II 110th CONGRESS 1st Session S. 1229 IN THE SENATE OF THE UNITED STATES April 26, 2007 Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to provide for the application of mandatory minimum maturity standards applicable to all domestic and imported Hass avocados.

1.

Short title

This Act may be cited as the Hass Avocado Quality Assurance Act of 2007.

2.

Findings and purpose

(a)

Findings

Congress finds the following: (1)Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions. (2)Hass avocados are a significant tree fruit crop grown by many individual producers both domestically and abroad. (3)Hass avocados move in interstate and foreign commerce and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce of Hass avocados. (4)The maintenance and expansion of markets in existence on the date of enactment of this Act, and the development of new or improved markets or uses for Hass avocados, are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers, importers, and other persons associated with the producing, importing, marketing, processing, and consuming of Hass avocados. (5)The marketing of immature Hass avocados adversely affects demand for all Hass avocados because immature avocados are unpalatable and unfit for human consumption and, when marketed, result in dissatisfied customers who will cease purchasing Hass avocados. (6)There is no better method of ensuring the maturity of Hass avocados than through requiring that Hass avocados meet an established mandatory minimum maturity standard, as measured by percentage of dry matter. (7)The application of consistent and mandatory minimum maturity standards for all Hass avocados is necessary for the maintenance, expansion, and development of markets for Hass avocados. (b)

Purpose

It is the purpose of this Act to set forth certain mandatory quality standards in the form of mandatory minimum maturity requirements for all Hass avocados, and to provide the Secretary with the authority necessary to ensure that such standards are met, with the intention of— (1)strengthening the position of the Hass avocado industry in the domestic marketplace; and (2)maintaining, developing, and expanding markets and uses for Hass avocados.

3.

Maturity requirements for hass avocados

Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:

209.

Maturity requirements for Hass avocados

(a)

In general

Not later than 180 days after the date of the enactment of the Hass Avocado Quality Assurance Act of 2007, the Secretary of Agriculture shall issue final regulations to ensure that all Hass avocados sold to consumers in the United States meet the minimum maturity standards (as measured by percentage of dry matter) for sale to a consumer of the State of California, as required by regulations issued pursuant to chapter 9 of division 17 of the California Food and Agricultural Code or any succeeding provision of California law governing the minimum maturity standards of Hass avocados for sale to a consumer. (b)

Exceptions

Subsection (a) and the regulations issued pursuant to subsection (a) shall not apply to Hass avocados— (1)intended for consumption by charitable institutions; (2)intended for distribution by relief agencies; (3)intended for commercial processing into products; or (4)that the Secretary determines should not be subject to such subsection or such regulations. (c)

Use of existing inspectors

The Secretary shall, to the greatest extent practicable, use inspectors that inspect avocados for compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-1), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to conduct inspections under this section. (d)

Penalties

(1)

Diversion

The Secretary may divert, export, or repack and reinspect any Hass avocados that do not meet the requirements of this section or the regulations issued pursuant to this section. (2)

Civil penalties

The Secretary may require any person who violates this section or the regulations issued pursuant to this section to— (A)forfeit to the United States a sum equal to the value of the commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States; or (B)on conviction, be fined not less than $50 or more than $5,000 for each violation. (e)

Fees

The Secretary may prescribe and collect fees to cover the costs of providing for the inspection of Hass avocados under this section. All fees and penalties collected shall be credited to the accounts that incur such costs and shall remain available until expended without fiscal year limitation. (f)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

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4.

Severability

If any provision of this Act or the amendment made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendment made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.