[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1637 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1637



 To amend the Egg Research and Consumer Information Act, to accomplish 
 an expansion of exemption eligibility from assessments under this Act 
 and to authorize increased assessment rates if approved by producers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

Mr. Stenholm (for himself, Mr. Boehner, and Mr. Holden) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Egg Research and Consumer Information Act, to accomplish 
 an expansion of exemption eligibility from assessments under this Act 
 and to authorize increased assessment rates if approved by producers.

    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. AMENDMENTS RELATING TO RATE OF ASSESSMENT.

    (a) Amendments to Section 8.--Section 8(e) of the Egg Research and 
Consumer Information Act (7 U.S.C. 2707(e)) is amended by--
            (1) designating the first and second sentences as paragraph 
        (1);
            (2) designating the fifth and sixth sentences as paragraph 
        (3); and
            (3) striking out the third and fourth sentences and 
        inserting in lieu thereof the following new paragraph: ``(2) 
        The rate of assessments shall be prescribed by the order, and 
        shall not exceed 30 cents per case of commercial eggs or the 
        equivalent thereof. The order may be amended to change the rate 
        of assessment if recommended by the Egg Board and approved by 
        egg producers in a referendum conducted under section 9(b).''.
    (b) Amendments to Section 9.--Section 9 of the Egg Research and 
Consumer Information Act (7 U.S.C. 2708) is amended by--
            (1) designating the first two sentences as subsection (a);
            (2) designating the last sentence as subsection (c); and
            (3) inserting after subsection (a), as designated under 
        paragraph (1), the following new subsection:
    ``(b)(1) Whenever the Egg Board determines, based on scientific 
studies, marketing analysis, or other similar competent evidence, that 
an increase in assessment rate is needed to ensure that assessments 
under the order are set at an appropriate level to effectuate the 
declared policy of this Act, the Egg Board may request that the 
Secretary conduct a referendum, as provided in paragraph (2).
    ``(2) When requested by the Egg Board under paragraph (1) or (3), 
the Secretary shall conduct a referendum among egg producers not exempt 
hereunder who, during a representative period determined by the 
Secretary, have been engaged in the production of commercial eggs, for 
the purpose of ascertaining whether such producers approve the change 
in the assessment rate proposed by the Egg Board. The change in the 
assessment rate shall take effect if approved or favored by not less 
than two-thirds of the producers voting in such referendum, or by a 
majority of the producers voting in such referendum if such majority 
produced not less than two-thirds of all the commercial eggs produced 
by those voting during a representative period defined by the 
Secretary.
    ``(3) With respect to the order in effect on the date of the 
enactment of this subsection, the Egg Board shall undertake to 
determine under paragraph (1), as soon as practicable after such date 
of enactment, whether to request that the Secretary conduct a 
referendum under paragraph (2). If the Egg Board makes such a request 
on competent evidence, as provided in paragraph (1), the Secretary 
shall conduct such referendum as soon as practicable, but not later 
than 3 months after receipt of such request from the Egg Board.
    ``(4) Notwithstanding any other provision of this Act, whenever an 
increase in the assessment rate and the authority for additional 
increases is approved by producers in a referendum under this 
subsection, the Secretary shall amend the order as appropriate to 
reflect such vote of producers; and such amendment to the order shall 
become effective on the date it is issued.''.

SEC. 3. AMENDMENT RELATING TO EXEMPT PRODUCERS.

    Section 12(a)(2) of the Egg Research and Consumer Information Act 
(7 U.S.C. 2711) is amended by striking out ``30,000 laying hens'' and 
inserting in lieu thereof ``50,000 laying hens''.

SEC. 4. AMENDMENT TO EGG PROMOTION AND RESEARCH ORDER.

    Notwithstanding any other provision of law:
    (a) Amendment.--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 this Act. Such 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 such order not later than 30 days after the date of the 
enactment of this Act.
    (b) Effective Date.--The amendments to the egg promotion and 
research order required by subsection (a) shall become effective no 
later than 90 days after the date of the enactment of this Act, and 
shall not be subject to a referendum under the Egg Research and 
Consumer Information Act.

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