[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1333 Introduced in House (IH)]

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 Representative regarding the 
 prohibition or regulation of the importation of fruits and vegetables 
                        into the United States.

    Be it enacted by the Senate and House of Representatives 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 Agriculture and Trade 
Representative.--Section 8e of the Agricultural Adjustment Act (7 
U.S.C. 608e-1), reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, is amended by striking subsections (c) and (d) 
and inserting the following new subsections:
    ``(c) Notification of Proposed Prohibitions and Regulations.--
            ``(1) Notification of trade representative required.--
        Whenever the Secretary of Agriculture proposes to issue an 
        import prohibition or regulation under this section with 
        respect to a commodity, the Secretary shall provide specific 
        notification to the United States Trade Representative in 
        writing of the content of the proposed import prohibition or 
        regulation. The Secretary shall include in the notification a 
        request for the advice of the United States Trade 
        Representative regarding whether the application of the grade, 
        size, quality, and maturity 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 notification of the 
        United States Trade Representative required 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 
        regulation under this section.
    ``(d) Final Issuance of Prohibitions and Regulations.--
            ``(1) Notification of trade representative 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 
        provide specific notification to the United States Trade 
        Representative in writing of the content of the import 
        prohibition or regulation.
            ``(2) Prevention of operation of prohibition 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 regulation, the United States Trade 
        Representative submits to the Secretary an opinion concluding 
        that the application of the grade, size, quality, and maturity 
        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.''
    (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 Adjustment 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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