S 111 IS

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.

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.

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 in the first sentence--

(1) by inserting after `commercial use' the following: `and on imported dairy products'; and

(2) by striking `products produced in the United States.' and inserting `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 and cream and fresh and dried dairy products;

`(2) butter and butterfat mixtures;

`(3) cheese; and

`(4) casein and mixtures; and

`(n) the term `importer' means a person that imports an imported dairy product into the United States.'.

(c) CONTINGENT 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- If representation of importers of imported dairy products is required on the Board by another law or a treaty to which the United States is a party, the Secretary shall appoint not more than 2 members who are representatives of importers.

`(B) ADDITIONAL MEMBERS; PROCEDURES- The members appointed under this paragraph--

`(i) shall be in addition to the 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) 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.

`(C) VALUE OF PRODUCTS- For the purpose of determining the assessment on imported dairy products under subparagraph (B), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner.'.

(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'.