[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2794 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2794

   To extend and improve the price support and production adjustment 
    program for peanuts, to establish standards for the inspection, 
handling, storage, and labeling of all peanuts and peanut products sold 
             in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 1995

Mr. Rose (for himself, Mr. Stenholm, and Mr. Torricelli) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
     in addition to the Committee on Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To extend and improve the price support and production adjustment 
    program for peanuts, to establish standards for the inspection, 
handling, storage, and labeling of all peanuts and peanut products sold 
             in the United States, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Peanut Program 
Improvement Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--PEANUT PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAM

Sec. 101. National poundage quotas and acreage allotments.
Sec. 102. Sale, lease, or transfer of farm poundage quota.
Sec. 103. Experimental and research programs.
Sec. 104. Marketing penalties.
Sec. 105. Price support program.
Sec. 106. Reports and records.
Sec. 107. Suspension of permanent program.
Sec. 108. Referendum regarding poundage quotas.
Sec. 109. Regulations.
Sec. 110. Administration.
                       TITLE II--PEANUT STANDARDS

Sec. 201. Inspection; quality assurance.
Sec. 202. Handling and storage.
Sec. 203. Labeling.
Sec. 204. Inspection and testing.
Sec. 205. Nutritional labeling.
Sec. 206. Peanut content.
Sec. 207. Plant diseases.
Sec. 208. Administration.
Sec. 209. Change of venue.

    TITLE I--PEANUT PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAM

SEC. 101. NATIONAL POUNDAGE QUOTAS AND ACREAGE ALLOTMENTS.

    (a) In General.--The section heading of section 358-1 of the 
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1) is amended by 
striking ``1991 through 1997 crops of''.
    (b) National Poundage Quotas.--
            (1) Establishment.--Section 358-1(a)(1) of the Act is 
        amended--
                    (A) by striking ``of the 1991 through 1997 
                marketing years'' and inserting ``marketing year'';
                    (B) by striking ``each such marketing year to 
                domestic edible, seed, and related uses'' and inserting 
                ``the marketing year to domestic edible use and related 
                uses, but excluding use as seed'';
                    (C) by striking the second sentence; and
                    (D) by adding at the end the following new 
                sentence: ``In making estimates under this paragraph 
                for a marketing year, the Secretary shall annually 
                estimate and take into account the quantity of peanuts 
                and peanut products to be imported into the United 
                States for the marketing year.''.
            (2) Apportionment.--Section 358-1(a)(3) of the Act is 
        amended by striking ``1990'' and inserting ``1995''.
    (c) Farm Poundage Quota.--
            (1) Establishment.--Section 358-1(b)(1)(A) of the Act is 
        amended--
                    (A) by striking ``of the 1991 through 1997 
                marketing years'' and inserting ``marketing year''; and
                    (B) in clause (i), by striking ``1990'' and 
                inserting ``1995''.
            (2) Quantity.--Section 358-1(b)(1)(B) of the Act is 
        amended--
                    (A) by striking ``of the 1991 through 1997 
                marketing years'' and inserting ``marketing year''; and
                    (B) by striking ``including--'' and all that 
                follows through ``(ii) any'' and inserting ``including 
                any''.
            (3) Adjustments.--Section 358-1(b)(2) of the Act is 
        amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``subparagraph (B) and 
                        subject to subparagraph (D)'' and inserting 
                        ``subparagraph (C)''; and
                            (ii) by striking ``of the 1991 through 1997 
                        marketing years'' and inserting ``marketing 
                        year'';
                    (B) by striking subparagraph (B);
                    (C) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively; and
                    (D) in subparagraph (B) (as so redesignated), by 
                striking ``of the 1991 through 1997 marketing years'' 
                and inserting ``marketing year''.
            (4) Quota not produced.--Section 358-1(b)(3) of the Act is 
        amended--
                    (A) in subparagraph (A), by striking ``of the 1991 
                through 1997 marketing years'' and inserting 
                ``marketing year''; and
                    (B) in subparagraph (B), by striking ``include--'' 
                and all that follows through ``(ii) any'' and inserting 
                ``include any''.
            (5) Quota considered produced.--Section 358-1(b)(4) of the 
        Act is amended--
                    (A) in subparagraph (A), by inserting ``or'' after 
                the semicolon at the end; and
                    (B) by striking subparagraphs (B) and (C) and 
                inserting the following new subparagraph:
                    ``(B) for only 1 of the 3 marketing years 
                immediately preceding the marketing year for which the 
                determination is being made, the farm poundage quota 
                for the farm was--
                            ``(i) released voluntarily under paragraph 
                        (7); or
                            ``(ii) leased to another owner or operator 
                        of a farm within the same county for transfer 
                        to the farm.''.
            (6) Allocation of quotas reduced or released.--Section 358-
        1(b)(6) of the Act is amended--
                    (A) in subparagraph (A), by striking 
                ``subparagraphs (B) and (C), the total quantity of 
                the'' and inserting ``subparagraph (B),'';
                    (B) in subparagraph (B)--
                            (i) by striking ``Not more than 25 percent 
                        of the'' and inserting ``The''; and
                            (ii) by adding at the end the following: 
                        ``Any farm quota pounds remaining after 
                        allocation to farms under this subparagraph 
                        shall be allocated under subparagraph (A).''; 
                        and
                    (C) by striking subparagraph (C).
            (7) Temporary quota allocation for seed.--Section 358-1(b) 
        of the Act is amended by striking paragraph (8) and inserting 
        the following new paragraph:
            ``(8) Temporary quota allocation for seed.--For each 
        marketing year and pursuant to regulation, the Secretary shall 
        make a temporary allocation of poundage quota, for that 
        marketing year only, to each producer of peanuts on a farm, in 
        addition to any farm poundage quota established under paragraph 
        (1), in a quantity equal to the pounds of seed peanuts planted 
        by the producer on the farm.''.
            (8) Transfer of additional peanuts.--Section 358-1(b) of 
        the Act is amended by striking paragraph (9) and inserting the 
        following new paragraph:
            ``(9) Transfer of additional peanuts.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), additional peanuts on a farm from 
                which the quota poundage was not harvested and marketed 
                may be transferred to the quota loan pool for pricing 
                purposes on such basis as the Secretary shall provide 
                by regulation.
                    ``(B) Limitations.--The poundage of peanuts 
                transferred under subparagraph (A) shall not exceed 25 
                percent of the total farm poundage quota, excluding 
                pounds transferred in the fall.
                    ``(C) Support rate.--Peanuts transferred under this 
                paragraph shall be supported at a rate of not less than 
                70 percent of the quota support rate for the marketing 
                years during which the transfers occur.''.
    (d) Crops.--Section 358-1(f) of the Act is amended by striking 
``1991 through 1997'' and inserting ``1996 through 2002''.

SEC. 102. SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA.

    (a) In General.--The section heading of section 358b of the 
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358b) is amended by 
striking ``1991 through 1995 crops of''.
    (b) Sale, Lease, or Transfer of Farm Poundage Quota.--Section 
358b(a) of the Act is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(including any applicable under 
                marketings)'' both places it appears;
                    (B) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (B) and (C), respectively;
                    (C) by inserting before subparagraph (B) (as so 
                redesignated) the following new subparagraph:
                    ``(A) with the owner or operator of another farm 
                located within the same county or located in a 
                different county within the same State;'';
                    (D) in subparagraph (B) (as so redesignated), by 
                striking ``undermarketings and''; and
                    (E) by adding at the end the following: ``Fall 
                transfers of quota pounds shall not affect the farm 
                quota history for the transferring or receiving farm 
                and shall not result in a reduction of the farm 
                poundage quota on the transferring farm.'';
            (2) in paragraph (2)--
                    (A) by striking ``(including any applicable under 
                marketings)'';
                    (B) by striking ``county or in a county contiguous 
                to the county in the same'';
                    (C) by inserting before the period at the end of 
                the first sentence the following: ``, if both the 
                transferring and the receiving farms were under the 
                control of the owner or operator for at least 3 crop 
                years prior to the crop year in which the farm poundage 
                quota is transferred''; and
                    (D) by striking ``the transferred quota is produced 
                or considered produced on the receiving farm'' and 
                inserting ``sufficient acreage is planted on the 
                receiving farm to produce the quota pounds 
                transferred'';
            (3) in paragraph (3), by striking ``(including any 
        applicable undermarketings)''; and
            (4) by adding at the end the following new paragraph:
            ``(4) Transfers by sale in states with large quotas.--
                    ``(A) In general.--In the case of a State for which 
                the poundage quota allocated to the State was 10,000 
                tons or greater for the previous year, the owner, or 
                operator with permission of the owner, of a farm 
                located in the State for which a farm poundage quota 
                has been established under section 358-1 may sell all 
                or any part of the farm poundage quota to any other 
                eligible owner or operator of a farm within the same 
                State.
                    ``(B) Limitations.--
                            ``(i) 1996.--During calendar year 1996, not 
                        more than 15 percent of the total poundage 
                        quota within a county as of January 1, 1996, 
                        may be sold and transferred outside the county 
                        under this paragraph.
                            ``(ii) Subsequent years.--During calendar 
                        year 1997 and each subsequent calendar year, 
                        not more than 5 percent of the total poundage 
                        quota within a county as of January 1 of the 
                        calendar year may be sold and transferred 
                        outside the county under this paragraph.
                            ``(iii) Aggregate limit.--Not more than an 
                        aggregate of 30 percent of the total poundage 
                        quota within a county may be sold and 
                        transferred outside the county under this 
                        paragraph.
                    ``(C) Subsequent lease or sale.--Quota poundage 
                sold and transferred under this paragraph may not be 
                leased or sold to another farm owner or operator within 
                the same State for a period of 5 years following the 
                original transfer to the farm.''.
    (c) Record.--Section 358b(b)(3) of the Act is amended by striking 
``committee of the county to which the transfer is made and the 
committee determines'' and inserting ``committees of the counties from 
and to which the transfer is made and the committees determine''.
    (d) Crops.--Section 358b(c) of the Act is amended by striking 
``1991 through 1995'' and inserting ``1996 through 2002''.

SEC. 103. EXPERIMENTAL AND RESEARCH PROGRAMS.

    Section 358c(d) of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1358c(d)) is amended by striking ``1991 through 1995'' and 
inserting ``1996 through 2002''.

SEC. 104. MARKETING PENALTIES.

    Section 358e of the Agricultural Adjustment Act of 1938 (7 U.S.C. 
1359a) is amended--
            (1) in the section heading, by striking ``1991 through 1997 
        crops of'';
            (2) in subsection (d)(6)(A), by inserting after ``If any 
        additional peanuts'' the following: ``or peanut products made 
        from additional peanuts''; and
            (3) in subsection (i), by striking ``1991 through 1997'' 
        and inserting ``1996 through 2002''.

SEC. 105. PRICE SUPPORT PROGRAM.

    (a) In General.--The section heading of section 108B of the 
Agricultural Act of 1949 (7 U.S.C. 1445c-3) is amended by striking 
``1991 through 1997 crops of''.
    (b) Quota Peanuts.--Section 108B(a) of the Act is amended--
            (1) in paragraph (1), by striking ``for each of the 1991 
        through 1997 crops''; and
            (2) in paragraph (2)--
                    (A) by striking ``of the 1991 through 1997 crops'' 
                and inserting ``crop''; and
                    (B) by striking ``exceed'' and inserting ``be 
                increased, or decreased,''.
    (c) Additional Peanuts.--Section 108B(b)(1) of the Act is amended 
by striking ``for each of the 1991 through 1997 crops''.
    (d) Area Marketing Associations.--Section 108B(c)(2)(A) of the Act 
is amended by inserting after the first sentence the following: 
``Peanuts physically produced outside the State of New Mexico shall not 
be eligible for entry into or participation in the New Mexico pools.''.
    (e) Losses.--Subsection (d) of section 108B of the Act is amended 
to read as follows:
    ``(d) Losses.--
            ``(1) Other producers in same pool.--Losses in an area 
        quota pool shall be offset by reducing the gain of any producer 
        in the pool by the amount of pool gains attributable to the 
        same producer from the sale of additional peanuts for domestic 
        edible use or export.
            ``(2) Quota peanuts placed under loan.--Net gains on 
        additional peanuts within an area (other than net gains on 
        additional peanuts in separate type pools established under 
        subsection (c)(2)(A) for Valencia peanuts produced in New 
        Mexico) shall be first reduced to the extent of any loss by the 
        Commodity Credit Corporation on quota peanuts placed under loan 
        in the area, in such manner as the Secretary shall by 
        regulation prescribe.
            ``(3) Quota loan pools.--
                    ``(A) Transfers from additional loan pools.--The 
                proceeds due any producer from any pool shall be 
                reduced by the amount of any loss that is incurred with 
                respect to peanuts transferred from an additional loan 
                pool to a quota loan pool by the producer under section 
                358-1(b)(9) of the Agricultural Adjustment Act of 1938 
                (7 U.S.C. 1358-1(b)(9)).
                    ``(B) Use of marketing assessments.--The Secretary 
                shall use funds collected under subsection (g) to 
                offset further losses in area quota pools. At the end 
                of each year, the Secretary shall transfer to the 
                Treasury the funds collected under subsection (g) that 
                the Secretary determines are not required to cover 
                losses in area quota pools.
                    ``(C) Cross compliance.--Further losses in area 
                quota pools, other than losses incurred as a result of 
                transfers from additional loan pools to quota loan 
                pools under section 358-1(b)(9) of the Agricultural 
                Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(9)), shall 
be offset by any gains or profits from pools in other production areas 
(other than separate type pools established under subsection (c)(2)(A) 
for Valencia peanuts produced in New Mexico) in such manner as the 
Secretary shall by regulation prescribe.
                    ``(D) Increased assessments.--If actions taken 
                under subparagraphs (A) through (C) are not sufficient 
                to cover losses in area pools, the Secretary shall 
                increase the marketing assessment established under 
                subsection (g) by such amount as the Secretary 
                considers necessary to cover the losses. Amounts 
                collected under subsection (g) as a result of the 
                increased assessment shall be retained by the Secretary 
                to cover losses in the pool.''.
    (f) Exports and Other Peanuts.--Section 108B(f) of the Act is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Exports and other peanuts.--
                    ``(A) In general.--The Secretary shall require that 
                all peanuts, including peanuts imported into the United 
                States, meet all United States quality standards under 
                Marketing Agreement No. 146, regulating the quality of 
                domestically produced peanuts (under the Agricultural 
                Adjustment Act (7 U.S.C. 601 et seq.), reenacted with 
                amendments by the Agricultural Marketing Agreement Act 
                of 1937), and that importers of the peanuts fully 
                comply with inspection, handling, storage, and 
                processing requirements implemented under Marketing 
                Agreement No. 146.
                    ``(B) Exported peanuts.--The Secretary shall ensure 
                that peanuts produced for the export market meet 
                quality, inspection, handling, storage, and processing 
                requirements under Marketing Agreement No. 146.''.
    (g) Marketing Assessment.--Section 108B(g) of the Act is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--The Secretary shall provide, by 
        regulation, for a nonrefundable marketing assessment equal to 
        1.2 percent of the national average quota or additional peanut 
        support rate per pound, as applicable, on all peanuts sold in 
        the United States during each of the 1996 through 2002 
        marketing years.
            ``(2) Treatment of imported peanuts.--For the purposes of 
        determining the applicable assessment rate under this section, 
        imported peanuts shall be treated as additional peanuts.
            ``(3) First purchasers.--
                    ``(A) Definition of first purchaser.--In this 
                paragraph, the term `first purchaser' means a person 
                acquiring peanuts from a producer, or a person that 
                imports peanuts, except that in the case of peanuts 
                forfeited by a producer to the Commodity Credit 
                Corporation, the term means the person acquiring the 
                peanuts from the Commodity Credit Corporation.
                    ``(B) Administration.--Except as provided in 
                subparagraph (C) and paragraphs (3) and (4), the first 
                purchaser shall--
                            ``(i) collect from the producer a marketing 
                        assessment equal to the quantity of peanuts 
                        acquired multiplied by .6 percent of the 
                        applicable national average support rate;
                            ``(ii) pay, in addition to the amount 
                        collected under clause (i), a marketing 
                        assessment in an amount equal to the quantity 
                        of peanuts acquired multiplied by .6 percent of 
                        the applicable national average support rate; 
                        and
                            ``(iii) remit the amounts required under 
                        clauses (i) and (ii) to the Commodity Credit 
                        Corporation in a manner specified by the 
                        Secretary.
                    ``(C) Imported peanuts.--In the case of imported 
                peanuts, the first purchaser shall pay to the Commodity 
                Credit Corporation, in a manner specified by the 
                Secretary, a marketing assessment in an amount equal to 
                the quantity of peanuts acquired multiplied by 1.2 
                percent of the national average support rate for 
                additional peanuts.''; and
            (2) by adding at the end the following new paragraph:
            ``(7) Use of funds.--Funds collected under this subsection 
        shall be used by the Secretary to offset the costs of operating 
        the peanut price support program.''.
    (h) Crops.--Section 108B(h) of the Act is amended--
            (1) by striking ``Notwithstanding'' and inserting ``Except 
        as provided in subsection (g) and notwithstanding''; and
            (2) by striking ``1991 through 1997'' and inserting ``1996 
        through 2002''.

SEC. 106. REPORTS AND RECORDS.

    Effective only for the 1996 through 2002 crops of peanuts, the 
first sentence of section 373(a) of the Agricultural Adjustment Act of 
1938 (7 U.S.C. 1373(a)) is amended by inserting before ``all brokers 
and dealers in peanuts'' the following: ``all producers engaged in the 
production of peanuts,''.

SEC. 107. SUSPENSION OF PERMANENT PROGRAM.

    (a) Marketing Quotas and Acreage Allotments.--The following 
provisions of the Agricultural Adjustment Act of 1938 shall not be 
applicable to the 1996 through 2002 crops of peanuts:
            (1) Subsections (a) through (j) of section 358 (7 U.S.C. 
        1358).
            (2) Subsections (a) through (h) of section 358a (7 U.S.C. 
        1358a).
            (3) Subsections (a), (b), (d), and (e) of section 359 (7 
        U.S.C. 1359).
            (4) Part I of subtitle C of title III (7 U.S.C. 1361 et 
        seq.).
            (5) Section 371 (7 U.S.C. 1371).
    (b) Price Support.--Section 101 of the Agricultural Act of 1949 (7 
U.S.C. 1441) shall not be applicable to the 1996 through 2002 crops of 
peanuts.

SEC. 108. REFERENDUM REGARDING POUNDAGE QUOTAS.

    Section 358-1(d) of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 13581(d)) is amended by striking paragraph (1) and inserting the 
following new paragraph:
            ``(1) In general.--Each calendar year, the Secretary shall 
        conduct a referendum of producers engaged in the production of 
        quota peanuts in the calendar year in which the referendum is 
        held to determine whether the producers are in favor of or 
        opposed to poundage quotas with respect to the crops of peanuts 
        produced in the seven calendar years immediately following the 
        year in which the referendum is held, except that, if as many 
        as two-thirds of the producers voting in any referendum vote in 
        favor of poundage quotas, no referendum shall be held with 
        respect to quotas for the next six years of the period. If the 
        referendum required in 1995 is completed or underway before the 
        date of the enactment of the Peanut Program Improvement Act of 
        1995, the referendum shall be deemed to cover calendar years 
        1996 through 2002, rather than just calendar years 1996 and 
        1997. In the case of any referendum required in calendar years 
        1996 through 2002, the Secretary shall conduct the referendum 
        not later than December 15 of the calendar year in which the 
        referendum is required.''.

SEC. 109. REGULATIONS.

    The Secretary of Agriculture shall issue such regulations as are 
necessary to carry out this title and the amendments made by this 
title. In issuing the regulations, the Secretary--
            (1) is encouraged to comply with subchapter II of chapter 5 
        of title 5, United States Code;
            (2) shall provide public notice through the Federal 
        Register of any such proposed regulations; and
            (3) shall allow adequate time for written public comment 
        prior to the formulation and issuance of any final regulations.

SEC. 110. ADMINISTRATION.

    The first paragraph of section 32 of the Act entitled ``An Act to 
amend the Agricultural Adjustment Act, and for other purposes'', 
approved August 24, 1935 (7 U.S.C. 612c), is amended--
            (1) in the first sentence, by striking ``30 per centum'' 
        and inserting ``30 percent (or, in the case of duties collected 
        with respect to an import that is subject to a tariff-rate 
        quota, 100 percent)''; and
            (2) in the second sentence--
                    (A) by striking ``and (3)'' and inserting ``(3)''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``; and (4) offset the costs of operating a 
                program to provide price support for domestically 
                produced peanuts''.

                       TITLE II--PEANUT STANDARDS

SEC. 201. INSPECTION; QUALITY ASSURANCE.

    (a) Initial Entry.--The Secretary of Agriculture (referred to in 
this title as the ``Secretary'') shall require all peanuts and peanut 
products sold in the United States to be initially placed in a bonded, 
licensed warehouse approved by the Secretary for the purpose of 
inspection and grading by the Secretary, the Commissioner of the Food 
and Drug Administration, and the heads of other appropriate agencies of 
the United States.
    (b) Preliminary Inspection.--Peanuts and peanut products shall be 
held in the warehouse until inspected by the Secretary, the 
Commissioner of the Food and Drug Administration, or the head of 
another appropriate agency of the United States, for chemical residues, 
general cleanliness, disease, size, aflatoxin, stripe virus, and other 
harmful conditions, and an assurance of compliance with all grade and 
quality standards specified under Marketing Agreement No. 146, 
regulating the quality of domestically produced peanuts (under the 
Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with 
amendments by the Agricultural Marketing Agreement Act of 1937).
    (c) Separation of Lots.--All imported peanuts shall be maintained 
separately from, and shall not be commingled with, domestically 
produced peanuts in the warehouse.
    (d) Origin of Peanut Products.--
            (1) Labeling.--A peanut product shall be labeled with a 
        label that indicates the origin of the peanuts contained in the 
        product.
            (2) Source.--No peanut product may contain both imported 
        and domestically produced peanuts.
            (3) Imported peanut products.--The first seller of an 
        imported peanut product shall certify that the product is made 
        from raw peanuts that meet the same quality and grade standards 
        that apply to domestically produced peanuts.
    (e) Documentation.--No peanuts or peanut products may be 
transferred, shipped, or otherwise released from a warehouse described 
in subsection (a) unless accompanied by a United States Government 
inspection certificate that certifies compliance with this section.

SEC. 202. HANDLING AND STORAGE.

    (a) Temperature and Humidity.--The Secretary shall require all 
shelled peanuts sold in the United States to be maintained at a 
temperature of not more than 37 degrees Fahrenheit and a humidity range 
of 60 to 68 percent at all times during handling and storage prior to 
sale and shipment.
    (b) Containers.--The peanuts shall be shipped in a container that 
provides the maximum practicable protection against moisture and insect 
infestation.
    (c) In-Shell Peanuts.--The Secretary shall require that all in-
shell peanuts be reduced to a moisture level not exceeding 10 percent 
immediately on being harvested and be stored in a facility that will 
ensure quality maintenance and will provide proper ventilation at all 
times prior to sale and shipment.

SEC. 203. LABELING.

    The Secretary shall require that all peanuts and peanut products 
sold in the United States contain labeling that lists the country or 
countries in which the peanuts, including all peanuts used to 
manufacture the peanut products, were produced.

SEC. 204. INSPECTION AND TESTING.

    (a) In General.--All peanuts and peanut products sold in the United 
States shall be inspected and tested for grade and quality.
    (b) Certification.--All peanuts or peanut products offered for sale 
in, or imported into, the United States shall be accompanied by a 
certification by the first seller or importer that the peanuts or 
peanut products do not contain residues of any pesticide not approved 
for use in, or importation into, the United States.

SEC. 205. NUTRITIONAL LABELING.

    The Secretary shall require all peanuts and peanut products sold in 
the United States to contain complete nutritional labeling information 
as required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321 et seq.).

SEC. 206. PEANUT CONTENT.

    (a) Offset Against HTS Quantity.--The actual quantity of peanuts, 
by weight, used to manufacture, and ultimately contained in, peanut 
products imported into the United States shall be accounted for and 
offset against the total quantity of peanut imports allowed under the 
in-quota quantity of the tariff-rate quota established for peanuts 
under the Harmonized Tariff Schedule of the United States.
    (b) Verification.--The Secretary shall establish standards and 
procedures for the purpose of verifying the actual peanut content of 
peanut products imported into the United States.

SEC. 207. PLANT DISEASES.

    The Secretary, in consultation with the heads of other appropriate 
agencies of the United States, shall ensure that all peanuts in the 
domestic edible market are inspected and tested to ensure that they are 
free of all plant diseases.

SEC. 208. ADMINISTRATION.

    (a) Fees.--The Secretary shall by regulation fix and collect fees 
and charges to cover the costs of any inspection or testing performed 
under this title.
    (b) Certification.--
            (1) In general.--The Secretary may require the first seller 
        of peanuts sold in the United States to certify that the 
        peanuts comply with this title.
            (2) Fraud and false statements.--Section 1001 of title 18, 
        United States Code, shall apply to a certification made under 
        this title.
    (c) Standards and Procedures.--In consultation with the heads of 
other appropriate agencies of the United States, the Secretary shall 
establish standards and procedures to provide for the enforcement of, 
and ensure compliance with, this title.
    (d) Failure to Meet Standards.--Peanuts or peanut products that 
fail to meet standards established under this title shall be returned 
to the seller and exported or crushed pursuant to section 358e(d) of 
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a(d)).

SEC. 209. CHANGE OF VENUE.

    In any case in which an area pool or a marketing association 
brings, joins, or seeks to join a civil action in a United States 
district court to enforce this title, the district court may not 
transfer the action to any other district or division over the 
objection of the pool or marketing association.
                                 <all>
HR 2794 IH----2
HR 2794 IH----3