; 
(2) in the second sentence— 
(A) by striking "or hsuidle" and inserting ", handle, 
or import"; 
(B) by striking "50 per centum" and inserting "50 per-
cent of the combined total"; and 
(C) by striking "or handled by the handlers," and 
inserting ", handled by the handlers, or imported by the 
importers"; and 
(3) by striking the last sentence. 
(k) CONFORMING AND TECHNICAL AMENDMENTS.—Such Act is 
further amended— 
(1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by striking 
"and handUng" and inserting "handhng, and importing"; 
(2) in the first sentence of section 1642(b) (7 U.S.C. 
4901(b))— 
(A) by inserting ", or imported into the United States," 
after "harvested in the United States"; and 
(B) by striking "produced in the United States"; 
(3) in section 1643 (7 U.S.C. 4902), as amended by sub-
section (a) and section 3(a)— 
(A) by striking "subtitle—^ and inserting "subtitle:"; 
(B) in paragraphs (1) through (5), by striking "the 
term" each place it appears and inserting 'The term"; 
(C) in paragraphs (1), (2), (4), and (5), by striking 
the semicolon at the end of each paragraph and inserting 
a period; 
(D) in paragraph (8), as redesignated by subsection 
(aX2)-
(i) by striking "the term" and inserting "The term"; 
and 
(ii) by striking "; and" and inserting a period; 
and 
107 STAT. 2264 
PUBLIC LAW 103-189—DEC. 14, 1993 
(E) in paragraph (9), as redesignated by subsection 
(aX2)— 
(i) by striking "the term" and inserting "The term"; 
and 
(ii) by striking "1644" and inserting "1647"; and 
(4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by 
subsection (e) and section 5(2)— 
(A) by striking "that—" and inserting "the following:"; 
(B) in paragraph (1)— 
(i) by striking "(1) funds" and inserting "(1) Funds"; 
and 
(ii) by striking the semicolon at the end and insert-
ing a period; 
i V i- 
(C) in paragraph (2)— 
(i) by striking "(2) no" and inserting "(2) No"; and 
' 
(ii) by striking the semicolon at the end and insert-
ing a period; 
(D) in paragraph (3)— 
'. 
(i) by striking "(3) no" and inserting "(3) No"; and 
(ii) by striking "; and" and inserting a period. 
SEC. 9. DEFmrnON OF PRODUCER. 
(a) IN GENERAL.—Section 1643(5) of the Watermelon Research 
and Promotion Act (7 U.S.C. 4902(5)) is amended by striking "five" 
and inserting "10". 
(b) CERTIFICATION.—Section 1647 of such Act (7 U.S.C. 4906) 
is amended by adding at the end the following new subsection: 
"(1) The plan shall provide that the Board shall have the author-
ity to establish rules for certifying whether a person meets the 
definition of a producer under section 1643(5).". 
SEC. 10. AMENDMENT PROCEDURE. 
Section 1655 of the Watermelon Research and Promotion Act 
(7 U.S.C. 4914) is amended to read as follows: 
"SEC. 1655. AMENDMENT PROCEDURE. 
Publication. 
"(a) IN GENERAL.—Before a plan issued by the Secretary under 
this subtitle may be amended, the Secretary shall publish the 
proposed amendments for public comment and conduct a referen-
dum in accordance with section 1653. 
"(b) SEPARATE CONSIDERATION OF AMENDMENTS.— 
"(1) IN GENERAL.—^The amendments described in paragraph 
(2) that are required to be made by the Secretary to a plan 
as a result of the amendments made by the Watermelon 
Research and Promotion Improvement Act of 1993 shall be 
subject to separate line item voting and approval in a referen-
dum conducted pursuant to section 1653 before the Secretary 
alters the plan as in effect on the day before the date of 
the enactment of such Act. 
"(2) AMENDMENTS.—^The amendments referred to in para-
graph (1) are the amendments to a plan required under— 
"(A) section 7 of the Watermelon Research and Pro-
motion Improvement Act of 1993 relating to the elimination 
of the assessment refimd; and 
"(B) section 8 of such Act relating to subjecting import-
ers to the terms and conditions of the plan. 
PUBLIC LAW 103-189—DEC. 14, 1993 
107 STAT. 2265 
"(3) IMPORTERS.—^When conducting the referendum relating 
to subjecting impoi'ters to the terms and conditions of a plan, 
the Secretary shall include as eligible voters in the referendum 
producers, handlers, and importers who would be subject to 
the plan if the amendments to a plan were approved.". 
Approved December 14, 1993. 
LEGISLATIVE HISTORY—S. 778 (H.R. 3515): 
HOUSE REPORTS: No. 103-394 accompanying H.R. 3515 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Nov. 20, S. 778 consideied and passed Senate. H.R. 3515 considered and 
passed House. 
Nov. 21, S. 778 considered and passed House.