[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1123 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1123
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 SENATE OF THE UNITED STATES
June 28, 2001
Mr. Feingold (for himself, Mr. Craig, and Mr. Kohl) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
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 any person that imports an
imported dairy product from outside the United States for sale
in the United States as a principal or as an agent, broker, or
consignee of any person; 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 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) In general.--The Secretary shall appoint not
more than 2 members who are--
``(i) representatives of importers of dairy
products; and
``(ii) subject to an assessment under the
order.
``(B) Representation.--The number of members
appointed under subparagraph (A) shall reflect the
proportion of domestic production and imports supplying
the United States market, as determined by the
Secretary on the basis of--
``(i) the average quantity of dairy
products produced in the United States during
the 3 preceding fiscal years; to
``(ii) the average volume of imports of
dairy products imported into the United States
during the 3 preceding fiscal years.
``(C) Additional members; nomination.--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) Timing.--
``(i) In general.--An assessment on
imported dairy products shall be paid by the
importer to Customs at the time of entry of the
products into the United States and shall be
remitted to the Board.
``(ii) Entry into the united states.--For
purposes of this paragraph, entry of the
products into the United States shall be
considered to have occurred when the products
are released from the custody of Customs and
introduced into the stream of commerce in the
United States.
``(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) Restriction on use.--An assessment 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 ``of the
producers'' the following: ``and importers''.
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