[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 717 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 717
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 3), 1993
Mr. Pryor (for himself, Mr. Heflin, and Mr. Cochran) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
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 Improvement Act of 1993''.
SEC. 2. RATE OF ASSESSMENT.
(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) The rate of assessment shall be prescribed by the order. The
rate shall not exceed 30 cents per case of commercial eggs or the
equivalent of a case. Subject to the preceding sentence, the order may
be amended to change the rate of assessment if the change is
recommended by the Egg Board and approved by egg producers in a
referendum conducted under section 9(b).''.
(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 third sentence as subsection (c);
and
(3) by inserting after subsection (a) (as designated by
paragraph (1) of this subsection) 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 rate of assessment is needed to ensure that the
assessment under the order is established at an appropriate level to
effectuate the declared policy of this Act, the Egg Board may request
that the Secretary conduct a referendum, as provided in paragraph (2).
``(2) If the Egg Board requests the Secretary to conduct a
referendum under paragraph (1) or (4), the Secretary shall conduct a
referendum among egg producers who are not exempt from this Act and
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 rate of
assessment proposed by the Egg Board.
``(3) The change in the assessment rate shall become effective if
the change is approved or favored by--
``(A) not less than two-thirds of the producers voting in
the referendum; or
``(B) 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.
``(4) In the case of the order in effect on the date of the
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). If the Egg Board makes such a request on competent
evidence, as provided in paragraph (1), the Secretary shall conduct the
referendum as soon as practicable, but not later than 90 days after
receipt of the request from the Egg Board.
``(5) 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.''.
SEC. 3. EXEMPTED EGG 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 ``50,000 -laying hens''.
SEC. 4. AMENDMENTS TO ORDER.
(a) In General.--The Secretary of Agriculture shall issue
amendments to the order issued pursuant to 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 30 days after the date of the
enactment of this Act.
(b) Effective Date.--The amendments to the order required by
subsection (a) shall become effective not later than 90 days, as
determined by the Secretary, after the date of the enactment of this
Act. The amendments shall not be subject to a referendum conducted
under the Egg Research and Consumer Information Act.
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