Page:United States Statutes at Large Volume 107 Part 3.djvu/318

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107 STAT. 2256 PUBLIC LAW 103-188—DEC. 14, 1993 Public Law 103-188 103d Congress An Act Dec. 14, 1993 [S. 717] Egg Research and Consumer Information Act Amendments of 1993. 7 USC 2701 note. 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 Act Amendments of 1993". SEC. 2. ASSESSMENT RATE. (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)(A) The assessment rate shall be prescribed by the order. The rate shall not exceed 20 cents per case (or the equivalent of a case) of commercial eggs. "(B) The order may be amended to increase the rate of assessment if the increase is recommended by the Egg Board and approved by egg producers in a referendum conducted under section 9(b). "(C) The order may be amended to decrease the assessment rate 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.". (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 last sentence as subsection (c); and (3) by inserting after subsection (a) (as designated by paragraph (1)) 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 assessment rate is needed to ensure that assessments under the order are set at an appropriate level to effectuate the policy declared in section 2, the Egg Board may request that the Secretary conduct a referendum, as provided in paragraph (2).