[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2248 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2248
To amend the Dairy Production Stabilization Act of 1983 to ensure that
all persons who benefit from the dairy promotion and research program
contribute to the cost of the program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2001
Ms. Baldwin (for herself, Mr. McHugh, Mr. Kind, Mr. Obey, Mr. Petri,
Mrs. Emerson, Mr. Gutknecht, Mr. Owens, Mr. Larson of Connecticut, Mr.
Smith of Michigan, Mr. Hilliard, Mr. Sensenbrenner, Mr. Oberstar, Mrs.
Thurman, Mr. Sanders, Mr. Kleczka, and Mr. Barrett of Wisconsin)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To amend the Dairy Production Stabilization Act of 1983 to ensure that
all persons who benefit from the dairy promotion and research program
contribute to the cost of the program, 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 ``Dairy Promotion Fairness Act''.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Declaration of Policy.--Section 110(b) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended--
(1) in the first sentence--
(A) by inserting after ``commercial use'' the
following: ``and on imported dairy products''; and
(B) by striking ``products produced in the United
States.'' and inserting ``products.''; and
(2) in the second sentence, by inserting after ``produce
milk'' the following: ``or the right of any person to import
dairy products''.
(b) Definitions.--Section 111 of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4502) is amended--
(1) in subsection (k), by striking ``and'' at the end;
(2) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(m) the term `imported dairy product' means any dairy
product that is imported into the United States, including
dairy products imported into the United States in the form of--
``(1) milk, cream, and fresh and dried dairy
products;
``(2) butter and butterfat mixtures;
``(3) cheese; and
``(4) casein and mixtures;
``(n) the term `importer' means a person that imports an
imported dairy product into the United States; and
``(o) the term `Customs' means the United States Customs
Service.''.
(c) Representation of Importers on Board.--Section 113(b) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is
amended--
(1) by inserting ``National Dairy Promotion and Research
Board.--'' after ``(b)'';
(2) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively, and indenting the paragraphs appropriately;
(3) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Except as provided in paragraph
(6), the members''; and
(4) by inserting after paragraph (5) (as so designated) the
following:
``(6) Importers.--
``(A) Representation.--The Secretary shall appoint
not more than 2 members who represent importers of
dairy products and are subject to assessments under the
order, to reflect the proportion of domestic production
and imports supplying the United States market, which
shall be based on the Secretary's determination of the
average volume of domestic production of dairy products
proportionate to the average volume of imports of dairy
products in the United States over the previous three
years.
``(B) Additional members; nominations.--The members
appointed under this paragraph--
``(i) shall be in addition to the total
number of members appointed under paragraph
(2); and
``(ii) shall be appointed from nominations
submitted by importers under such procedures as
the Secretary determines to be appropriate.''.
(d) Importer Assessment.--Section 113(g) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
(1) by inserting ``Assessments.--'' after ``(g)'';
(2) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively, and indenting
appropriately; and
(3) by adding at the end the following:
``(6) Importers.--
``(A) In general.--The order shall provide that
each importer of imported dairy products shall pay an
assessment to the Board in the manner prescribed by the
order.
``(B) Time for payment.--The assessment on imported
dairy products shall be paid by the importer to Customs
at the time of the entry of the products into the
United States and shall be remitted by Customs to the
Board. For purposes of this subparagraph, entry of the
products into the United States shall be deemed to have
occurred when the products are released from custody of
Customs and introduced into the stream of commerce
within the United States. Importers include persons who
hold title to foreign-produced dairy products
immediately upon release by Customs, as well as persons
who act on behalf of others, as agents, brokers, or
consignees, to secure the release of dairy products
from Customs and the introduction of the released dairy
products into the stream of commerce.
``(C) Rate.--The rate of assessment on imported
dairy products shall be determined in the same manner
as the rate of assessment per hundredweight or the
equivalent of milk.
``(D) Value of products.--For the purpose of
determining the assessment on imported dairy products
under subparagraph (C), the value to be placed on
imported dairy products shall be established by the
Secretary in a fair and equitable manner.
``(E) Use of Assessments on Imported Dairy.--
Assessments collected on imported dairy products shall
not be used for foreign market promotion.''.
(e) Records.--Section 113(k) of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by
striking ``person receiving'' and inserting ``importer of imported
dairy products, each person receiving''.
(f) Importer Eligibility to Vote in Referendum.--Section 116(b) of
the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is
amended--
(1) in the first sentence--
(A) by inserting after ``of producers'' the
following: ``and importers''; and
(B) by inserting after ``the producers'' the
following: ``and importers''; and
(2) in the second sentence, by inserting after ``commercial
use'' the following: ``and importers voting in the referendum
(who have been engaged in the importation of dairy products
during the same representative period, as determined by the
Secretary).''.
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