[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 717

_______________________________________________________________________

                                 AN ACT

 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                 S. 717

_______________________________________________________________________

                                 AN ACT


 
 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 
        paragraph (1);
            (2) by designating the fifth and sixth sentences as 
        paragraph (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 assessment 
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 
        subsection (a);
            (2) by designating the last sentence as subsection (c); and
            (3) by inserting after subsection (a) (as designated by 
        paragraph (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 assessments 
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).
    ``(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 the 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 
paragraph (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 
        significant action that requires review by the Director, 170 
        days after receipt of the request from the Egg Board.
    ``(4) Notwithstanding any 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 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 laying hens''.

SEC. 5. AMENDMENT TO ORDER.

    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 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 promotion 
        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 paragraph 
        (2) shall not be subject to a referendum conducted under the 
        Egg Research and Consumer Information Act.

            Passed the Senate November 20 (legislative day, November 
      2), 1993.

            Attest:






                                                             Secretary.