< Back to H.R. 2794 (104th Congress, 1995–1996)

Text of the Peanut Program Improvement Act of 1995

This bill was introduced on December 15, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 15, 1995 (Introduced).

Source: GPO

HR 2794 IH

104th CONGRESS

1st Session

H. R. 2794

To extend and improve the price support and production adjustment program for peanuts, to establish standards for the inspection, handling, storage, and labeling of all peanuts and peanut products sold in the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 1995

Mr. ROSE (for himself, Mr. STENHOLM, and Mr. TORRICELLI) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To extend and improve the price support and production adjustment program for peanuts, to establish standards for the inspection, handling, storage, and labeling of all peanuts and peanut products sold in the United States, 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; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Peanut Program Improvement Act of 1995’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--PEANUT PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAM

      Sec. 101. National poundage quotas and acreage allotments.

      Sec. 102. Sale, lease, or transfer of farm poundage quota.

      Sec. 103. Experimental and research programs.

      Sec. 104. Marketing penalties.

      Sec. 105. Price support program.

      Sec. 106. Reports and records.

      Sec. 107. Suspension of permanent program.

      Sec. 108. Referendum regarding poundage quotas.

      Sec. 109. Regulations.

      Sec. 110. Administration.

TITLE II--PEANUT STANDARDS

      Sec. 201. Inspection; quality assurance.

      Sec. 202. Handling and storage.

      Sec. 203. Labeling.

      Sec. 204. Inspection and testing.

      Sec. 205. Nutritional labeling.

      Sec. 206. Peanut content.

      Sec. 207. Plant diseases.

      Sec. 208. Administration.

      Sec. 209. Change of venue.

TITLE I--PEANUT PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAM

SEC. 101. NATIONAL POUNDAGE QUOTAS AND ACREAGE ALLOTMENTS.

    (a) IN GENERAL- The section heading of section 358-1 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1) is amended by striking ‘1991 through 1997 crops of’.

    (b) NATIONAL POUNDAGE QUOTAS-

      (1) ESTABLISHMENT- Section 358-1(a)(1) of the Act is amended--

        (A) by striking ‘of the 1991 through 1997 marketing years’ and inserting ‘marketing year’;

        (B) by striking ‘each such marketing year to domestic edible, seed, and related uses’ and inserting ‘the marketing year to domestic edible use and related uses, but excluding use as seed’;

        (C) by striking the second sentence; and

        (D) by adding at the end the following new sentence: ‘In making estimates under this paragraph for a marketing year, the Secretary shall annually estimate and take into account the quantity of peanuts and peanut products to be imported into the United States for the marketing year.’.

      (2) APPORTIONMENT- Section 358-1(a)(3) of the Act is amended by striking ‘1990’ and inserting ‘1995’.

    (c) FARM POUNDAGE QUOTA-

      (1) ESTABLISHMENT- Section 358-1(b)(1)(A) of the Act is amended--

        (A) by striking ‘of the 1991 through 1997 marketing years’ and inserting ‘marketing year’; and

        (B) in clause (i), by striking ‘1990’ and inserting ‘1995’.

      (2) QUANTITY- Section 358-1(b)(1)(B) of the Act is amended--

        (A) by striking ‘of the 1991 through 1997 marketing years’ and inserting ‘marketing year’; and

        (B) by striking ‘including--’ and all that follows through ‘(ii) any’ and inserting ‘including any’.

      (3) ADJUSTMENTS- Section 358-1(b)(2) of the Act is amended--

        (A) in subparagraph (A)--

          (i) by striking ‘subparagraph (B) and subject to subparagraph (D)’ and inserting ‘subparagraph (C)’; and

          (ii) by striking ‘of the 1991 through 1997 marketing years’ and inserting ‘marketing year’;

        (B) by striking subparagraph (B);

        (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and

        (D) in subparagraph (B) (as so redesignated), by striking ‘of the 1991 through 1997 marketing years’ and inserting ‘marketing year’.

      (4) QUOTA NOT PRODUCED- Section 358-1(b)(3) of the Act is amended--

        (A) in subparagraph (A), by striking ‘of the 1991 through 1997 marketing years’ and inserting ‘marketing year’; and

        (B) in subparagraph (B), by striking ‘include--’ and all that follows through ‘(ii) any’ and inserting ‘include any’.

      (5) QUOTA CONSIDERED PRODUCED- Section 358-1(b)(4) of the Act is amended--

        (A) in subparagraph (A), by inserting ‘or’ after the semicolon at the end; and

        (B) by striking subparagraphs (B) and (C) and inserting the following new subparagraph:

        ‘(B) for only 1 of the 3 marketing years immediately preceding the marketing year for which the determination is being made, the farm poundage quota for the farm was--

          ‘(i) released voluntarily under paragraph (7); or

          ‘(ii) leased to another owner or operator of a farm within the same county for transfer to the farm.’.

      (6) ALLOCATION OF QUOTAS REDUCED OR RELEASED- Section 358-1(b)(6) of the Act is amended--

        (A) in subparagraph (A), by striking ‘subparagraphs (B) and (C), the total quantity of the’ and inserting ‘subparagraph (B),’;

        (B) in subparagraph (B)--

          (i) by striking ‘Not more than 25 percent of the’ and inserting ‘The’; and

          (ii) by adding at the end the following: ‘Any farm quota pounds remaining after allocation to farms under this subparagraph shall be allocated under subparagraph (A).’; and

        (C) by striking subparagraph (C).

      (7) TEMPORARY QUOTA ALLOCATION FOR SEED- Section 358-1(b) of the Act is amended by striking paragraph (8) and inserting the following new paragraph:

      ‘(8) TEMPORARY QUOTA ALLOCATION FOR SEED- For each marketing year and pursuant to regulation, the Secretary shall make a temporary allocation of poundage quota, for that marketing year only, to each producer of peanuts on a farm, in addition to any farm poundage quota established under paragraph (1), in a quantity equal to the pounds of seed peanuts planted by the producer on the farm.’.

      (8) TRANSFER OF ADDITIONAL PEANUTS- Section 358-1(b) of the Act is amended by striking paragraph (9) and inserting the following new paragraph:

      ‘(9) TRANSFER OF ADDITIONAL PEANUTS-

        ‘(A) IN GENERAL- Except as provided in subparagraph (B), additional peanuts on a farm from which the quota poundage was not harvested and marketed may be transferred to the quota loan pool for pricing purposes on such basis as the Secretary shall provide by regulation.

        ‘(B) LIMITATIONS- The poundage of peanuts transferred under subparagraph (A) shall not exceed 25 percent of the total farm poundage quota, excluding pounds transferred in the fall.

        ‘(C) SUPPORT RATE- Peanuts transferred under this paragraph shall be supported at a rate of not less than 70 percent of the quota support rate for the marketing years during which the transfers occur.’.

    (d) CROPS- Section 358-1(f) of the Act is amended by striking ‘1991 through 1997’ and inserting ‘1996 through 2002’.

SEC. 102. SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA.

    (a) IN GENERAL- The section heading of section 358b of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358b) is amended by striking ‘1991 through 1995 crops of’.

    (b) SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA- Section 358b(a) of the Act is amended--

      (1) in paragraph (1)--

        (A) by striking ‘(including any applicable under marketings)’ both places it appears;

        (B) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;

        (C) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:

        ‘(A) with the owner or operator of another farm located within the same county or located in a different county within the same State;’;

        (D) in subparagraph (B) (as so redesignated), by striking ‘undermarketings and’; and

        (E) by adding at the end the following: ‘Fall transfers of quota pounds shall not affect the farm quota history for the transferring or receiving farm and shall not result in a reduction of the farm poundage quota on the transferring farm.’;

      (2) in paragraph (2)--

        (A) by striking ‘(including any applicable under marketings)’;

        (B) by striking ‘county or in a county contiguous to the county in the same’;

        (C) by inserting before the period at the end of the first sentence the following: ‘, if both the transferring and the receiving farms were under the control of the owner or operator for at least 3 crop years prior to the crop year in which the farm poundage quota is transferred’; and

        (D) by striking ‘the transferred quota is produced or considered produced on the receiving farm’ and inserting ‘sufficient acreage is planted on the receiving farm to produce the quota pounds transferred’;

      (3) in paragraph (3), by striking ‘(including any applicable undermarketings)’; and

      (4) by adding at the end the following new paragraph:

      ‘(4) TRANSFERS BY SALE IN STATES WITH LARGE QUOTAS-

        ‘(A) IN GENERAL- In the case of a State for which the poundage quota allocated to the State was 10,000 tons or greater for the previous year, the owner, or operator with permission of the owner, of a farm located in the State for which a farm poundage quota has been established under section 358-1 may sell all or any part of the farm poundage quota to any other eligible owner or operator of a farm within the same State.

        ‘(B) LIMITATIONS-

          ‘(i) 1996- During calendar year 1996, not more than 15 percent of the total poundage quota within a county as of January 1, 1996, may be sold and transferred outside the county under this paragraph.

          ‘(ii) SUBSEQUENT YEARS- During calendar year 1997 and each subsequent calendar year, not more than 5 percent of the total poundage quota within a county as of January 1 of the calendar year may be sold and transferred outside the county under this paragraph.

          ‘(iii) AGGREGATE LIMIT- Not more than an aggregate of 30 percent of the total poundage quota within a county may be sold and transferred outside the county under this paragraph.

        ‘(C) SUBSEQUENT LEASE OR SALE- Quota poundage sold and transferred under this paragraph may not be leased or sold to another farm owner or operator within the same State for a period of 5 years following the original transfer to the farm.’.

    (c) RECORD- Section 358b(b)(3) of the Act is amended by striking ‘committee of the county to which the transfer is made and the committee determines’ and inserting ‘committees of the counties from and to which the transfer is made and the committees determine’.

    (d) CROPS- Section 358b(c) of the Act is amended by striking ‘1991 through 1995’ and inserting ‘1996 through 2002’.

SEC. 103. EXPERIMENTAL AND RESEARCH PROGRAMS.

    Section 358c(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358c(d)) is amended by striking ‘1991 through 1995’ and inserting ‘1996 through 2002’.

SEC. 104. MARKETING PENALTIES.

    Section 358e of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a) is amended--

      (1) in the section heading, by striking ‘1991 through 1997 crops of’;

      (2) in subsection (d)(6)(A), by inserting after ‘If any additional peanuts’ the following: ‘or peanut products made from additional peanuts’; and

      (3) in subsection (i), by striking ‘1991 through 1997’ and inserting ‘1996 through 2002’.

SEC. 105. PRICE SUPPORT PROGRAM.

    (a) IN GENERAL- The section heading of section 108B of the Agricultural Act of 1949 (7 U.S.C. 1445c-3) is amended by striking ‘1991 through 1997 crops of’.

    (b) QUOTA PEANUTS- Section 108B(a) of the Act is amended--

      (1) in paragraph (1), by striking ‘for each of the 1991 through 1997 crops’; and

      (2) in paragraph (2)--

        (A) by striking ‘of the 1991 through 1997 crops’ and inserting ‘crop’; and

        (B) by striking ‘exceed’ and inserting ‘be increased, or decreased,’.

    (c) ADDITIONAL PEANUTS- Section 108B(b)(1) of the Act is amended by striking ‘for each of the 1991 through 1997 crops’.

    (d) AREA MARKETING ASSOCIATIONS- Section 108B(c)(2)(A) of the Act is amended by inserting after the first sentence the following: ‘Peanuts physically produced outside the State of New Mexico shall not be eligible for entry into or participation in the New Mexico pools.’.

    (e) LOSSES- Subsection (d) of section 108B of the Act is amended to read as follows:

    ‘(d) LOSSES-

      ‘(1) OTHER PRODUCERS IN SAME POOL- Losses in an area quota pool shall be offset by reducing the gain of any producer in the pool by the amount of pool gains attributable to the same producer from the sale of additional peanuts for domestic edible use or export.

      ‘(2) QUOTA PEANUTS PLACED UNDER LOAN- Net gains on additional peanuts within an area (other than net gains on additional peanuts in separate type pools established under subsection (c)(2)(A) for Valencia peanuts produced in New Mexico) shall be first reduced to the extent of any loss by the Commodity Credit Corporation on quota peanuts placed under loan in the area, in such manner as the Secretary shall by regulation prescribe.

      ‘(3) QUOTA LOAN POOLS-

        ‘(A) TRANSFERS FROM ADDITIONAL LOAN POOLS- The proceeds due any producer from any pool shall be reduced by the amount of any loss that is incurred with respect to peanuts transferred from an additional loan pool to a quota loan pool by the producer under section 358-1(b)(9) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(9)).

        ‘(B) USE OF MARKETING ASSESSMENTS- The Secretary shall use funds collected under subsection (g) to offset further losses in area quota pools. At the end of each year, the Secretary shall transfer to the Treasury the funds collected under subsection (g) that the Secretary determines are not required to cover losses in area quota pools.

        ‘(C) CROSS COMPLIANCE- Further losses in area quota pools, other than losses incurred as a result of transfers from additional loan pools to quota loan pools under section 358-1(b)(9) of the Agricultural Adjustment Act of

1938 (7 U.S.C. 1358-1(b)(9)), shall be offset by any gains or profits from pools in other production areas (other than separate type pools established under subsection (c)(2)(A) for Valencia peanuts produced in New Mexico) in such manner as the Secretary shall by regulation prescribe.

        ‘(D) INCREASED ASSESSMENTS- If actions taken under subparagraphs (A) through (C) are not sufficient to cover losses in area pools, the Secretary shall increase the marketing assessment established under subsection (g) by such amount as the Secretary considers necessary to cover the losses. Amounts collected under subsection (g) as a result of the increased assessment shall be retained by the Secretary to cover losses in the pool.’.

    (f) EXPORTS AND OTHER PEANUTS- Section 108B(f) of the Act is amended by striking paragraph (2) and inserting the following:

      ‘(2) EXPORTS AND OTHER PEANUTS-

        ‘(A) IN GENERAL- The Secretary shall require that all peanuts, including peanuts imported into the United States, meet all United States quality standards under Marketing Agreement No. 146, regulating the quality of domestically produced peanuts (under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937), and that importers of the peanuts fully comply with inspection, handling, storage, and processing requirements implemented under Marketing Agreement No. 146.

        ‘(B) EXPORTED PEANUTS- The Secretary shall ensure that peanuts produced for the export market meet quality, inspection, handling, storage, and processing requirements under Marketing Agreement No. 146.’.

    (g) MARKETING ASSESSMENT- Section 108B(g) of the Act is amended--

      (1) by striking paragraphs (1) and (2) and inserting the following:

      ‘(1) IN GENERAL- The Secretary shall provide, by regulation, for a nonrefundable marketing assessment equal to 1.2 percent of the national average quota or additional peanut support rate per pound, as applicable, on all peanuts sold in the United States during each of the 1996 through 2002 marketing years.

      ‘(2) TREATMENT OF IMPORTED PEANUTS- For the purposes of determining the applicable assessment rate under this section, imported peanuts shall be treated as additional peanuts.

      ‘(3) FIRST PURCHASERS-

        ‘(A) DEFINITION OF FIRST PURCHASER- In this paragraph, the term ‘first purchaser’ means a person acquiring peanuts from a producer, or a person that imports peanuts, except that in the case of peanuts forfeited by a producer to the Commodity Credit Corporation, the term means the person acquiring the peanuts from the Commodity Credit Corporation.

        ‘(B) ADMINISTRATION- Except as provided in subparagraph (C) and paragraphs (3) and (4), the first purchaser shall--

          ‘(i) collect from the producer a marketing assessment equal to the quantity of peanuts acquired multiplied by .6 percent of the applicable national average support rate;

          ‘(ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to the quantity of peanuts acquired multiplied by .6 percent of the applicable national average support rate; and

          ‘(iii) remit the amounts required under clauses (i) and (ii) to the Commodity Credit Corporation in a manner specified by the Secretary.

        ‘(C) IMPORTED PEANUTS- In the case of imported peanuts, the first purchaser shall pay to the Commodity Credit Corporation, in a manner specified by the Secretary, a marketing assessment in an amount equal to the quantity of peanuts acquired multiplied by 1.2 percent of the national average support rate for additional peanuts.’; and

      (2) by adding at the end the following new paragraph:

      ‘(7) USE OF FUNDS- Funds collected under this subsection shall be used by the Secretary to offset the costs of operating the peanut price support program.’.

    (h) CROPS- Section 108B(h) of the Act is amended--

      (1) by striking ‘Notwithstanding’ and inserting ‘Except as provided in subsection (g) and notwithstanding’; and

      (2) by striking ‘1991 through 1997’ and inserting ‘1996 through 2002’.

SEC. 106. REPORTS AND RECORDS.

    Effective only for the 1996 through 2002 crops of peanuts, the first sentence of section 373(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1373(a)) is amended by inserting before ‘all brokers and dealers in peanuts’ the following: ‘all producers engaged in the production of peanuts,’.

SEC. 107. SUSPENSION OF PERMANENT PROGRAM.

    (a) MARKETING QUOTAS AND ACREAGE ALLOTMENTS- The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 1996 through 2002 crops of peanuts:

      (1) Subsections (a) through (j) of section 358 (7 U.S.C. 1358).

      (2) Subsections (a) through (h) of section 358a (7 U.S.C. 1358a).

      (3) Subsections (a), (b), (d), and (e) of section 359 (7 U.S.C. 1359).

      (4) Part I of subtitle C of title III (7 U.S.C. 1361 et seq.).

      (5) Section 371 (7 U.S.C. 1371).

    (b) PRICE SUPPORT- Section 101 of the Agricultural Act of 1949 (7 U.S.C. 1441) shall not be applicable to the 1996 through 2002 crops of peanuts.

SEC. 108. REFERENDUM REGARDING POUNDAGE QUOTAS.

    Section 358-1(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 13581(d)) is amended by striking paragraph (1) and inserting the following new paragraph:

      ‘(1) IN GENERAL- Each calendar year, the Secretary shall conduct a referendum of producers engaged in the production of quota peanuts in the calendar year in which the referendum is held to determine whether the producers are in favor of or opposed to poundage quotas with respect to the crops of peanuts produced in the seven calendar years immediately following the year in which the referendum is held, except that, if as many as two-thirds of the producers voting in any referendum vote in favor of poundage quotas, no referendum shall be held with respect to quotas for the next six years of the period. If the referendum required in 1995 is completed or underway before the date of the enactment of the Peanut Program Improvement Act of 1995, the referendum shall be deemed to cover calendar years 1996 through 2002, rather than just calendar years 1996 and 1997. In the case of any referendum required in calendar years 1996 through 2002, the Secretary shall conduct the referendum not later than December 15 of the calendar year in which the referendum is required.’.

SEC. 109. REGULATIONS.

    The Secretary of Agriculture shall issue such regulations as are necessary to carry out this title and the amendments made by this title. In issuing the regulations, the Secretary--

      (1) is encouraged to comply with subchapter II of chapter 5 of title 5, United States Code;

      (2) shall provide public notice through the Federal Register of any such proposed regulations; and

      (3) shall allow adequate time for written public comment prior to the formulation and issuance of any final regulations.

SEC. 110. ADMINISTRATION.

    The first paragraph of section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), is amended--

      (1) in the first sentence, by striking ‘30 per centum’ and inserting ‘30 percent (or, in the case of duties collected with respect to an import that is subject to a tariff-rate quota, 100 percent)’; and

      (2) in the second sentence--

        (A) by striking ‘and (3)’ and inserting ‘(3)’; and

        (B) by inserting before the period at the end the following: ‘; and (4) offset the costs of operating a program to provide price support for domestically produced peanuts’.

TITLE II--PEANUT STANDARDS

SEC. 201. INSPECTION; QUALITY ASSURANCE.

    (a) INITIAL ENTRY- The Secretary of Agriculture (referred to in this title as the ‘Secretary’) shall require all peanuts and peanut products sold in the United States to be initially placed in a bonded, licensed warehouse approved by the Secretary for the purpose of inspection and grading by the Secretary, the Commissioner of the Food and Drug Administration, and the heads of other appropriate agencies of the United States.

    (b) PRELIMINARY INSPECTION- Peanuts and peanut products shall be held in the warehouse until inspected by the Secretary, the Commissioner of the Food and Drug Administration, or the head of another appropriate agency of the United States, for chemical residues, general cleanliness, disease, size, aflatoxin, stripe virus, and other harmful conditions, and an assurance of compliance with all grade and quality standards specified under Marketing Agreement No. 146, regulating the quality of domestically produced peanuts (under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937).

    (c) SEPARATION OF LOTS- All imported peanuts shall be maintained separately from, and shall not be commingled with, domestically produced peanuts in the warehouse.

    (d) ORIGIN OF PEANUT PRODUCTS-

      (1) LABELING- A peanut product shall be labeled with a label that indicates the origin of the peanuts contained in the product.

      (2) SOURCE- No peanut product may contain both imported and domestically produced peanuts.

      (3) IMPORTED PEANUT PRODUCTS- The first seller of an imported peanut product shall certify that the product is made from raw peanuts that meet the same quality and grade standards that apply to domestically produced peanuts.

    (e) DOCUMENTATION- No peanuts or peanut products may be transferred, shipped, or otherwise released from a warehouse described in subsection (a) unless accompanied by a United States Government inspection certificate that certifies compliance with this section.

SEC. 202. HANDLING AND STORAGE.

    (a) TEMPERATURE AND HUMIDITY- The Secretary shall require all shelled peanuts sold in the United States to be maintained at a temperature of not more than 37 degrees Fahrenheit and a humidity range of 60 to 68 percent at all times during handling and storage prior to sale and shipment.

    (b) CONTAINERS- The peanuts shall be shipped in a container that provides the maximum practicable protection against moisture and insect infestation.

    (c) IN-SHELL PEANUTS- The Secretary shall require that all in-shell peanuts be reduced to a moisture level not exceeding 10 percent immediately on being harvested and be stored in a facility that will ensure quality maintenance and will provide proper ventilation at all times prior to sale and shipment.

SEC. 203. LABELING.

    The Secretary shall require that all peanuts and peanut products sold in the United States contain labeling that lists the country or countries in which the peanuts, including all peanuts used to manufacture the peanut products, were produced.

SEC. 204. INSPECTION AND TESTING.

    (a) IN GENERAL- All peanuts and peanut products sold in the United States shall be inspected and tested for grade and quality.

    (b) CERTIFICATION- All peanuts or peanut products offered for sale in, or imported into, the United States shall be accompanied by a certification by the first seller or importer that the peanuts or peanut products do not contain residues of any pesticide not approved for use in, or importation into, the United States.

SEC. 205. NUTRITIONAL LABELING.

    The Secretary shall require all peanuts and peanut products sold in the United States to contain complete nutritional labeling information as required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.).

SEC. 206. PEANUT CONTENT.

    (a) OFFSET AGAINST HTS QUANTITY- The actual quantity of peanuts, by weight, used to manufacture, and ultimately contained in, peanut products imported into the United States shall be accounted for and offset against the total quantity of peanut imports allowed under the in-quota quantity of the tariff-rate quota established for peanuts under the Harmonized Tariff Schedule of the United States.

    (b) VERIFICATION- The Secretary shall establish standards and procedures for the purpose of verifying the actual peanut content of peanut products imported into the United States.

SEC. 207. PLANT DISEASES.

    The Secretary, in consultation with the heads of other appropriate agencies of the United States, shall ensure that all peanuts in the domestic edible market are inspected and tested to ensure that they are free of all plant diseases.

SEC. 208. ADMINISTRATION.

    (a) FEES- The Secretary shall by regulation fix and collect fees and charges to cover the costs of any inspection or testing performed under this title.

    (b) CERTIFICATION-

      (1) IN GENERAL- The Secretary may require the first seller of peanuts sold in the United States to certify that the peanuts comply with this title.

      (2) FRAUD AND FALSE STATEMENTS- Section 1001 of title 18, United States Code, shall apply to a certification made under this title.

    (c) STANDARDS AND PROCEDURES- In consultation with the heads of other appropriate agencies of the United States, the Secretary shall establish standards and procedures to provide for the enforcement of, and ensure compliance with, this title.

    (d) FAILURE TO MEET STANDARDS- Peanuts or peanut products that fail to meet standards established under this title shall be returned to the seller and exported or crushed pursuant to section 358e(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a(d)).

SEC. 209. CHANGE OF VENUE.

    In any case in which an area pool or a marketing association brings, joins, or seeks to join a civil action in a United States district court to enforce this title, the district court may not transfer the action to any other district or division over the objection of the pool or marketing association.